Responsibility, National Security and External Links in the Reform of the Legal Regime for Associations
Commentary by Manuel Silvério
Independent analyst on public policy and regional development
(Former public-sector official with international experience and a longstanding involvement in public policy and sports development)
In my first article on the reform of the Legal Regime for Associations, I sought to explain why I believe this review is necessary and why the public consultation should be used as an opportunity to understand the practical implications of the proposed changes. I summed up my position in one sentence: not against reform, but in favour of good reform.
There is, however, one dimension that deserves separate consideration: the relations maintained by Macau associations with organisations in the Chinese mainland, Hong Kong and elsewhere, including their regional and international affiliations.
This is an area I know mainly through sport and youth affairs. I do not intend to venture into legal interpretations of matters requiring specialist knowledge that I do not claim to possess. I would rather look at concrete situations and consider how some of the new rules might work in practice.
One of the proposals in the consultation document deserves particular attention. Associations will be required to notify the Identification Services Bureau (DSI), within the legally prescribed period, when they join or leave organisations or groups established outside Macau, as well as when they receive funding from entities outside the Macao Special Administrative Region (MSAR). Failure to provide such notification may result in administrative penalties.
The need for transparency is understandable. What matters now is to understand how these obligations will interact with a reality that has long been part of Macau’s associative life.
A reality already envisaged by the Basic Law
The external relations of associations are not merely a matter of established practice. They are expressly contemplated by the Basic Law itself.
Article 133 provides a framework for relations between associations in Macau and their counterparts in other regions of the country. Article 134, in turn, provides that associations in fields as diverse as education, science, technology, culture, the press, publishing, sport, recreation, the professions, medicine and health, labour, women, youth and social welfare, as well as religious organisations, may maintain and develop relations with their counterparts in other countries and regions and with relevant international organisations.
This is not a minor detail. It shows that this external dimension is envisaged within the very framework of the MSAR.
One only has to look around Macau to appreciate the diversity of these relationships.
The Macau Portuguese and English Press Association (AIPIM) is linked to the International Federation of Journalists (IFJ). JCI Macao, China is part of Junior Chamber International (JCI). The Scout Association of Macau is a member of the World Organization of the Scout Movement (WOSM).
The Macau Red Cross, within its own particular institutional framework, maintains cooperative relations within the International Red Cross and Red Crescent Movement.
The Holy House of Mercy of Macau, in turn, is part of the international network of Misericórdias* and maintains close ties with the Portuguese Union of Misericórdias (UMP), taking part in its congresses and developing cooperation and solidarity initiatives with Portuguese Misericórdias.
Sport provides further examples. The Macau Universitarian Sports Association (ADUM) is affiliated with the International University Sports Federation (FISU).
There is no need to compile an exhaustive list. These examples simply show that external relations can take many different forms: membership, congresses, training, exchanges, development programmes, institutional cooperation or joint projects.
Going international also means following rules
Being part of a regional or international organisation does not bring opportunities alone. It also means following rules, providing information and assuming responsibilities.
We have a recent example in Macau football.
The difficulties surrounding the licensing of local clubs for participation in Asian Football Confederation (AFC) competitions have shown that access to international football does not depend solely on results on the pitch.
The AFC licensing system covers sporting, administrative, legal, financial, personnel and infrastructure criteria. Its requirements include audited annual financial statements, interim financial information where applicable, financial and cash-flow projections, structured youth development programmes, and a range of technical and organisational conditions.
I have written separately about the licensing problems faced by Macau clubs and do not intend to reopen here the discussion over responsibilities.
The conclusion I draw is much simpler: internationalisation brings rights and opportunities, but it also requires the capacity to comply with rules, be accountable and meet the standards of the organisations to which one belongs.
It is precisely here that I see an interesting possibility arising from the proposed reform.
The proposal places the DSI at the centre of the new regime and provides that it may seek cooperation and opinions from other public services and entities, as well as issue guidance or recommendations concerning associations.
Without replacing the responsibilities of the associations themselves, this centralised role could perhaps also be used to guide and direct association leaders when they face more complex legal, administrative or documentary requirements.
The AFC example is instructive. Auditing, finance, training, youth development, facilities and technical requirements do not all fall within the remit of a single public service. Better administrative coordination could help associations understand where they should turn for assistance and prevent certain problems from being discovered only when it is too late.
Better supervision, but also better guidance.
Protecting those who serve in good faith
There is also a human dimension that should not be forgotten.
Many associations in Macau depend on the voluntary work of their officers and members. Not all of them have legal, accounting or administrative training and, simply through lack of knowledge, they may make formal mistakes or fail to comply with a particular obligation without any intention of breaking the law.
