Pro-democratic groups organizing a civil referendum on universal suffrage are not giving up, after the Court of Final Appeal refused to provide a ruling on their request to hold a number of assemblies promoting the ballot. Handing out flyers and carrying referendum flags, the campaign will be brought to the streets of Macau today.
Jason Chao, president of the Open Macau Society, said yesterday in a press conference that organizers will move forward with the civil referendum, even though they have not been granted any authorization to carry out their activities in public spaces.
“We will be starting our promotional activities tomorrow [today], by handing out flyers and leaflets and by putting our flags on display in the streets. However the flags cannot be placed at a fixed location, so we will be carrying them,” Jason Chao revealed.
Organizers argue that according to the Court of Final Appeal’s ruling, which was released on Wednesday, promotional activities are not considered assemblies. Therefore, they asserted that “notifying authorities in advance is not required.”
In the ruling, Judge Song Man Lei (who currently holds the position of president of the Electoral Affairs Commission for the Chief Executive), along with Viriato Lima and Sam Hou Fai, stressed that the civil referendum’s intention is to seek and to understand residents’ opinions about the current political system, and regarding the possibility of electing the Chief Executive through universal suffrage in 2019.
“Considering the true nature of the ‘civil referendum,’ we think that the relevant promotional activities should not be considered ‘assemblies’ from a legal-technical perspective,” the ruling reads.
They said that TUI has no grounds to intervene in the case, since these activities are not considered a protest or a reunion.
The pro-democratic groups filed a series of requests at the Civic and Municipal Affairs Bureau (IACM) last week, seeking authorization to hold assemblies in public spaces to promote the ballot.
All requests were denied, as IACM said that a referendum challenges and damages the Chinese constitution, as well as the Macau Basic Law.
But TUI’s decision has left the pro-democratic groups with their doubts. Jason Chao went further, saying that he is “very disappointed.”
Although they have decided to move forward with the referendum, organizers are confronted with a series of constraints. They can hand out flyers and carry flags, but they will be unable to effectively occupy a public space to promote the ballot, as setting up booths or using any other materials is out of the question.
“From our point of view and interpretation of the law, to set up tables or booths in public spaces we need a permit from IACM,” said Chao.
The referendum is set to take place between August 24 and 31. The three groups will soon file a request at IACM, asking permission to set up polling stations in public streets during the ballot period.
However, they are not confident that they will receive positive response. “We may apply for a license from IACM, but the chance of a successful application is not high. We are not that optimistic,” Jason Chao admitted.
They are hoping, however, that if IACM rejects such a request yet again, they will still be able to file an appeal with TUI.
But, fearing another “non-decision” from the Court of Final Appeal, pro-democratic groups are now seeking help from citizens. They have urged Macau’s people to open up any private spaces they might own for use as polling stations if necessary.
“We won’t set our expectations too high but we expect [to use] places that will be easily accessible for citizens, like shops and restaurants,” said Jason Chao.
After consulting with the CAECE, the Legal Affairs Bureau and the Public Prosecution Office (MP), the pro-democratic groups have decided to announce the referendum results on August 31 (for Motion 1) and on September 2 (for Motion 2).
The Open Macau Society, Macau Youth Dynamics and Macau Conscience are jointly organizing the controversial unofficial referendum.
no protest for now
The Court of Final Appeal has refused to provide a ruling on the Open Macau Society’s request to hold assemblies promoting an unofficial referendum. But, at the same time, judges did not deem the event illegal. Asked by reporters if pro-democratic groups are thinking of holding a protest against this kind of “non-decision,” Jason Chao stated: “Successfully organizing the civil referendum [will make a louder statement] than a protest in our case.”
changing name isn’t ‘helpful’
Changing the civil referendum’s name might not be helpful, Jason Chao, president of the Open Macau Society, said yesterday. “[The Court of Final Appeal’s] ruling suggests that a change [in the name] will not be helpful in securing public places because activities related to opinion polls don’t constitute an assembly. Even if we decide to change the name to ‘public consultation’ or ‘opinion poll’, it won’t help us to secure a public space,” he claimed.
referendum questions
Motion 1: Should the Chief Executive of Macau be elected by universal suffrage in 2019? (Yes, No, Abstention)
Motion 2: Do you have confidence in the sole candidate in the Chief Executive Election 2014 becoming Chief Executive? (Yes, No, Abstention)
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