MACAU DAILY TIMES 澳門每日時報

Top Menu

  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia

Main Menu

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
logo
FOUNDER & PUBLISHER Kowie Geldenhuys
EDITOR-IN-CHIEF Paulo Coutinho
Macau,

MACAU DAILY TIMES 澳門每日時報

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Gov’t to channel 80% of 2025 budget surplus into Pension Fund

  • Abuse cases prompt calls for stronger reporting and staff checks

  • FIBA 3×3 World Tour and GBA finals return to the Ruins of St. Paul’s

  • Deals signed to strengthen recruitment and retention

  • Global Payments finds 98% of consumers in China open to shopping agents

  • Transport, education and healthcare top society’s concerns

Opinion
Home›Opinion›Rear Window | Undermining itself

Rear Window | Undermining itself

By Severo Portela
Monday, September 25, 2017
80
0

Severo Portela

While the ripples of Hato disaster still dominate MSAR life… perhaps it is a convenient, if not an auspicious, occasion to address what prevents Macau from being the best of all possible Macaus. Bearing in mind that only fiction offers the prerogative of a fresh start, let’s say a refresh or a starting over.

However, there is a lot Macau can do to accord with the supposed image of an autonomous international entertainment city first among equals. Hato offers the opportunity to reveal more and conceal less. There is a lot to explore.

Let us consider as an example the anachronistic or bizarre situation of former Public Prosecutor General Ho Chio Meng being convicted directly by MSAR’s Court of Final Appeal (TUI), as before him the disgraced Secretary for Public Works Ao Man Long. Ho Chio Meng, who was the PPG at the time of AML trial, and without the fundamental right to appeal, nonetheless filed his reasons to TUI, including two solutions to deal with a decision intended to be final: a special or ad hoc court.

The thing is the outcome of Ho’s rightful appeal makes the situation a kind of Catch 22 nightmare. To sustain the appeal Ho has to presume the existence of a loophole, to reject the appeal TUI judge Song Man Lei had to note there is no loophole.

Of course, this is utterly technical stuff, but common sense tells people that article 40 of MSAR Basic Law knows best when it states that the provisions of the International Covenant on Civil and Political Rights “shall remain in force and shall be implemented through the laws of MSAR”. Furthermore “the rights and freedoms enjoyed by Macau residents shall not be restricted unless prescribed by law. Such restrictions shall not contravene the provisions of the first paragraph of this article”.

Before, in those times of AML, the ways to deal with the embarrassing exclusion of the fundamental principle that everybody “shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”, as per the ICCPR, were of two types: the denial of the right of appeal as a universal; the logical impossibility to grant that right at the Court of Final Appeal. Probably because the objective restriction of the right of appeal was arithmetically quantifiable the question was raised little further, despite being one of (some) citizen(s) rights, freedoms and guarantees.

TUI decided to call a spade a spade, and via a judge Song Man Lei ruling, put an end to that limbo of the loophole or not a loophole quandary. “When it was determined that in some particular cases (regarding high ranking officials) the court with the proper right to rule should be TUI, it was already clear that this would leave no room for appeals”.

The elephant has always been in the room, but perhaps it was more comfortable and convenient to be complacent and blind. Macau chose to live well knowing that a small circle of residents would have their rights diminished, given certain circumstances, something that when you are looking from the outside speaks foul in terms of rule of law.

It is crystal clear: there is no loophole! Once we may consider the possibility, but twice is a deliberate legislative intention: Macau Judicial Framework Law was reviewed in 2009 but the window closed untouched on the issue of appeal.

Finally, in scenario-building speculation, we would quote a recurrent saying that the devil is in the details… and now the devil knows the drill.

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on WhatsApp (Opens in new window) WhatsApp
  • Print (Opens in new window) Print

Like this:

Like Loading…

Related

TagsRear Window
Previous Article

Monday, September 25, 2017 – edition no. ...

Next Article

China criticizes S&P credit rating cut

Related articles More from author

  • Opinion

    Rear Window | Lei Kong on trial for defamation

    Monday, September 10, 2018
    By Severo Portela
  • Opinion

    Rear Window | Trouble in mind

    Monday, December 5, 2016
    By -
  • Opinion

    Rear Window | TUI cum laude

    Monday, August 11, 2014
    By Severo Portela
  • Opinion

    Rear Window | Polishing the judiciary

    Monday, March 5, 2018
    By Severo Portela
  • Opinion

    Rear Window | Macau after Typhoon Mangkhut

    Monday, September 24, 2018
    By Severo Portela
  • Opinion

    Rear Window | Bang on a can

    Monday, February 13, 2017
    By Severo Portela

Leave a reply Cancel reply

You must be logged in to post a comment.

