Commentary by Manuel Silvério
Independent Analyst on Public Policy and Regional Development
(Former public-sector official with international experience and a long-standing involvement in public policy and sports development)
In my previous two articles on the proposed reform of Macau’s Legal Regime for Associations, I looked at two closely connected issues. The first was Macau’s associative landscape, which has grown from fewer than 2,000 associations in the past few decades to more than 12,000. The second concerned the longstanding links many local associations maintain with organisations in the Chinese mainland, Hong Kong and overseas.
There is now a third issue to consider, perhaps the most sensitive of the three: security.
Macau is a Special Administrative Region (SAR) of the People’s Republic of China (PRC). Its stability, development and future are necessarily linked to the country’s constitutional framework and to the safeguarding of the State’s fundamental interests.
The world, meanwhile, has changed. International relations have become more complex, geopolitical competition has intensified and new forms of external interference have emerged. National security has consequently become an increasingly important concern for countries around the world.
Macau cannot stand apart from that reality.
State security and associations
An important part of the proposed reform should be understood in this context.
Edmund Ho Hau Wah, Macau’s first Chief Executive and currently Vice-Chairman of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), has also publicly highlighted this dimension. He said that the revision of the Legal Regime for Associations is intended to safeguard the security of the State and the Macau SAR, optimise the allocation of resources and promote the healthy and sustainable development of associations.
These three elements – security, the responsible use of resources and the sustainable development of the associative sector – show that the reform goes beyond a simple adjustment of administrative procedures.
The consultation proposal provides for the involvement of the Committee for Safeguarding National Security in certain circumstances relating to the establishment or dissolution of associations. Mechanisms are also envisaged for existing associations where situations may arise that could endanger State security.
I believe this is understandable.
Freedom of association is a right recognised by law in Macau* but, like any right, it is exercised within the legal order in force. The same principle applies to associations’ external relations.
There is therefore no reason to place the safeguarding of State security and legitimate external relations on opposing sides.
Security is a principle that must be upheld. Within that framework, openness, cooperation and legitimate international relations can continue to develop.
The world changes, and Macau must change with it.
Macau has a distinctive history. For centuries, it has been a meeting place for different cultures and communities. That openness remains one of Macau’s defining characteristics and one of its strengths.
But openness does not mean an absence of rules.
The constitutional and political position of the Macao SAR is clear today. Different historical periods had their own circumstances, which should not simply be carried over into the present.
There is an old saying that captures the point rather well:
“When in Rome, do as the Romans do.”
An association in Macau that belongs to an international organisation must naturally respect that organisation’s rules. But it must first and foremost comply with Macau’s laws and accept the responsibilities arising from its existence and activities in the SAR.
There is no contradiction between the two.
Whether in sport, scouting, the media, social welfare, youth affairs, or professional and business associations, participation in international networks inevitably involves different sets of rules and responsibilities. What matters is that the boundaries are clear and that everyone knows how to comply with them.
Security and proportionality
State security must be safeguarded firmly. But the application of the rules should also distinguish between different circumstances.
An association that has openly and regularly participated in the activities of an international organisation for decades and fulfilled its obligations cannot simply be placed in the same category as an organisation used for unlawful purposes.
Distinguishing between differnt levels of risk can, in fact, make supervision more effective. The clearer the rules are, the easier it becomes for associations acting in good faith to comply with them, while allowing the authorities to focus their attention where genuine risks exist.
Security and proportionality are not incompatible. On the contrary, they can reinforce one another.
Protecting volunteers too
Behind many of Macau’s associations are office-holders and volunteers who have devoted years of their lives to serving the community.
They are not necessarily specialists in law, security, accounting or international relations. A reform that makes their responsibilities clearer can therefore also help protect them.
Knowing what must be reported, which external relations require particular procedures, what documents need to be retained and where guidance can be obtained reduces the risk of mistakes arising simply from a lack of knowledge.
That, too, is good governance.
The purpose should not simply be to create obligations. People who genuinely want to comply with the rules should also be able to understand clearly what is required of them and how to do it.
Preparing Macau for the future
Perhaps this is where the discussion begins to extend beyond the reform of the associations regime itself.
Active associations, clear rules, responsible office-holders, prudent use of public resources, external relations conducted within the law and appropriate mechanisms for safeguarding State security all contribute to a more organised and institutionally stronger society.
This takes on particular significance at a time when Macau is defining its economic and social development priorities for the 2026–2030 period.
Strong institutions are not only there to address the problems of today. They also prepare society for what lies ahead.
The year 2049 is sometimes spoken of as though it were a distant line on the calendar. I do not believe there is any need now to anticipate legal or political interpretations of what the circumstances may be then. There is something far more practical that can be done today: establish good practices.
The stronger Macau’s institutions, the clearer its rules and the greater the trust between the Administration and society, the better prepared the SAR will be for whatever stages of development lie ahead.
The best preparation for the future begins in the present.
Reforming to strengthen trust
That has been the thread running through these three articles.
Reforming the Legal Regime for Associations seems necessary in light of a reality that has changed profoundly. But reform should not simply mean more supervision. It should also mean understanding the sector better, distinguishing between different situations, providing guidance, protecting those who act in good faith and ensuring that public resources are used responsibly.
It also means recognising that Macau remains connected both to the country and to the wider world, while that openness operates within the SAR’s constitutional and legal framework and with the safeguarding of State security as a fundamental principle.
A society can be both open and secure. It can maintain international links while requiring transparency. It can protect freedom of association while demanding responsibility. It can strengthen supervision while also protecting the many volunteers who give life to Macau’s associations.
Perhaps the real value of a good reform lies precisely in turning principles into good everyday practices and, through them, strengthening public confidence in the way institutions operate.
Strong institutions, responsibility, security and trust also provide a foundation for continuing to consolidate “One Country, Two Systems” in practice in Macau.
Macau’s future cannot be prepared only when the future arrives.
It begins today.
(End)
*Article 27 of the Basic Law of the Macao Special Administrative Region (MSAR) of the PRC states that “Macao residents shall have freedom of speech, of the press and publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike”. – MPD
