Varied concerns on Electoral Laws Amendments
Concerns about two electoral law amendments varied among lawmakers, though most expressed strong support.
Over the weekend, the executive branch held two consultation sessions on the law review. One was for lawmakers and one for the public, which was also the first of only two public consultation sessions.
Not only will it affect the number of candidates from which the public will be allowed to choose, but it will also affect candidates’ eligibility to run in a future election as well as their use of social media.
For example, besides the proposal to criminalize the lobbying of not voting, blank or invalid votes, the government has also proposed to extend the campaigning black-out period, and this may lead to the obligation to hiding or deleting existing social media posts that might be construed as having a campaigning nature.
This was also one of the points for discussion at the lawmakers’ consultation session, according to local media All About Macau.
In this respect, the women’s federation’s Wong Kit Cheng suggested the government clarify the legal requirements.
She said some candidates closely linked with community associations may be affected during election periods as their faces are frequently seen in public. She also feared that, as certain demands extend beyond election periods, candidates might need to avoid discussing such demands.
Wong’s election partner and school teacher Stanley Ma said the government’s proposal to move the black-out period to the date when nomination forms are submitted might lead to prospective candidates delaying their nomination form submissions.
Directly elected Ron Lam expects this proposal will be also affect the public. It will be difficult for the public to look back on prospective candidates’ backgrounds and work histories, he said.
Directly elected Pereira Coutinho criticized the government for discouraging the younger generation from running in elections.
In the last election, “certain candidates failed to hide their Facebook accounts before the commencement of the campaigning cool-down period, and eventually got listed as suspects,” he said.
André Cheong, secretary for Administration and Justice, replied that the current laws have stipulations on campaigning and black-out periods, adding that future electoral affairs commissions will release guidelines on the definitions of campaigning activities.
He said the attempt to last-minute submission of nominations was within the government’s expectation, which will “foster fairness and is the intention of the government.”
Leong Weng In, director of the Legal Affairs Bureau (DSAJ), cited the current law to support her comment that the daily operations of community associations would not constitute campaign activities.
The government has also proposed that The Committee for Safeguarding National Security should examine whether a candidate is “aptly patriotic” to run in an election.
The committee’s decision is final, and no judicial review can be sought.
The government has also proposed that, after being disqualified, candidates will face a prohibition period during which they will not be accepted as election candidates.
Lam hoped that the prohibition period can be as short as possible, “because it will encourage people to fit themselves in the standards.” He has also called for the restoration of an appeal mechanism for disqualified candidates.
Cheong, in response, remained firm on a longer prohibition period saying it will become “meaningless” otherwise.
Vu Ka Vai, advisor to Cheong’s Office, affirmed the committee’s authority, professionality and rigor to support the absence of rights to appeal.
At the public consultation session, 15 participants spoke, all in support of the amendments. Some voiced concerns over expressing preference by emojis, while some were concerned over the mini-survey function on social media platforms.
