Public Consultation on National Security Law Begins

The Macao SAR Government today released a consultation paper on the draft of the national security law, kick-starting a 40-day public consultation on the proposed legislation. In a press conference to introduce the consultation paper this afternoon, Chief Executive Edmund Ho Hau Wah stressed that the need to legislate on safeguarding national security was prescribed by Article 23 of Macao’s Basic Law. “It is our constitutional obligation to safeguard the sovereignty, unity, territorial integrity and security of our country,” he said. Mr Ho said he hoped the draft law could pass in the legislature before he leaves office by the end of next year. Since the Handover of Macao, the legal provisions concerning national security in the Penal Code of Portugal has ceased to apply in Macao, leaving behind a legal void in the safeguarding of national security in the SAR. According to the Chief Executive, the drafting of the national security law, which is intended to fill the legal void in this area, has struck a balance between safeguarding national security and basic rights of residents. Mr Ho also assured that the freedom of speech, of the press and of publication guaranteed by the Basic Law of Macao would not be compromised under the new law. The consultation paper released today consists of three parts: the draft of the national security law containing 15 articles; the background and guiding principles of the legislative work; and a comparative study on similar laws in other countries that follow the civil law tradition. The public consultation exercise will last until 30 November 2008. In order to promote public engagement in the consultation, the government will organise six introductory sessions on the draft law and provide various channels for the public to make suggestions. Opinions collected in the exercise will be reviewed extensively before a final draft of the national security law is submitted to the Legislative Assembly. According to Article 23 of Macao’s Basic Law, “the Macao Special Administrative Region shall enact laws, on its own, to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organisations or bodies”.