Commentary by Leonel Alberto Alves
Member of the National Committee of the Chinese People’s Political Consultative Conference and President of the General Assembly of the Council of Macanese Communities
Recently, the Lower Court of the Macao Special Administrative Region (SAR) lawfully convicted Au Kam San on three counts of offences, including ‘subversion of state power’, and sentenced him to 12 years and six months’ imprisonment. We note that throughout the legal proceedings, as the defendant did not retain a lawyer of his own choosing, the SAR court appointed a defence lawyer for him as required by law; the court-appointed counsel, who was accepted and recognised by the defendant, maintained close communication and contact with him to conduct his defence, and the defendant also fully exercised his legal right of defence. Furthermore, the court duly approved applications for regular family visits to the defendant. This series of arrangements fully demonstrates the fairness and impartiality of the judicial proceedings.
Punishing acts that endanger national security in accordance with the law is an essential requirement for strictly upholding the bottom line of the rule of law and safeguarding its core values. The SAR court’s lawful verdict in Macao’s first national security case is of great significance for the SAR in earnestly fulfilling its constitutional responsibility to safeguard national security and in maintaining Macao’s long-term prosperity and stability. The legal system of the Macao SAR has always upheld the principle of protecting human rights, and the rights and freedoms enjoyed by residents under the law are better realised in a safe and stable environment. Preventing, suppressing, and punishing criminal acts that endanger national security in accordance with the law serves not only to safeguard national sovereignty, security, and development interests, but also to better protect the safety, fundamental rights, and freedoms of Macao residents and other persons in Macao. All Macao residents and people from all walks of life who abide by the law, refrain from engaging in activities that endanger national security, such as acts of separatism or colluding with external forces, and carry out normal economic and trade cooperation, academic exchanges, and people-to-people interactions have no need to worry about breaching the national security law. Certain overseas organisations and individuals have made irresponsible remarks regarding the verdict, which constitutes unwarranted interference in the SAR judiciary’s independent and lawful exercise of its functions and duties. We express our strong indignation and firm opposition to this.
Together with all sectors of society, we will actively publicise and promote the Constitution, the Basic Law of the Macao SAR, and the Law on Safeguarding National Security. We will also continuously enhance Macao residents’ awareness of the rule of law, support the Macao SAR as always in fulfilling its constitutional responsibility to safeguard national security, fully and accurately implement the Law on Safeguarding National Security, and resolutely safeguard national sovereignty, security, and development interests.
End
Editor’s Note: The translation of the commentary from Chinese was arranged and edited by the Post. The Chinese original text was previously published in Macao Daily News.
Undated file photo of Leonel Alves – Photo courtesy of Macau Lawyers Association (AAM)
