Macau national security law

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Safeguarding National Security Law
Emblem of the Macao Special Administrative Region of the People's Republic of China
Legislative Assembly of Macau
CitationLaw 2 of 2009
Passed byLegislative Assembly of Macau
Passed25 February 2009
Signed byEdmund Ho Hau-wah
Signed26 February 2009
Commenced2 March 2009
Effective3 March 2009
Legislative history
Introduced19 February 2008
Committee reportSecond Permanent Committee report
Amends
Criminal Procedure Code
Status: Amended
Macau national security law
Chinese name
Traditional Chinese維護國家安全法
Simplified Chinese维护国家安全法
Literal meaningSafeguarding National Security Law
Portuguese name
PortugueseLei relativa à defesa da segurança do Estado
Demonstration against the Article 23 law in Macau

The Macau national security law (Chinese: 維護國家安全法, lit. 'Safeguarding National Security Law'; Portuguese: Lei relativa à defesa da segurança do Estado, lit. 'Law related to Defense of Security of State') is a law in Macau which prohibits and punishes acts of "treason, secession, and subversion" against the Central government, as well as "preparatory acts" leading to any of the three acts. Taken into effect on 3 March 2009, the purpose of the law is to fulfil Article 23 of the Macau Basic Law, the de facto constitution of the Macau Special Administration Region.[1][2][3] Macau National Security Law has been in force for eleven years. Pro-Beijing[4] state-owned Hong Kong Newspaper Wen Wei Po claimed that Macau's National Security Law "has not been used".[5][better source needed]

History[edit]

According to the Secretary for Administration and Justice Florinda da Rosa Silva Chan, drafting began in 2004, taking into account examples from Portugal and Italy.[6] Until 1999, Macau was a colony of Portugal. The draft was released on 22 October 2008. It proposed to ban treason, attempts to overthrow the Chinese government and theft of national secrets. Some of the proposed offenses carry a maximum penalty of 25 years in jail.[7]

The law came into force in 2009. This caused some disquiet and concern among pro-democrats, who fear that this new law could limit Macao citizens' freedom of expression and protest, and that it is intended to serve as an example for its rebellious counterpart, Hong Kong.[8]

Response to drafting of the law[edit]

Edmund Ho, Chief Executive of Macau, said in a press conference that the bill targets "serious criminal behavior" and will not limit protests or criticism of Beijing. He further said "Chanting a few slogans, writing a few articles criticizing the central government or the Macau government, these activities won't be regulated by this proposed law."[7] Macau Legislator Au Kam-san said "We don't want to see any mainland style national security law. It would be acceptable to enact a law based on the Johannesburg Principles.[9]

Political commentator Larry So Man-yum said the legislation would do well in Macau given residents' patriotism and their lack of awareness about civil rights. "There will be absolutely no problem. Compared to Hongkongers, Macau people have high levels of acceptance for the central government. No "Broomhead" will emerge in Macau."[9] In 2003, Secretary for Security Regina Ip was nicknamed "Broomhead" for attempting to sell Article 23 in Hong Kong.[9] The Hong Kong government on 22 October responded with having no plan to embark on the legislation, adding its most pressing commitments are economic and livelihood issues.[10]

Hong Kong protests[edit]

During the 2019–2020 Hong Kong protests, Macau stayed largely silent,[11] as was predicted.[9] This meant that no modification to Macau's NSL was made at the moment, making it, in the view of the Central Government, "a posterchild of the one country, two systems" policy,[12] and "an example for Taiwan".[13] This was due not only to a really strong economic performance, but, also, to the better willingness of the Portuguese colonial administration to allow Chinese integration earlier on, such as during the cultural revolution.[13]

2023 update[edit]

National Security legislation was updated on 18 May 2023, when the Legislature unanimously[14] passed amendments aimed at "further protecting National Security in the complicated environment faced by China",[15] including expanding the definition of secession to include acts of non-violence, and redefining the crime of "theft of official secrets" as "violation of official secrets".[16][17]

See also[edit]

References[edit]

  1. ^ "National Security Law Promulgated in Macao". People's Daily. 2 March 2009. Retrieved 3 March 2009.
  2. ^ England, Vaudine (3 March 2009). "Macau Law a 'Bad Example' for HK". BBC News. Retrieved 3 March 2009.
  3. ^ "Basic Law of the Macao Special Administrative Region of the People' s Republic of China [Unofficial translation]". Archived from the original on 5 February 2012 – via Government Printing Bureau.
  4. ^ Wang, Bess; Wong, Tin Chi (2018). "The Landscape of Newspapers in Hong Kong". In Huang, Yu; Song, Yunya (eds.). The Evolving Landscape of Media and Communication in Hong Kong. Hong Kong: City University of Hong Kong Press. pp. 13–30. ISBN 9789629373511.
  5. ^ "Macao National Security Law".
  6. ^ "Macau Announces New Security Law". South China Morning Post. Archived from the original on 20 May 2011. Retrieved 22 October 2008.
  7. ^ a b "Macau Unveils Proposed National Security Bill". The Standard. Archived from the original on 22 May 2011. Retrieved 22 October 2008.
  8. ^ "Macau Special Administrative Region National Security Law (Chinese and English Text) | Congressional-Executive Commission on China". www.cecc.gov. Retrieved 3 December 2023.
  9. ^ a b c d Fox Yi Hu (21 October 2008). "Edmund Ho to Head Talks on Enacting Security Law". South China Morning Post. Retrieved 8 November 2020.
  10. ^ "HK Has No Plan to Legislate Article 23". news.gov.hk. 22 October 2008. Retrieved 8 November 2020.
  11. ^ "While Hong Kong Protests, Macau Sleeps Through Erosion of Freedoms". thediplomat.com. Retrieved 3 December 2023.
  12. ^ "As Hong Kong rebels, why is Macau so quiet? | Merics". merics.org. 21 January 2020. Retrieved 3 December 2023.
  13. ^ a b "How has Macau reacted to the Hong Kong pro-democracy protests?". ABC News. 24 August 2019. Retrieved 3 December 2023.
  14. ^ "Uncertainty Pervades as Macao Adopts National Security Law Amendments". Voice of America. 28 May 2023. Retrieved 3 December 2023.
  15. ^ "Revisão da Lei relativa à defesa da segurança do Estado". Portal do Governo da RAE de Macau (in European Portuguese). 7 November 2022. Retrieved 3 December 2023.
  16. ^ REGIÃO ADMINISTRATIVA ESPECIAL DE MACAU. GABINETE DO CHEFE DO EXECUTIVO (ed.). "Despacho do Chefe do Executivo n.º 79/2023". bo.io.gov.mo. Retrieved 3 December 2023.
  17. ^ REGIÃO ADMINISTRATIVA ESPECIAL DE MACAU (2 March 2009). "Lei n.º 2/2009 - Lei relativa à defesa da segurança do Estado". bo.io.gov.mo. pp. 519–525. Retrieved 3 December 2023.

Bibliography[edit]

  • Godinho, Jorge A. F. (2008), "The Regulation of Article 23 of the Macau Basic Law: A Commentary of the Draft Law on the Protection of State Security [O artigo 23 da Lei Basica de Macau. Comentario a proposta de lei de proteccao da seguranca do Estado]", SSRN Electronic Journal (in English, Portuguese, and Chinese), doi:10.2139/ssrn.1303245, SSRN 1303245. Includes English translation of most of the draft law.

External links[edit]

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