The Macau SAR Government has issued a statement in which it resolutely supports the Electoral Affairs Commission for this year’s Legislative Assembly Election in refusing five candidate lists involving 20 people, from taking part in the upcoming election.
On July 9 the commission announced its decision to disqualify 21 legislators from six different lists running for direct elections for disloyalty to the Macau SAR and its Basic Law.
A final list was published yesterday (Tuesday) with a total of 20 candidates from six different lists declared as being ejected, including 15 members of the Macau Democratic Prosperity Association, the New Macau Progressives and the New Macau Progressive Association lists, which include prominent pro-democratic figures such as incumbent legislators António Ng Kuok Cheong and Sulu Sou Ka Hou, plus political activist Scott Chiang and former legislator Paul Chan Wai Chi.
Other disqualified candidates included Lo Chun Seng from Macau Victory and two candidates from the Gaming New Macao List, gaming staff unionist Cloee Chao Sao Fong and Lei Man Chao; and two candidates from the Macao Righteousness List, veteran labour rights activist Lee Sio Kuan and Kuok Nai Neng.
However, the Macao Righteousness list was still allowed to run for the elections since it still included at least four eligible members.
At least four lists have confirmed they would appeal the decision to the Court of Final Appeal.
“The Commission decision was due to factual evidence discovered that either the people had not upheld the Basic Law of the MSAR of the People’s Republic of China (PRC), or they had not met the requirement of pledging allegiance to the MSAR of the PRC,” the local government stated.
“Upholding the Basic Law of the MSAR of the PRC and pledging allegiance to the MSAR of the PRC are elementary standards for membership of the Legislative Assembly of the MSAR”.
Upon declaring its initial decision last week the EAC revealed the criteria used for its disqualification decisions, including statements and actions deemed to go against the leadership of the Communist Party of China (CPC) and the country’s constitution.
Although all candidates had to formally declare their support for the Macau Basic Law and their loyalty to the MSAR when they submitted their candidacies, the commission considered that it obtained facts and evidence that stated otherwise.
Such evidence was said to have been provided by the Public Security Police Force (CPSP) requested by the commission itself, with candidates only provided with a copy of the facts that led to their disqualification yesterday.
In statements to TDM TV, candidate Scott Chiang stated that evidence mentioned in the documents provided by the EAC as proof of not upholding the Macau Basic Law and justifying his disqualification included having participated in international conferences, visits to Hong Kong and Taiwan, and certain posts shared on social media.
Meanwhile, veteran legislator Ng Kuok Cheong, who has been an AL legislator for about 30 years revealed an example of some of the evidence provided by the Judiciary Police (PJ), a photo of him with Wu Chi-wai, the former chairman of the Hong Kong Democratic Party and former member of the Legislative Council, which was described in the evidence as member of an organisation promoting Hong Kong independence.
The EAC had previously stated that public comments, including posts on social media, or actions deemed to go against the Communist Party of China (CPC) could have led to the disqualification.
The decisions had their main basis an interpretation of article 6 of the Electoral Law, which states that candidates are not eligible if there are ‘proven facts’ that they do not defend the SAR Basic Law or do not loyal to the Macau Special Administrative Region of the People’s Republic of China.
However, an amendment to the PRC’s Constitution approved by the National People’s Congress on March 11, 2018 defining that “the leadership of the CPC is the essence of socialism with Chinese characteristics”, and therefore the defence of the CPC leadership is a “very important foundation” for deciding whether the candidates are eligible for candidacy in this year’s election was considered crucial to the new interpretation.
The recent verdict by the Court of Final Appeal, namely its decision to reject an appeal by the Macau Union of Democratic Development to hold a public Tiananmen incident vigil on June 4, was also referred by the EAC.
Following the initial announcement the President of the Macau Lawyers Association, Jorge Neto Valente, admitted to being shocked with the EACL’s decision and the arguments used to exclude the numerous candidates.
“It is a way to defeat the candidates that wish to submit themselves to the people’s suffrage. It is to defeat them in the secretariat [administrative procedure] and this is not freedom. The Basic Law is very clear, as is China’s Constitution when both state that, in Macau, there is freedom of expression,” Valente said.
“I am shocked because I know some of the disqualified [candidates]. I always follow what they say and some of them have been legislators and for decades have been contributing to Macau,
The Macau SAR government defended that the review of the candidate list regarding each team intending to take part in the Legislative Assembly Election, is a power – vested by the Electoral Law, with the Commission, in order to safeguard the overall development interest of the MSAR; ensure the constitutional order enshrined in the Constitution of the PRC and the Basic Law of the MSAR, and realise the implementation of the principle of “patriots governing Macau”.
“The fact some individuals did not qualify to stand for the Legislative Assembly Election would not hinder Macau residents from enjoying the fundamental rights as stipulated in the Basic Law; nor would it affect the enjoyment by Macao residents of freedom of speech; nor affect the enjoyment of Macau residents’ right to information, and the right to supervise the Government,” authorities added.
These efforts were in order to ensure the steady implementation of the “One country, two systems” principle with Macau characteristics, and maintenance of the long-term stability and prosperity of Macau.
The remaining 128 candidates from 14 lists running for the direct-elected seats were approved by the EAC to run for the legislature’s 14 directly-elected seats.
