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
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
  • Multiple flights in Europe diverted because of bomb threats after earlier hoaxes

  • Delivery riders consider return to petrol bikes over EV reliability concerns

  • Woman in critical condition after bus hits wheelchair user

  • Bus operators renewed for six years with LRT transfer requirements

  • LVS chief Dumont and wife take controlling 69% stake in Mavericks

  • DSAL reports 3,897 workplace accident victims, four deaths

Opinion
Home›Opinion›Rear Window | Undermining itself

Rear Window | Undermining itself

By Severo Portela
Monday, September 25, 2017
102
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 | Slow cooking recipes

    Monday, October 12, 2015
    By Severo Portela
  • Opinion

    Rear Window | They are all birds of a feather

    Monday, April 9, 2018
    By Severo Portela
  • Opinion

    Rear Window : There is always room for one more

    Monday, February 23, 2015
    By Severo Portela
  • Opinion

    Rear Window | Pandora’s Box

    Monday, July 18, 2016
    By -
  • Opinion

    Rear Window | Idle cash

    Monday, April 13, 2015
    By Severo Portela
  • Opinion

    Rear Window: Sailing safe

    Monday, July 14, 2014
    By Severo Portela

Leave a reply Cancel reply

You must be logged in to post a comment.

  • Sports

    F1 needs to take control of the Red Bull drama as Horner accuser files FIA complaint

  • China

    Ecosystem for unicorns can unleash their potential

  • HeadlinesMacau

    MGTO closes Lisbon office to save money

DAILY EDITION

Thursday, November 5, 2026 – edition no. 5068
Thursday, November 5, 2026 – edition no. 5068

Greater Bay

MDT MACAU GRAND PRIX SPECIAL

November 2026
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30  
« Oct    

Timeline

  • Thursday, November 5, 2026

    Multiple flights in Europe diverted because of bomb threats after earlier hoaxes

  • Thursday, November 5, 2026

    Delivery riders consider return to petrol bikes over EV reliability concerns

  • Thursday, November 5, 2026

    Woman in critical condition after bus hits wheelchair user

  • Thursday, November 5, 2026

    Bus operators renewed for six years with LRT transfer requirements

  • Thursday, November 5, 2026

    LVS chief Dumont and wife take controlling 69% stake in Mavericks

  • Thursday, November 5, 2026

    DSAL reports 3,897 workplace accident victims, four deaths

  • Thursday, November 5, 2026

    Democrats win House and Senate as voters rebuke Trump and Republicans

  • Thursday, November 5, 2026

    Two passport stories, one question of belonging

  • Thursday, November 5, 2026

    Four universities improve in QS Asia rankings

  • Thursday, November 5, 2026

    IAS increases number of family mediators to 57

Extra Times

Extra TimesHeadlinesTaste of Edesia

A Symphony of Heritage: Reviving the Imperial Feast at Chai Jia Chai

In the heart of modern dining, where fusion often threatens to overshadow tradition, an evening at Chai Jia Chai stands as a resolute testament to the enduring majesty of Chinese ...
  • Nickelback is in familiar form on cameo-heavy album

    By MDT/AP
    Friday, October 30, 2026
  • TUMI Debuts “Gifts for the Journey” Holiday Edit

    By -
    Friday, October 30, 2026
  • Toast to the Tropics: The Macallan “Coconut Dreams” Dinner

    By -
    Friday, October 23, 2026
  • ‘Clayface’ arrives as a pretty good R-rated revenge thriller-horror romance

    By MDT/AP
    Friday, October 23, 2026
  • Recent

  • Popular

  • Multiple flights in Europe diverted because of bomb threats after earlier hoaxes

    By MDT/AP
    Thursday, November 5, 2026
  • Delivery riders consider return to petrol bikes over EV reliability concerns

    By Renato Marques, MDT
    Thursday, November 5, 2026
  • Woman in critical condition after bus hits wheelchair user

    By -
    Thursday, November 5, 2026
  • Bus operators renewed for six years with LRT transfer requirements

    By Yuki Lei, MDT
    Thursday, November 5, 2026
  • LVS chief Dumont and wife take controlling 69% stake in Mavericks

    By Nadia Shaw, MDT
    Thursday, November 5, 2026
  • DSAL reports 3,897 workplace accident victims, four deaths

    By Lynzy Valles, MDT
    Thursday, November 5, 2026
  • Democrats win House and Senate as voters rebuke Trump and Republicans

    By MDT/AP
    Thursday, November 5, 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
  • Animal rights | Canidrome: Anima in fresh airline negotiations as Canidrome closure looks more likely

    By Daniel Beitler, MDT
    Friday, May 27, 2016
  • USE OF ENGLISH IN MACAU | A ‘de facto’ official language

    By Catarina Pinto
    Monday, July 6, 2015
  • 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