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INFO RUEHOO/CHINA POSTS COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 HONG KONG 002126 
 
SIPDIS 
 
DEPT FOR EAP/CM AND DRL 
 
E.O. 12958: DECL: 11/19/2018 
TAGS: PGOV PHUM MC
SUBJECT: MACAU ARTICLE 23: DELAYING TACTICS FROM AN 
OUTNUMBERED OPPOSITION 
 
REF: (A) HONG KONG 2109 (B) OSC CPP20081031701002 
 
Classified By: Consul General Joe Donovan for reasons 1.4 (b) and (d). 
 
¶1. (C) Summary and comment: Some democratic activists, 
journalists, and a few lawyers oppose the draft Article 23 
national security legislation proposed by the Macau 
government October 22 (reftels).  Bill opponents are pushing 
first to extend the consultation period from 40 to 90 days, 
hoping to buy time to build a vocal public opposition. 
Longer term, some are arguing the bill should be put off for 
now so the government can address more pressing concerns. 
With regard to the text, opponents are seeking clearer 
definition of how information is declared secret, a "public 
interest" defense for journalists reporting on sensitive 
issues, and elimination of the vaguely-worded clause 
criminalizing "preparatory acts".  The middle class and 
university students are criticizing the bill anonymously via 
call-in radio and TV shows and the internet, but there is no 
mass opposition to the bill.  Unlike Hong Kong's Article 23 
debate in 2002-3, there is also no organized opposition from 
the legal profession.  With a compliant legislative majority 
and a largely apathetic public, the government has the means 
to pass almost any national security bill it chooses.  The 
only real constraints on the Macau government's actions are 
its public commitment to consultation and the possibility 
that Beijing desires a smooth consensus in Macau to ease the 
eventual passage of Hong Kong's own Article 23 legislation. 
End summary and comment. 
 
-------------- 
Buying Time... 
-------------- 
 
¶2. (C) In a petition to the Macau government (MSARG) in early 
November, the New Macau Association (NMA), Macau's leading 
democratic political association, requested the MSARG extend 
the consultation period on the draft Article 23 bill to 
ninety days from the forty initially set (October 22 - 
November 30).  Officially, NMA and other opponents of the 
current draft are requesting the extension because of the 
importance of the bill and the need to revise the text.  In 
addition, University of Macau Government and Public 
Administration Professor Eilo Yu told us he believes the NMA 
is trying to buy time to build up public support for its 
proposed changes.  If nothing else, a delay might also give 
the general public itself time to develop a better 
understanding of the bill.  A late October poll conducted by 
the Macau General Union of Neighbors Associations indicated 
60 percent of the public had "no clear understanding" of the 
draft law.  Perhaps adding to the confusion, Macau 
Inter-University Institute (IIUM) instructor Martin Chung 
(protect) told us he had heard MSARG officials in a public 
forum making claims about the scope and applicability of the 
law which are not supported by the actual text. 
 
----------------- 
...or Putting Off 
----------------- 
 
¶3. (C) At an IIUM-hosted forum on the draft bill, 
pro-democracy lawmaker Jose Pereira Coutinho and "Ponto 
Final" journalist Isabel de Castro both questioned whether 
Macau should be considering Article 23 legislation at this 
time.  Coutinho questioned the urgency on two grounds. 
First, he stated there had not been an incident related to 
national security, sedition or state secrets in Macau since 
the handover.  Second, he asserted that Macau Basic Law 
Article 27 requires the MSARG to pass laws on trade unions 
and the right to strike.  Given Macau's current problems with 
wages, unemployment and imported labor, Coutinho said, these 
bills should have priority over Article 23.  (Note:  Article 
27 states that "Macau residents shall have...the right and 
freedom to form and join trade unions, and to strike."  There 
is no "shall enact laws" language similar to Article 23's. 
End note.)  While conventional wisdom holds that Chief 
Executive Edmund Ho is tabling the legislation now because, 
with a year left in his final term, he can avoid political 
fallout, de Castro argues this is why the bill should not be 
considered at this time.  With so many other bills under 
consideration and a short time left in Ho's term, she feels 
Article 23 legislation will not receive the attention it 
merits.  Separately, NMA Legislative Assembly (LA) Member Au 
Kam-san suggested to us that he would prefer to have the 
government on record with a timetable by which Macau will 
move to elections by universal suffrage before passing 
Article 23 legislation (unlike Hong Kong, Macau's Basic Law 
does not specify elections by universal suffrage as a goal). 
 
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HONG KONG 00002126  002 OF 002 
 
 
Concrete Changes 
---------------- 
 
¶4. (C) Macau lawyer Nuno Lima Bastos (who took part in the 
IIUM seminar), Civic Power founder Agnes Lam, and NMA's Au, 
among others, all felt Article 9's vague statements about 
"preparatory acts" should be stricken from the draft.  All 
also felt that issues regarding classifying information as 
"secret" require greater clarity.  NMA's petition raised both 
these issues, advocating that there be a standard of 
intentionality in prosecuting those who reveal state secrets. 
 Both the NMA and Lam also called for a clear statement of a 
"public interest" defense for journalists, which NMA defined 
in its petition as "if the public interest in disclosure of 
official information overrides the damage it causes." 
 
¶5. (C) The MSARG has an interactive website for comments on 
the draft law, but some contacts questioned whether proposed 
changes would be accepted.  Lima Bastos told the IIUM seminar 
he had heard rumors that the LA would receive the formal bill 
with the understanding the text was not to be touched.  On 
the other hand, Macau Post Daily Editor Harald Bruning 
(protect) told us he thinks the MSARG is open to 
modifications to the draft, in particular the removal or 
modification of Article 9 on preparatory acts.   Au told us 
that NMA is planning to present amendments when the bill is 
formally submitted to the LA.  He believes that Beijing 
recognizes the importance of getting a consensus law in Macau 
to winning passage of Article 23 legislation in Hong Kong. 
In terms of numbers, the MSARG has enough reliable supporters 
in the LA to easily pass any bill it chooses. 
 
-------------------- 
Out Among the Masses 
-------------------- 
 
¶6. (C) University of Macau Professors Eilo Yu and Liu Bolong 
both believe many in Macau's middle class are against the 
current draft, but individuals are only willing to voice 
their views through relatively anonymous call-in radio and TV 
programs.  Liu told us students are also active online, but 
may not join public events opposing Article 23 legislation. 
Many contacts lament the lack of a debate led by the legal 
profession, which in Hong Kong proved as important in many 
ways as the public protests.  Our interlocutors believe that 
the bar in Macau, which is still largely Portuguese, is 
unwilling to enter the fray publicly, although individuals 
may offer opinions openly or through their contacts.  Lima 
Bastos mentioned at the seminar that, although he is not an 
expert on the issues (he is legal adviser to the Macau Postal 
Service), he was speaking out because other lawyers with more 
expertise had not come forward. 
DONOVAN