  • Business

    Bill Gates-led fund raises another $1b to invest in clean tech

  • World of Bacchus

    Tasting II

  • Daily Edition

    Thursday, November 8, 2018 – edition no. 3166

DAILY EDITION

Tuesday, October 13, 2026 – edition no. 5053
Tuesday, October 13, 2026 – edition no. 5053

Greater Bay

MDT MACAU GRAND PRIX SPECIAL

October 2026
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
« Sep    

Timeline

  • Tuesday, October 13, 2026

    Gov’t to channel 80% of 2025 budget surplus into Pension Fund

  • Tuesday, October 13, 2026

    Abuse cases prompt calls for stronger reporting and staff checks

  • Tuesday, October 13, 2026

    FIBA 3×3 World Tour and GBA finals return to the Ruins of St. Paul’s

  • Tuesday, October 13, 2026

    Deals signed to strengthen recruitment and retention

  • Tuesday, October 13, 2026

    Global Payments finds 98% of consumers in China open to shopping agents

  • Tuesday, October 13, 2026

    Transport, education and healthcare top society’s concerns

  • Tuesday, October 13, 2026

    2026 GTEF to take place over the weekend

  • Tuesday, October 13, 2026

    SMG continues to warn about poor air quality

  • Tuesday, October 13, 2026

    IAM bans poultry imports from Canada over avian flu outbreak

  • Tuesday, October 13, 2026

    MGM’s restaurants among La Liste’s Top 1,000

Extra Times

Extra TimesTaste of Edesia

Hawker Hawker welcomes St. Regis Chengdu’s executive Chinese chef Mike Li for an exclusive ‘Savor ...

This autumn, Hawker Hawker at W Macau invites discerning diners on a culinary journey to China’s spice-loving heartland with a limited-time guest-chef collaboration featuring Executive Chinese Chef Mike Li of ...
  • ‘Digger,’ a Dr. Strangelove for the climate change era

    By MDT/AP
    Friday, October 9, 2026
  • The Time Ritual : Your Time, Your Way

    By -
    Friday, October 9, 2026
  • A culinary dialogue: Chef Homan Tsui and Chef Chang Longshan reunite in MGM Macau

    By Irene Sam, MDT
    Friday, September 25, 2026
  • In ‘Primetime,’ a sinister shift in media, with a dazzling Robert Pattinson

    By MDT/AP
    Friday, September 25, 2026
  • Recent

  • Popular

  • Gov’t to channel 80% of 2025 budget surplus into Pension Fund

    By Yuki Lei, MDT
    Tuesday, October 13, 2026
  • Abuse cases prompt calls for stronger reporting and staff checks

    By Yuki Lei, MDT
    Tuesday, October 13, 2026
  • FIBA 3×3 World Tour and GBA finals return to the Ruins of St. Paul’s

    By Ricaela Diputado, MDT
    Tuesday, October 13, 2026
  • Deals signed to strengthen recruitment and retention

    By Nadia Shaw, MDT
    Tuesday, October 13, 2026
  • Global Payments finds 98% of consumers in China open to shopping agents

    By Renato Marques, MDT
    Tuesday, October 13, 2026
  • Transport, education and healthcare top society’s concerns

    By Yuki Lei, MDT
    Tuesday, October 13, 2026
  • 2026 GTEF to take place over the weekend

    By -
    Tuesday, October 13, 2026
  • Canidrome may have its days numbered, decision in ‘one or two months’

    By Paulo Coutinho, MDT
    Thursday, May 26, 2016
  • Animal Welfare | Macau: Anima slams Canidrome management for avoiding debate

    By -
    Wednesday, May 4, 2016
  • Editorial | Canidoomed

    By Paulo Coutinho, MDT
    Wednesday, June 1, 2016
  • Animal Welfare | Canidrome presented with ultimatum: close or move

    By Daniel Beitler, MDT
    Friday, July 22, 2016
  • Australia regulator cracks down on alleged exportation of dogs to Macau

    By Paulo Coutinho, MDT
    Friday, June 10, 2016
  • USE OF ENGLISH IN MACAU | A ‘de facto’ official language

    By Catarina Pinto
    Monday, July 6, 2015
  • Animal rights | Canidrome: Anima in fresh airline negotiations as Canidrome closure looks more likely

    By Daniel Beitler, MDT
    Friday, May 27, 2016
  • Contact our Administrator
  • Contact our Editor-in-Chief
  • Contacts
  • Our Team
  • Privacy Policy
  • Terms and Conditions
  • Editorial Statute
  • Code of Ethics
COPYRIGHT © MACAU DAILY TIMES 2008-2026. ALL RIGHTS RESERVED
MACAU DAILY TIMES
  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia
Loading Comments...

You must be logged in to post a comment.

%d