Macau national security law
Encyclopedia
Macau's national security law is a law in Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...

 which prohibits and punishes acts of "treason, secession, and subversion" against the Chinese government
Government of the People's Republic of China
All power within the government of the People's Republic of China is divided among three bodies: the People's Republic of China, State Council, and the People's Liberation Army . This article is concerned with the formal structure of the state, its departments and their responsibilities...

, 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
Macau Basic Law
The Basic Law of the Macau Special Administrative Region of the People's Republic of China is the constitution of Macau, replacing the Estatuto Orgânico de Macau, which was effective since 1976, on 20 December 1999....

, the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

al document of the Macau Special Administration Region
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...

.

History

According to the Secretary for Administration and Justice
Secretariat for Administration and Justice (Macau)
The Secretariat for Administration and Justice is a department of the government of Macau. The secretariat is responsible for the civil service, legal affairs, and municipal affairs in the region...

 Florinda da Rosa Silva Chan
Florinda da Rosa Silva Chan
Florinda da Rosa Silva Chan is the current Secretary for Administration and Justice and second most senior government official in Macau....

, the Macau bill has been drafting since 2004 with considerations for national security laws of other countries, particularly Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...

 and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

. As up until 1999, Macau was a colony of Portugal
Transfer of sovereignty of Macau
The transfer of sovereignty of Macau from the Portuguese Republic to the People's Republic of China occurred on 20 December 1999. Portuguese merchants settled in Macau and governed themselves since the time of the Ming Dynasty , first establishing a foothold in 1535, though Portugal's involvement...

. The draft unveiled on 22 Oct 2008 outlined Macau's proposal to ban treason, attempts to overthrow the Chinese government
Government of the People's Republic of China
All power within the government of the People's Republic of China is divided among three bodies: the People's Republic of China, State Council, and the People's Liberation Army . This article is concerned with the formal structure of the state, its departments and their responsibilities...

 and theft of national secrets. Some of the proposed offenses carry a maximum penalty of 25 years in jail.

Response to drafting of the law

Edmund Ho
Edmund Ho
Edmund Ho Hau Wah, GCIH, GML, GCM was the Chief Executive of the Macau Special Administrative Region of the People's Republic of China. He is now the vice-chairman of the 11th Chinese People's Political Consultative Conference....

, Chief Executive of Macau
Chief Executive of Macau
The Chief Executive of Macau is the head of the government of Macau, a special administrative region of the People's Republic of China and a former Portuguese overseas province.Under the Basic Law of Macau, the CE's role is:...

, said in a press conference that the bill targets "serious criminal behavior" and will not limit protests or criticism of Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...

. 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." Macau Legislator Au Kam-san said "We don't want to see any mainland
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...

 style national security law. It would be acceptable to enact a law based on the Johannesburg Principles.

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
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

. "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." In 2003 pro-Beijing legislator Regina Ip
Regina Ip
Regina Ip Lau Suk-yee, GBS JP is a member of the Legislative Council of Hong Kong , as well as the co-founder and current chairwoman of the New People's Party and Savantas Policy Institute....

 was nicknamed "Broomhead" for attempting to sell Article 23 in Hong Kong
Hong Kong Basic Law Article 23
Hong Kong Basic Law Article 23 is the basis of a security law proposed by the Government of Hong Kong. It states:On 24 September 2002 the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong, which operates as a...

. The Hong Kong government on 22 Oct responded with having no plan to embark on the legislation, adding its most pressing commitments are economic and livelihood issues.

See also

  • One country, two systems
    One country, two systems
    "One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...

  • Human rights in the People's Republic of China
    Human rights in the People's Republic of China
    Human rights in the People's Republic of China are a matter of dispute between the Chinese government, other countries, international NGOs, and dissidents inside the country. Organizations such as the U.S. State Department, Amnesty International, and Human Rights Watch have accused the Chinese...

  • Human rights in Macau
    Human rights in Macau
    Human rights in Macau refers to the basic rights of citizens of Macau, a former Portuguese colony that reverted to Chinese administration in 1999. As a Special Administrative Region of the People's Republic of China , Macau enjoys a high degree of autonomy, except in defense and foreign affairs,...

  • Human rights in Hong Kong
    Human rights in Hong Kong
    Human rights in Hong Kong occasionally comes under the spotlight of the international community because of its world city status. This is occasionally used as a yardstick by commentators to judge whether the People's Republic of China has kept its end of the bargain of the "One Country, Two...

  • Hong Kong Macau cultural exchange
    Hong Kong Macau cultural exchange
    Hong Kong Macau cultural exchange was a trip that took place on the Sunday morning of March 15, 2009. The goal was to have Pan-democracy camp members test the newly enacted Macau national security law by going from Hong Kong to Macau to see who gets banned....

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