Lawyers criticize new judicial law

A few lawyers in the region expressed their sentiments over the finished draft of the new law proposal, which bars foreign judges from hearing national security and defense cases.

The proposed changes suggest that matters of national security should only be judged by permanently appointed Chinese judges.

The Legal Affairs Bureau (DSAJ) confirmed to Reuters that the proposed draft law, which Secretary for Administration and Justice, Sonia Chan, announced in February, is complete.

According to Chan’s comment made in February, the amendments would help speed up trial proceedings, adding that such cases should be exclusive to local judges, as the cases might involve confidential information about the city and its defenses.

A spokesperson from DSAJ said that the amendments were necessary based on “consideration of major interests such as safeguarding the sovereignty, security and territorial integrity of the country.”

It added that the government would submit the relevant legal proposals to the Legislative Council after internal procedures are completed. No timeframe has been given.

Aside from the head of Macau’s Lawyers Association Neto Valente, who described the move as a “bad solution,” adding that the proposal would amount to discrimination, some Portuguese lawyers also expressed alarm that the proposal violates the city’s Basic Law.

A legal source who declined to be identified given the sensitivity of the matter told Reuters, “This is totally ridiculous and a very dangerous step.”

“It is a real attempt on the autonomy of the judicial system,” the source added.

10 out of 49 magistrates in Macau hold foreign citizenship, mostly from Portugal.

Pedro Cortes, a senior partner with law firm Rato, Ling, Lei & Cortes in Macau, said the proposal could get passed this year in the predominantly pro-establishment Legislative Assembly.

“It is going to be easy to pass this type of legislation, whatever is the final version proposed,” he said.