Clearer rules, mechanisms allowing shortcomings to be remedied and better guidance from the relevant public services could help correct minor errors before they become larger problems.
A well-implemented reform could therefore also help protect the many volunteers who devote their time and effort to keeping associations running.
Good reform should not only improve supervision; it should also make it easier for those acting in good faith to comply with the law.
Not everyone presents the same risk
The consultation document explains that the information currently available on the governing bodies of associations, their links with organisations established outside Macau and funding received from abroad is insufficient in light of requirements concerning the prevention of money laundering and terrorist financing.
It is in this context that the document refers to the Financial Action Task Force (FATF)**.
The consultation document itself explains that international recommendations call for the identification of categories of non-profit organisations which, because of their activities, sources of funding or other factors, present significant risks, and recommend risk-based supervisory measures.
The principle seems important: not necessarily treating every association in the same way, but identifying where the actual risks lie.
In simple terms: apply closer supervision where there is risk, without assuming that every association or every external relationship presents the same level of risk.
Where funding is received from outside Macau, the proposal also provides that the DSI may, following an assessment, request activity reports, accounts and other information.
Transparency is reasonable. It will be equally important for association leaders to know clearly what they must report, within what period and under what circumstances.
Active, dormant and representative
There is another distinction that deserves attention.
According to the consultation document, almost 40 per cent of Macau’s associations have not operated for a considerable period, with many existing only nominally.
Over the past decades, numerous sporting, recreational, cultural, social and other clubs and associations have been established in Macau. Many remain active and continue to perform useful functions. Others will gradually have ceased operating.
An association that organises activities, holds meetings of its members, complies with its statutes and serves the community is clearly not in the same position as one that has existed for years only on the register.
This distinction becomes even more relevant when the existence and activities of associations may have implications not only for access to public funding but also for certain mechanisms of social and political representation.
It would not be fair, without knowing the circumstances of each case, to suggest that inactive associations were established or maintained for electoral purposes. But it seems reasonable that, whenever an association plays a role in representative mechanisms, its registered status and actual activities should correspond as closely as possible to reality.
A more accurate and up-to-date picture of Macau’s associative sector could therefore contribute to a fairer use of public resources and strengthen the credibility of representative mechanisms themselves.
National security as a principle
Finally, there is one issue that should be stated clearly.
Safeguarding national security is a fundamental responsibility of the MSAR and an essential principle governing the external relations of associations.
The proposal provides that, in certain circumstances, the DSI may seek an assessment from the Commission for Safeguarding National Security during the process of establishing an association. For existing associations, it also provides for circumstances in which an association may be dissolved, including where, following an opinion from the Commission, it is considered to pose a threat to State security.
It seems right to me that any external relationship must fully comply with the legal order in force in the MSAR and must not jeopardise national security, public order or the rights and freedoms of others.
The openness recognised by the Basic Law must be understood within the current constitutional and political framework of the MSAR. Historical and political circumstances from other periods belonged to different contexts and should not automatically be transposed to present-day realities.
There is an old saying that perhaps captures the idea well: “When in Rome, do as the Romans do.”
An association belonging to an international organisation must naturally comply with that organisation’s rules, but it must first and foremost respect the laws and responsibilities arising from its existence and activities in Macau.
For this reason, I see no need to place national security and legitimate external relations on opposing sides. National security is a principle that must be safeguarded. Within that framework, transparency, responsibility and legitimate external relations can coexist.
There is also a longer-term dimension worth considering. Genuinely active associations, clear rules, better governance, responsible use of public resources, association leaders who understand their obligations, and external relations conducted lawfully are all good practices that strengthen confidence in the functioning of the MSAR.
They are also a way of preparing Macau for the future, including the stages that will follow 2049, without any need here to anticipate a legal interpretation of what that future framework may be.
The best preparation for the future is, ultimately, to build sound institutions and good practices in the present.
Safeguarding national security and ensuring legitimate external relations are not incompatible objectives, provided there are clear rules, responsibility and proportionality.
Perhaps the real value of good reform lies precisely in its ability to turn these principles into everyday practice.
Macao SAR, August 17, 2026
* “Misericordia” is the Portuguese word for “mercy”. The International Confederation of Charities/Misericórdias, founded in 1979, unites Santa Casa da Misericórdia (Holy House of Mercy) institutions across Portugal, elsewhere in Europe, Brazil, Africa, and Asia (incl. Macau’s Santa Casa da Misericórdia, set up in 1569, being the oldest Western charity organisation in the Far East). – MPD
** The Paris-based Financial Action Task Force (FATF) is the global intergovernmental watchdog for money laundering, terrorist financing, and the financing of proliferation of weapons of mass destruction. – Gemini
N.B. The two footnotes have been added by the Post.
