Legislative assembly | Vote on ‘immunity resolution’ postponed for today

Lawmaker Pereira Coutinho

Deliberations at the Legislative Assembly (AL) on Vong Hin Fai’s ‘immunity resolution’ and whether lawmaker Sulu Sou’s suspension should be regarded as a political act or not have been postponed to today.

Yesterday’s AL agenda was piled up with five issues, including the establishment of the laws of Macau’s sea management and administration, the amendment of the regulations of civil servants’ holidays, and the immunity resolution in regards to Sulu Sou’s December 4 suspension.

Several lawmakers managed to pose their questions regarding the amendment of civil servants’ work regulations, however, after a first round of questions, government representatives did not have enough time to answer all the lawmakers’ questions.

Under these conditions, and given the potential for debate over Sou’s suspension, the vote scheduled last on the AL’s agenda was postponed.

The last item of the agenda also resolved to discuss Vong Hin Fai’s controversial immunity resolution. The immunity resolution seeks to classify these suspensions as “political acts”, barring administrative courts from ruling on whether they – or presumably the procedures leading up to the decisions – are lawful.

Before yesterday’s AL commenced, Vong claimed that Macau’s judiciary operation will not be affected by the results of the vote.

Lawmaker José Pereira Coutinho said, in his speech before the agenda, that “I hope that we all understand the importance of the independence of the courts and the judges, and we all [need to] not interfere, restrict or damage the courts and judges’ work as well as Macau’s judiciary system.”

The immunity resolution contains just two articles. The first states that “deliberations of the Legislative Assembly that lead to the suspension or loss of a lawmaker’s mandate are acts of a political nature that are excluded from administrative, fiscal or customs appeal.”

The second article establishes that the measure would have retroactive effects dating back to December 1999, when the MSAR was created. JZ

The first 120 days

SULU SOU was elected as one of Macau’s 33 legislators approximately 120 days ago, but formally took up his seat in the Legislative Assembly just three months ago. In that time, the young democrat has developed a reputation for breaking with tradition and unnerving the city’s political elite. Now he stands on the brink of expulsion from the legislature.

Here’s a look at his turbulent first 120 days:

September 17  – The night of the election. Dozens of young activists gather at the New Macau Association headquarters to await the results and find out whether 26-year-old Sulu Sou has won a seat.

September 18  – It is officially confirmed that New Macau Progressives has won a seat in the Legislative Assembly with a total of 9,212 votes. Sou says that he wants to see 100 percent of legislature seats filled via direct elections and warns Chief Executive Chui Sai On not to “underestimate the power of young people.”

October 16  – The 33 elected lawmakers take their oaths at the government’s headquarters in the presence of the chief executive. The ceremony passes without incident.

November 2  – Sou irritates his fellow lawmakers by pledging to broadcast comments made in their closed-door meetings on social media. He follows through on this pledge on several occasions.

November 13  – It emerges that Sou might have his mandate suspended via a vote in the Legislative Assembly. The suspension will allow for his prosecutorial immunity to be lifted so that he may stand trial accused of “aggravated disobedience” dating back to a 2016 demonstration.

November 15  – Sou calls on Chui to take more accountability over the handling of Typhoon Hato during a Legislative Assembly debate, in what becomes an embarrassing public episode for the chief executive.

December 4 Lawmakers resolve to suspend Sou’s mandate with a secret ballot vote; 28 in favor and four against. Legislator Pereira Coutinho points out several procedural irregularities with the vote.

January 4 – Sou appeals to the Court of Second Instance to determine whether the irregular procedures leading to his suspension were lawful.

January 9 – Sou is expected to begin his trial on aggravated disobedience at the Court of First Instance, but asks for a postponement while his new lawyer, Jorge Menezes, studies the case documents and has them translated into Portuguese. The postponement is approved.

January 11 – Lawmakers Vong Hin Fai and Kou Hoi In submit their ‘immunity resolution’, which seeks to classify suspensions as “political acts”, barring administrative courts from ruling on whether they are lawful. The proposal is widely criticized by lawyers, political analysts, and other lawmakers.

January 16  – The Court of First Instance says it cannot rule on the charges of aggravated disobedience until the Court of Second Instance has handled Sou’s appeal. Meanwhile, lawmakers postpone a detailed discussion on the immunity resolution until today. DB