AL Committee has many questions on practicality of national security law

Lawmakers have raised many questions about the national security law proposal having examined it in detail, committee president Ella Lei told a press briefing yesterday.

The comments came after the initial meeting of the First Standing Committee of the Legislative Assembly (AL) to discuss the bill, which the AL passed without remarks last Dec. 15.

No government representatives attended the committee’s meeting, which was dedicated to collecting lawmakers’ questions.

Lei said the committee’s questions to the government will mainly be about the practical application of the law.

“There are some parts that need clarification,” Lei said, such as the meaning of “general provisions and definitions, like the definition of state and state security.”

The committee president said the questions extended to the law’s scope and its application to investigations and evidence collection on acts that might threaten national security but which occurred outside Macau’s jurisdiction.

“We understand the part [about] acts practiced in ships or vessels registered in Macau and also aircraft, this seems to be simple to understand, but we have questions about the others,” Lei said, noting the law expressly targets all Chinese citizens and Macau residents, even when they are outside local jurisdiction.

“We are mostly concerned with the practical application [of evidence collection] outside Macau and the validity of this proof,” Lei said.

The committee has asked the government about acts committed during competitions abroad and other similar aspects, Lei said.

The committee has also questioned how Articles 3 and 4 are related and how the penalties for paying to support seditious acts of subversion of state power will relate to Macau’s Penal Code.

State secrets should be addressed together

The national security law contains a proposal for the protection of “state secrets,” but how this will be regulated is articulated in a separate bill that the Executive Council has recently announced.

Lei hoped that, since they are deeply related, the two bills could be discussed concurrently to avoid incompatibilities or loopholes and to facilitate the legislative work.

However, she noted the two bills are in two different stages, with the standing committee already discussing the national security law while the second bill has not yet reached the AL. The second bill would need first reading approval before reaching the same stage.

Although unstated, it was hinted that discussion about the national security law proposal might be slowed to allow time for the state secrets bill to reach the same discussion stage.

Entry into force can also be a problem

The lawmakers have also sought clarity about when the new law would take effect.

The proposal says the law takes effect the day after its publication in the government’s official gazette, Lei said.

Lawmakers foresee a potential problem if the law takes effect so quickly. They fear several “preparatory works” the government is said to be undertaking may not be concluded in time.

Lawmakers will continue discussions with government representatives in a meeting soon to be scheduled.

Lawmakers trust residents’ rights will be safeguarded

Responding to media, Lei said the committee thinks residents’ rights are being properly accounted for, although she admitted the committee had not questioned the government on this point.

“We believe the rights of residents are well reflected in the law as the bill’s text clearly states this, but the committee will ask the government about this too,” she said.