Macau (MNA) – Courts do not have the power to reverse or rule on the suspension or termination of a legislator’s mandate.
This is the conclusive argument that reads on a project resolution entitled the ‘Political nature of Plenary deliberations in the Legislative Assembly,’ accepted on Thursday by the president of the Legislative Assembly of the Macau SAR, Ho Iat Seng, to be discussed in a future plenary debate.
The call for the meeting was requested on an urgent basis of the AL president, who is also a lawyer, by legislators Vong Hin Fai and Kou Hoi In on January 10.
In the document verified by Macau News Agency (MNA), the legislators state that the recent suspension of the young legislator Sulu Sou Ka Hou on December 4, 2017 was a decision of a political nature and that, as such, it could not be reversed or suspended by an external body.
Invoking Article 81 of the Basic Law of the MSAR, Mr. Vong and Mr. Kou argue that plenary deliberations in the AL about the suspension or termination of a legislator’s mandate, being acts of a political nature, are therefore excluded from administrative, fiscal, and customs’ disputes, while claiming further that such deliberations cannot be equally subject to the injunction regime of the suspension of administrative acts.
Yesterday, Mr. Sou told media that he had filed an appeal with the Court of Second Instance to seek legal clarifications about the recent AL decision to temporarily suspend his legislative position.