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The prosecuted

Even without knowing the details of the process, on a general and abstract view, the decision of the Last Instance Court on the former Prosecutor Office case seems to be excessive. It was heard from some years – even before his indictment – that there were illegal practices in his office, which should have been […]

Even without knowing the details of the process, on a general and abstract view, the decision of the Last Instance Court on the former Prosecutor Office case seems to be excessive. It was heard from some years – even before his indictment – that there were illegal practices in his office, which should have been above all suspicion or distrust.
For more than a decade this person – yes, it is a person that we are talking about – has been an example for everyone and only after leaving the office he, suddenly, became a criminal, even worse, part of a rogues’ association.
Without any doubt, we can say today that Mr. Ho was somehow trapped by the trap he had constructed. The former prosecutor has spout his poison as he has tried hard to cut rights that are in the Basic Law in many situations, making the criminal process a feud of the Public Prosecutor and lessening rights to those that were and are suspects of practicing a crime. 
What makes more confusion is that in a Rule of Law system, there’s nothing he can do to challenge the decision in an appeal. It seems that law should have been amended long ago, as the high officials cannot see their rights (including the right to appeal) restricted. It is a basic right under the Basic Law.
What happens, shall make all of us think, even those who have investigated Mr. Ho’s practices or had a final view on them. The rights of the accused persons are stated in the Basic Law, in the Criminal Procedure Code and in various other pieces of legislation. Those basic rights must be protected by the people of Macau, as they are precious and make a difference when compared with other jurisdictions. Yes, together with the world heritage sites, Macau is different also on the rights it says it concedes to their citizens.
Last Friday was not a happy day for the judicial system as a whole. There are many areas that need to be reformed in order to have a fair and just due process to everyone. Hopefully, our governors will take this into consideration, as our second system must be strongly preserved.

OPINION

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