Courts | Sulu queries gov’t plans to safeguard judicial integrity

Sulu Sou

Lawmaker Sulu Sou has presented a written enquiry to the Macau government calling for greater transparency in the judicial system now that the Legislative Assembly has approved a controversial bill barring non-Chinese judges from ruling on matters of national security.

The written enquiry contains three questions posed to the government on the protection of the independence and integrity of the courts and the promotion of judicial transparency.

Citing Article 83 of the Macau Basic Law – which reads, “the courts of the Macau Special Administrative Region shall conduct trials independently and obey only the law without any interference” – Sou remarked that judicial independence is “the most important spirit and cornerstone of the rule of law in society.”

“Judicial independence should be the universal value of human beings. There should be no distinction between national boundaries, regions, rich or poor, nor can judicial independence be defined as the exclusive Western or Eastern road,” he wrote. “The significance of judicial independence lies in making decisions based on law and facts. Therefore, the independence of the system and the [judges] are crucial.”

Noting the importance of “winning the trust of society with integrity,” Sou observed that “in recent years, some members of the public have had doubts about whether the independence of Macau’s judiciary has been shaken.” The lawmaker has asked the government whether it plans to take measures to safeguard the core value of judicial independence.

The written enquiry continues with a request for greater transparency in the judiciary system, including the justification for the appointment or substitution of judicial officers over cases that involve matters of national security.

It also calls for transparency over the general administrative operations of the courts. For example, the lawmaker requests the full publication of “all the contents of the SAR courts” that do not violate the personal data of the parties or are legally required to remain confidential.

Sou has requested a written reply from Chief Executive Chui Sai On within 30 days of receiving the enquiry. DB