TUI rules against placement of referendum polls in the streets

Jason Chao holds the Court of Final Appeal’s ruling

Three pro-democratic groups attempting to hold a civil referendum have faced yet another setback, as the Court of Final Appeal decided against the placement of voting polling stations in Macau’s streets.
The Open Macau Society’s president and political activist Jason Chao said he was expecting such a decision, but made an assurance that they have a contingency plan in place, which will still allow the ballot on universal suffrage to take place. The groups plan to announce the referendum’s venue tomorrow.
The Open Macau Society had filed a request within the Civic and Municipal Affairs Bureau (IACM), seeking authorization to install polling stations in public spaces. IACM denied their requests, arguing that opinion poll stations do not meet the definition of an assembly included in the law.
The court has now rejected their appeal based on the same reasoning. Jason Chao remarked: “The judges clearly stated that citizens may do all the things they want as long as it’s not prohibited by law; the conclusion however says that the court doesn’t think that taking part in a civil referendum constitutes an assembly.”
The Court’s ruling says that holding a referendum falls under “praeter legem,” meaning it relates to a matter that is not clearly addressed in the law.
Judges recall, however, that citizens are allowed to do anything they want, if it is not prohibited by law.
The civil referendum is, therefore, seen as an activity that citizens might undertake, but which is not a right contemplated by the law.
“If a citizen has the right [to do something], the authority has the obligation to create conditions to ensure that such a right can be exercised,” it reads.
However, judges considered this not to be the case with regards to the civil referendum. As it is not a right included in the law, authorities aren’t obliged to provide citizens with conditions in which they may hold a civil referendum. However, if the activity fell under the concepts of a protest or assembly, the scenario would change since citizens have the right to protest and to hold assemblies in accordance with the law.
The ruling also states that judge Song Man Lei – who also currently serves as president of the Electoral Affairs Commission for the Chief Executive – intended to provide a decision similar to that which was made three weeks ago, when TUI refused to rule on the appeal filed by the Open Macau Society seeking to organize a series of assemblies promoting the ballot.
The court refused to rule on the case, saying that it had no grounds to decide since activities promoting the referendum were not considered a protest or a reunion.
IACM had previously refused to authorize such activities, saying that assemblies cannot be held in pursuit of principles that go against the law.
In TUI’s latest ruling, judge Song Man Lei had intended not to rule on the case once again, but the remaining judges Lai Kin Hong and Sam Keng Tan voted in favor of rejecting the Open Macau’s Society appeal.
Jason Chao said that “it is a setback for freedom of expression for the citizens of Macau and today is a setback for the protection of human rights.”
However, the three pro-democratic groups organizing a civil referendum on the development of democracy, including the possibility of universal suffrage to elect the Chief Executive, are not giving up.
Fearing another “non-decision” or refusal from the Court of Final Appeal, Jason Chao has already urged citizens to open up any private spaces they might own to be used as polling stations.
Yesterday, Jason Chao chose not to disclose further details on the pro-democratic groups’ contingency plan, but he made a guarantee that Plan B will be announced tomorrow. He declared that citizens will be able to vote on the referendum both online and in person, which indicates that they will also disclose details of a private venue tomorrow.
The Macau government has already deemed the referendum illegal, saying that it violates the Macau Basic Law and the constitution of the People’s Republic of China.
The Open Macau Society, Macau Youth Dynamics and Macau Conscience are jointly organizing a controversial unofficial referendum, urging Macau residents to provide opinions on universal suffrage.

Catarina Pinto & João Pedro Lau