Democrats have been barred from legislative elections for alleged “disloyalty” to Macau and its constitution. The Electoral Affairs Commission disqualified 21 candidates including all 15 from the pro-democracy camp on 9 July 2021. The decision comes as district councillors in neighbouring Hong Kong resigned en masse after its government introduced a mandatory oath of allegiance. It suggests Beijing is worried that dissent may spread from Hong Kong.

THE OTHER SPECIAL ADMINISTRATIVE REGION

Macau is a special administrative region of China. The former Portuguese colony has “a high degree of autonomy" (“um alto grau de autonomia”) from Beijing guaranteed by the Sino-Portuguese Joint Declaration. Citizens also enjoy freedoms not permitted in mainland China, such as freedom of assembly and a free press. However, like Hong Kong, the legislature is only partially elected and the chief executive is selected by Beijing.

Macau is expected to hold elections for the Legislative Assembly—Macau’s parliament—in September 2021. Political parties do not exist in Macau; instead civic associations put forward lists of candidates which they support. The majority of lawmakers are members of associations aligned with Beijing. Only four lawmakers are members of the pro-democracy camp.

CANDIDATES DISQUALIFIED

On Friday 9 July, the Electoral Affairs Commission held a press conference to announce it had disqualified 21 candidates for election to the Legislative Assembly. Article 6 of the Legislative Assembly Election Law requires candidates for election to declare allegiance to Macau and to uphold the Basic Law—Macau’s constitution. Those who fail to do so can be barred from elections. All 21 disqualified candidates had formally declared their allegiance. However, commission president Tong said that “there is evidence showing the hopefuls in six electoral lists don’t uphold the Basic Law of Macau or pledge allegiance to the Macau Special Administrative Region”. Tong did not elaborate on what evidence had been used but did confirm it came from the police.

On Monday 12 July, the commission held a second press conference. Tong set out seven criteria used by the commission in reaching its decision to disqualify the candidates. The seven criteria, which have never before been published, include participating in “anti-China organisation” abroad and slandering the National People’s Congress—China’s parliament. Candidates must also safeguard national unity. Advocating for Macanese independence could lead to disqualification. The disqualified candidates say they will appeal the decision in the courts.

THE GOOD STUDENT

The decision to disqualify candidates was unexpected. Unlike Hong Kong, Macau has not had popular protests against the perceived interference of Beijing in its affairs. Its pro-democracy politicians avoid criticising the Chinese government. The city is portrayed as the “good student” compared to its rebellious neighbour.

The city has benefited economically from a relaxation in its gambling laws (it is the only place in China where casino gambling is legal). Its population of fewer than 700,000 citizens is now the richest on average in the world and almost half of those were born in mainland China. In contrast, only 20% of Hong Kong residents were born in mainland China, which might explain the former’s good behaviour.

Gambling accounts for half of the Macanese economy. The industry is heavily dependent on mainland Chinese who make up 70% of the more than 35 million tourists who visit the city annually. However, the city has been hard hit by the coronavirus pandemic and global restrictions on travel. Visitor numbers dropped by nearly 70% in the first three months of 2020. Casino takings plunged by 80% and the recovery has been slow.

Beijing may be worried that democrats will do well in September’s elections off the back of discontent with the city's economic woes. Disqualifying the democrat candidates is preemptive to ensure China’s Monte Carlo remains “the good student”.

Samuel is a trainee solicitor and postgraduate at Cardiff University. He is active in several U.K.-based organisations campaigning on behalf of Hong Kong and BNOs. His research interests include transitional justice and the rule of law.

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