Secretary for Administration and Justice André Cheong has recommended that members of the public refer to the interpretation of the police authority, especially the Public Security Police Force (PSP), to understand Macau’s regulations on non-local people’s rights to assemble and protest.
On Friday, during the police press conference of the Executive Council, Cheong was questioned about both his personal views as well as his professional understanding of the city’s recent debate over PSP’s statement that non-locals are not allowed to be involved in public demonstrations.
Secretary for Security Wong Sio Chak made this clear recently, citing Article 43 of the Basic Law, saying that equal rights are not absolute for migrant workers.
“I have nothing else to add since the security authority [has] provided some explicit explanation[s] regarding the interpretation of the law,” said Cheong. “The security authority already gave a comprehensive explanation.”
Article 43 of the Basic Law says that “persons other than Macau residents in the Macau Special Administrative Region shall, in accordance with the law, enjoy the rights and the freedom of Macau residents prescribed in this chapter.”
Cheong applied his answers to multiple and similar questions raised by the media.
According to Cheong, when implementing the law, police officers are entitled to interpret the law based on their own understanding.
“I think it is normal for [everyone] to have different opinions and interpretations about the law. It is normal that we have discussions. If the concerned individuals disagree with the law enforcement’s interpretation of the law, there are other methods to resort to. If there is no other way, then they can resort to judicial methods,” said the Secretary.
Even when asked about his professional opinion as the Secretary for Administration and Justice, Cheong still stuck to his answer that “the security authority already has a very explicit explanation.”
AL willing to listen to public opinions
Chairman of the Legislative Assembly (AL) Kou Hoi In has said that demonstrations and assemblies must be held in accordance with the law and there might be different opinions regarding the law. The legislative body hopes to hear all kinds of opinions.
Kou thinks that if society demands changes, it is possible for law amendments to be considered and arranged.
In addition to his comment on non-citizens’ right to assemble, Kou also said that the AL is open and willing to listen to the opinions of the community in regard to opening the current closed-door AL committee meetings.
Chan Wa Keong: no law regulating non-citizens’ demonstration rights
On the sidelines of the Legislative Assembly’s Spring Lunch on Friday, lawmaker and lawyer Chan Wa Keong expressed that even though the Basic Law says that non-Macau-citizens can also enjoy the right to demonstrate, the city’s demonstration law does not have regulations suggesting that non- citizens in Macau can assemble for a demonstration.
Chan’s interpretation was that the Basic Law says that non-citizens enjoy the rights “in accordance with the law” but that the “law” refers to the ones established in accordance with the Basic Law. The “law on demonstration and assembly rights only talks about Macau local residents but not migrant workers, so that there is no legal basis for non-local workers to rally or demonstrate in Macau.”
For Chan, the PSP’s reply does not contradict the Basic Law.
“I can’t see that there is any need to amend the concerned law,” he said.
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