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Jorge a. F. Godinho
assistant professor, Faculty of law, University of Macau
jg.macau@gmail.com
Wanted: imagination,
tolerance and vision
Last month I said that Macau ought
be about censorship, something that should not happen in the
‘second system’.
to remain ‘special’, as proclaimed
This series of incidents is unnecessarily disturbing academic
in its formal title. But what does this
and cultural exchanges with Hong Kong. Macau seems to be
actually mean? What makes Macau
saying to Hong Kong that we want your stock market, your
special and indeed unique? Can it be
airport, your many goods and services, but not some of your
ideas, and we shall pick and choose which ones we want.
only the city’s history? This is not typical of the open society envisaged in the Joint
Declaration, as one of the things that can keep Macau special
SEEMS that the long history of contacts with the for the future, and not just the fact that it has the largest market
West is not really the issue, and if it was only for for casino games of chance.
that, then Macau could have an uncertain future. in addition, it seems that the portuguese legacy in the field
although they prize the specific legal environment of criminal law is slowly but surely being rejected, as nearly
of Macau, many residents are painfully unaware of our history every single law proposed on criminal matters has gone in a
and do not seem to be very interested in learning about more punitive direction: the article 23 legislation, the proposal
the past. for lowering the age for criminal responsibility, the proposed
indeed, there may be a latent ‘rejection’ of history going on, stiffer penalties for drug trafficking and for corruption in the
which only emphasises that Macau is an integral part of China, public sector, and the proposed extension of anti-corruption laws
a matter that portugal has not disputed since 1974. Where this to the private sector.
trend may lead is not certain. Furthermore, it was recently announced that exactly 254
One thing is sure, poor awareness of the past and no real people have applied for the 254 seats available in the electoral
vision for the future could undermine Macau’s ‘specialiness’ and committee for the next Chief Executive.
its differences from the Mainland. The current period may be a another matter that made headlines is that Commissioner
moment of clarification in terms of the direction in which Macau of audit Fatima Choi was criticised in the legislative assembly
will head. for having essentially done her job of looking objectively at the
Currently, political and social practices in Macau seem to be financial statements produced by the Government. in the current
too much embedded in traditional stereotypes. This was visible international climate of heightened need for financial discipline
for example in the discussions which led to the enactment of and proper regulation, it is startling that she was challenged for
article 23 of the Basic law, in which many members of the this, and even invited to resign.
public and even of the legislative assembly seemed too keen Overall, Macau seems divided between two poles: on one
to approve what the government proposed, without much critical hand, the advocates of a traditional Chinese style of social
thinking. Not that the initiative was unfounded: that was not the organisation, and on the other hand a Western (European or
case. american) model of an open society.
However, the whole process took only four and a half months Even the recently approved law 2/2009, of March 2,
from the release of the consultation document to publication regulating article 23 of the Basic law, hovers between them: if
in the official journal. i wrote an extensive paper on the draft, there are excessive penalties on one hand, on the other it is very
which i believe was the longest study that any member of the positive that international political contacts were not forbidden,
public submitted, but it did not even merit a single footnote in confirming the view that Macau should continue to be an open
the legislative assembly report. Discussion should have been society.
better and longer. in this context, the place of tolerance affirmed in the Sino-
This also has to do with the refusal of entry to Hong Kong portuguese Joint Declaration by China and portugal, under the
residents, which has painted a dark picture over Macau, for it principle ‘one country, two systems’ must be preserved. Critique,
amounts to a form of censorship of political debate, by blocking debate and exchange of ideas are what make a society strong.
people who may bring fresh perspectives. Macau must continue to be an open place, where creative
What is the exact reason why leung Kwok Hung (‘long thinking is encouraged. Macau should not be afraid of debates,
Hair’) cannot enter Macau? it appears that his crime consists of frank exchanges of ideas and free discussion of world views.
having fresh or different thoughts. Therefore, the matter seems There needs to be imagination, open discussion of thought,
to be about the free circulation of ideas. in other words, it may tolerance, and generosity of spirit.
april 2009
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