The Legislative Assembly (AL) has voted for the suspension of the mandate of lawmaker Sulu Sou, allowing the continuation of the pending prosecution against him over an alleged misconduct after a demonstration on May 15 of last year.
Sou was charged last month for aggravated disobedience to police authorities. Allegedly, after the demonstration ended at the Nam Van Lake area, a group of members of the New Macau Association (ANM) tried to deliver a letter to the official residence of the Chief Executive (CE) at Penha Hill.
The protest had been called by the ANM and they were joined by other organizations and associations to attempt to pressure the CE to withdraw an intended donation of RMB100 million by the Macao Foundation (FM) to Jinan University in Guangdong Province, as the university was in fact linked to the CE.
This suspension puts to an immediate stand-by the mandate of the youngest ever Macau lawmaker, after he held the position for only seven weeks. In the most recent election, Sou was voted in as the 12th legislator of Macau, backed by 9,212 votes.
The suspension was approved through a vote conducted by secret ballot, which resulted in an overwhelming 28 votes in favor and only four against during yesterday’s afternoon session of the AL. The session was scrutinized heavily by the media.
After the results were known and the session came to a closure, Sou joined a group of supporters of ANM, including the president Kam Sut Leng. The assembled group raised their arms in the air in a cross-shape and shouted, “We will continue working, we will not give up.”
To the media while exiting from the AL plenary session, Sou said, “I am going to continue to have a smooth attitude in order to face the criminal case. I hope that the courts can deliver justice to me.” He noted that there is not yet a new date for the start of the trial, which was postponed from November 28.
“I have to take this opportunity to say sorry to the citizens since tomorrow [today] and although I had prepared a lot of work regarding the Policy Address sectorial debate of the Land and Public Works, I will not be able to participate from the plenary session. I’m really sorry, my mandate was suspended, I cannot fulfill my duties of lawmaker in the inspection of the government [activities and policies],” Sou said. “But my office will still be open to listen to the citizens and to their opinions. If you need any assistance, please come,” he added.
Questioned on the results of the vote, Sou expressed the feeling that the government has “influenced the voting of the lawmakers.” He noted that it, “seems like the government and the AL are taking steps together, jeopardizing the independence of the AL.”
The crime of which Sou is accused has a penal framework up to two years of imprisonment and any conviction with a jail term of over 30 days would disqualify him as a lawmaker and bring into doubt his future eligibility for such positions.
Sou presents defense omitted from advisory paper
Yesterday’s unusual session of the Legislative Assembly (AL) saw the debate before the vote over Sulu’s suspension mostly centered on questions and explanations between lawmakers Pereira Coutinho, Vong Hin Fai and Sulu Sou.
Pereira Coutinho was one of the most active in questioning several procedures and the conclusions reached by the Committee of Regiment and Mandates of the AL regarding the case of Sou. The lawmaker questioned why the opinions expressed by him and Sou during the two meetings of the Committee had not been included in the final document, adding that it looked like “a case of censorship.”
“The committee has the obligation to issue an opinion, either in favor or against. It didn’t,” said Coutinho, noting that the process involved several illegal actions, including the lack of a hearing session to allow lawmaker Sou to present his version of events.
Consequently, Coutinho urged Sou to repeat to the plenary the “defense” that he had provided to the committee.
Sou accepted the challenge and explained that in his opinion “there was no disobedience to the authorities” in the case of which he stands accused. “I always [maintained] good communication with the frontline police officers during all demonstrations,” he said.
Advancing on the topic, Sou said, “It was always our wish and ambition from the start to deliver our petition to the CE. After the demonstration that ended at the Nam Van Lake, a small group headed to the official residence leaving megaphones behind and aiming to deliver a letter.”
Sou clarified that while it is necessary to obtain pre-authorization to hold a demonstration, such permission is not required for delivering a petition or letter to the CE. “The police confused both events and considered that this second part was an illegal gathering,” he explained. “We disagree.”
Lawmaker Kou Hoi In had read the opinion from the committee surmising that “parliamentary immunity is not an absolute value.” He said that Sou had been present in both meetings of the Committee and had been given the opportunity to present his “defense.”
“We cannot make any judgment on the case [and take a side],” added Vong Hin Fai. “If we did we would put at risk the work of the courts and of the judiciary powers on the trial of the case.” Vong went on to ridicule Coutinho’s opinion, which he described as “ridiculous” and “disrespectful” to the AL and to the lawmakers involved.
Ng Kuok Cheong expressed his support for Sou, noting the case “didn’t involve any violence or anything related to Macau independence. […] If [the lawmaker] expresses the will to fulfill his mandate with honesty, we should allow it.”
Both Coutinho and Sou tried to highlight the fact that voting down the suspension would not allow Sou to evade justice. He would still need to respond at a later date, they argued.
According to the legal advisory from the AL, “there is no legal basis for the AL to set an exact timeframe for the suspension period,” adding that according to the regulations, “it expires after the trial and sentence has been attributed,” but remarking, “the AL is sovereign in the decisions that it takes.”
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