Referenda not initiated by the government are illegal in Macau, a parliamentary committee noted yesterday.
After studying the National Security Law Amendment Bill, the First Standing Committee of the parliament held a press conference, at which its president, Ella Lei, made the comment.
Government officials attended the main meeting to answer questions from lawmakers.
Lei was asked whether private citizens who attempt to initiate referenda in the future will be subject to prosecutions under the Bill. To this, she cited government officials saying that such referenda is banned pursuant to other laws of Macau.
She added that a referendum is a “public law activity with a defined legal meaning” and they are subject to specific legal provisions that regulate them. “[Referenda] are different from surveys,” the lawmaker added.
She was then asked to elaborate whether future civil referendum initiators will be prosecuted, to which she refrained from giving a direct answer, saying that it should be considered on a case-by-case basis.
Government officials were also cited as saying that civil referenda are unconstitutional. Either contravening the Constitution or initiating an unconstitutional referendum is targeted at secession. The officials also commentated that “relevant activities” are illegal and do not fall within the scope of obstructing public discussions.
The government stated that abetting or supporting rebellion, a new concept in the Bill, refers to instigating or facilitating the planned crime with a clear subject in public or private, directly or indirectly, including providing material, intelligence or financial support to specific targets. The committee recommended the government clearly define the relevant subjects, the means and the purpose of conducting the proposed crimes.
On the sidelines of the press conference, Secretary for Security Wong Sio Chak hinted at the necessity for mutual judicial assistance between Macau and mainland China. With such arrangements, Wong said, both jurisdictions will be able to facilitate transfers of suspects, mutual recognition of evidence and handling of compensation.
His comments were made when he was questioned on concerns over mainland drivers fleeing responsibility after causing traffic accidents in Macau after driving license mutual recognition is enacted on May 16.
Adding to his aforementioned comments, Wong said that current partnerships will be sufficient to deal with such matters.
The official was also asked about the future of the Macau-Zhuhai border-crossing daily cap. He pointed out that one of the two border checkpoints where the measure is imposed – the Border Gate – is under renovation with limited crowd handling capacities, and tried to justify the need for the measure.
At the same event, the security official was also asked to comment on the easing of mask-wearing requirements, which he described as “a welcome move.” The official did not wear a mask while he was speaking to the press.
“So now I don’t have a mask but my smile on,” the official said, adding that the easing will be beneficial to both residents and visitors in terms of resuming normal lives. However, he reminded people to remain vigilant, while hoping that no new waves of infections will occur.
