The Court of Final Appeal said in a statement yesterday that it turned down an appeal by the Macau Democracy Development Union against the Public Security Police’s (PSP) recent decision to disallow a vigil planned by the union in remembrance of the June 4 incident in Beijing in 1989.
Macau’s top court said in its ruling that the organisers’ choice of political slogans used during vigils held by the union in previous years had violated the nation’s Constitution and the Macau Basic Law by urging the public to overthrow the existing political system and using inflammatory language. The court pointed out that something that is inherently illegal doesn’t become legal by the mere fact that it has repeatedly taken place in previous years.
The government said in a follow-up statement that it “respects and backs” the court’s ruling.
The statement pointed out that the Public Security Police disallowed the vigil planned by the activist group for today because it would have contravened the national Constitution and the Macau Basic Law, as well as the Macau Penal Code.
The government urged members of the public to “recognise that such an activity [vigil] is illegal and endangers national security,” adding that “in order to safeguard the constitutional order as stipulated in the Constitution and the Basic Law, and for the sake of ensuring social harmony and stability in Macau, the public should refuse to take part in any such illegal assembly, protest or demonstration.”
The statement, which was released by the Macau Government Information Bureau (GCS), also said that “the police will strictly abide by the principle of legality and, as always, fully respect and safeguard the fundamental rights enjoyed by Macau residents regarding assembly and demonstration,” adding that “the police nonetheless will proceed in accordance with the law regarding any illegal acts.”
Last year’s vigil was disallowed by the police on public health grounds, considering the COVID-19 pandemic. This time, the police decided not to allow the vigil on both public health and penal law grounds.
The union, which includes veteran non-establishment lawmakers Ng Kuok Cheong and Au Kam San, had held the vigil every year between 1989 and 2019.
The Portuguese-language channel of public broadcaster TDM last night quoted Ng as saying that following the court ruling the vigil would be held online.
Au has told the media that he intends to retire from the legislature. Ng reportedly plans to run as the number-two candidate on a candidacy list of likeminded activists. The Legislative Assembly's direct and indirect elections will be held on September 12. The legislature comprises 14 deputies directly elected by universal suffrage, 12 indirectly elected by association representatives and seven appointed by the chief executive.
According to Macau’s proportional representation system it is quite hurdle to overcome for a candidacy list’s number-two candidate to win one of the 14 directly-elected seats. That’s why Ng and Au ran on separate lists four years ago even though they have been fellow travellers for decades.
Ng’s number-two position on the list could, however, help its number-one candidate to get elected. Who the number-one candidate on that list will be remains to be seen, observers say.
This 2009 file photo shows the Court of Second Appeal (TSI) and Court of Final Appeal (TUI) buildings in Nam Van. Courtesy of Cdip150/Wikimedia Commons
