Macao unveils national security draft bill

Updated: 2008-10-23 07:31

By Teddy Ng(HK Edition)

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 Macao unveils national security draft bill

Macao Chief Executive Edmund Ho releases a consultation paper on plans to enact national security laws based on Article 23 of the Macao SAR Basic Law yesterday. China Daily

Macao unveiled yesterday for public consultation a national security bill based on Article 23 of the Basic Law that would outlaw seven behaviors that could undermine the sovereignty, territorial integrity, unity and national security of the country.

Macao Chief Executive Edmund Ho, releasing the proposed bill, stressed that it will not erode basic rights and freedoms enshrined in the Basic Law.

"The law will only judge those who have committed really serious crimes," he said at a press conference. "Chanting slogans or writing one or two articles criticizing the central government or the SAR government will not, I believe, fall within the scope of the law."

Ho assured the Macao public that the proposed law would not compromise freedom of speech, of the press or of publication, adding that the city's law enforcement agencies will not abuse their power.

Ho stressed that it is the city's constitutional duty to legislate Article 23.

The bill proposes a prison term of 15 to 25 years for any act of treason, secession, sedition, and subversion against the central government, or theft of state secrets. It also prohibits foreign political organizations from conducting political activities in the Macao SAR, and local political organizations from establishing ties with foreign political organizations.

Other penalties, such as deprivation of political rights, will be imposed based on the seriousness of the offences.

Macao Secretary for Administration and Justice Florinda Chan said that the law will not be referred to in judicial trials for offences not related to national security.

She said Macao, which adopts the continental law system, has studied the examples of other jurisdictions, but they have not referred to Hong Kong where the common law system is adopted.

Macao unveils national security draft bill

The consultation will end next month, and Ho said he expected the bill to be passed by the Legislative Assembly by the end of next year before he leaves office.

Macao residents said that they are more concerned about livelihood than political issues.

"I will support the bill if it will benefit the nation and the city. I seldom read about political topics because it is not my interest," a resident said.

Macao legislator Antonio Ng Kwok-cheong urged the government to clarify certain issues concerning the bill, such as what constitutes preparatory behaviors.

University of Macao law professor Lok Kin-wai said the bill has clearly identified what constitutes a national security threat.

"It has clearly specified which behavior will endanger national security," he said.

Macao Lawyers Association president Jorge Neto Valente said Macao citizens will be able to understand more about the principle of Article 23 during the legislative process.

University of Hong Kong law professor Albert Chen, also a Hong Kong Basic Law Committee member, said it is difficult to compare Macao's bill to the one proposed in Hong Kong in 2003 because the two SARs adopt different law systems.

(HK Edition 10/23/2008 page1)