Kapok: The king is naked

Until the jaw-dropping election of Donald Trump on November 9, all the feverish political discussions I have had on and off-line for almost a month somehow revolved around the controversial oath-taking and its ensuing rejection of the Youngspiration pair of newly elected Hong Kong legislators, Yau Wai-ching and Baggio Leung. That was the talk of the day (and night), and even those who professed to be “bored” or simply annoyed could not help commenting, discussing, and arguing. On my own Facebook page, that gave rise to the longest exchange of comments and responses I had ever had—and mainly with two “Friends”!

The bigger the stake, the higher the level of engagement. The saga aspect of the whole story, with its almost perfectly choreographed traumatic scene—visible and audible—on October 12 and its ensuing twists and turns for almost a month, largely explains the riveting effect it has produced. Moreover, the responsibility of the sudden changes of wind has been rather evenly shared: if the young radicals were the trigger, the pro-establishment forces “voluntarily” chose an unusually buoyant counter-attack to prevent the retaking of the oath, regarding which pan-democrats, old and new, objected vehemently, both vocally and physically.

The atmosphere was not subdued anymore in the LegCo chamber, and fingers were pointed at one another. Furthermore, all three sources of power were embroiled in the situation: the legislature, with its somewhat democratic legitimacy, entrenched the controversy, challenged in less than a week by the executive, requesting a judicial review from the High Court to not only prevent the Youngspiration legislators to retake their oath but to do it for good and thus unseat them.

Unity in both camps was initially far from absolute: not everybody agreed with the rather provocative stance of Yau and Leung among the pan-democrats and some pro-establishment voices were not acting outraged yet and believed things could be settled with a slap on the wrist. The just sworn-in president of the LegCo, Andrew Leung, was himself originally in favour of giving the troublemakers a second chance. When the first whispers of a possible intervention by the central authorities started to be heard, Secretary for Justice Rimsky Yuen indicated that “the dispute […] should be resolved within the Hong Kong judicial system”. After much denial and confusing signs, the admission that an interpretation by the Standing Committee of the National People’s Congress (NPC) regarding oath-taking was in the tubes came from a long-time representative for Hong Kong in the NPC (herself already in Beijing), Maria Tam. And the government’s face was somehow salvaged by the revelation that the interpretation had been requested by the Chairman of the NPC, Zhang Dejiang.

When the interpretation was ultimately made public, what the Central authorities consider acceptable or not became more forceful, to the point where the “one country-two systems” principle was irremediably breached: not only does the interpretation venture into law-making by defining the penalties incurred by the “offenders”—thus going farther than the interpretation power—but also provides ample room for political manipulation (define “a manner which is not sincere or not solemn”…). Hence the 13,000-strong participants in the preventive demonstration organised on November 6 to expose a possible abuse of power and the silent march by the legal profession gathering 2,000 people on November 8 to denounce what Democratic Party founder Martin Lee has called “a tank crashing into the legal system”.

What is truly unacceptable for Beijing is thus the self-determination agenda of some radical young democrats, even though the irony is that there was no significant independence-leaning claim in Hong Kong until two years ago—the PRC under the leadership of Xi Jinping has therefore managed to accomplish in less than three years what the British could not do in 155! And to make matters worse, insult was added to injury, although one could debate the actual insulting load of the “People’s Refucking of Chee-na”. The target is a regime, and Chee-na or Shina is not derogative per se, but rather a challenge to the centrality of the “Middle Kingdom”. But in the end, patriots only deal with absolutes! 

Published in Macau Daily Times on November 11, 2016

Kapok: Five is five, not three

The yearly plenary sessions of the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference (CPPCC) — the “two meetings” 兩會 as colloquially referred to in Chinese — concluded just a week ago and with them we are set for new priorities in the coming year and the next five years, with the 13th five-year plan starting this year.
The general directions had been already introduced last year — even with a campy song about them — and the five — again — tenets of the plan had been delineated in order to achieve ‘medium-high’ GDP growth, now set at 6.5 percent for 2016. First, “innovation” is seen as the key driver of economic development in order to upscale China’s economic structure into a higher-quality growth pattern. Then “openness” is considered of utmost importance for China to become a major responsible stakeholder in world affairs, both politically and economically. Then, “green” development and the necessity to “balance” the economy in order to ensure greater evenness among rural and urban areas, and across different industries, are the two pillars of what would be called in Europe “sustainable development”. Finally, “inclusiveness” — understand social justice — is a full part of that developmental horizon.
Wrapping up the conclusions of the two meetings, Chief Executive Chui Sai On outlined five — again — paths for Macao to transform and “consolidate its unique position”.
First, Mr Chui insisted on the need to comply with the country’s constitution and the Basic Law. Honestly speaking, I am really starting to wonder what is meant by this oft-repeated mantra. Is it not already the case? And if not, in what regard is it not respected? We heard recently about concerns pertaining to the judicial system and possible issues with justice independence: could that be it? Or is it related to the fact that a union law has yet to be passed and is systemically rescheduled by navel-gazing businessmen-turned-legislators who now claim that possible “strikes” could impair even more our dwindling casino revenues? Or possibly, the fact that now some NPC members representing Macao are asking for the NPC to step up efforts on reviewing laws passed in Macao? From my own little understanding, when Mr Io Hong Meng, a Macao NPC delegate backed by the Kaifong, insists that “instead of just keeping the laws for records, the NPC Standing Committee should also […] start reviewing the laws enacted under Macau’s legislature”, I am not sure this is not in complete contradiction with the letter and spirit of the Basic Law. And does Mr Ho Iat Seng, the only NPC Standing committee member for Macao and the president of the Legislative Assembly, concur?
Then Mr Chui mainly stressed the economic aspects of the message, and especially the imperative to coordinate the city’s Five-Year Development Plan with the major policy direction of China and the pressing need to transform Macao into a world centre of tourism and leisure, and a cooperation platform between China and Portuguese-speaking countries. Society was not forgotten: the social development of young people is to be supported and social welfare improved. And finally, all this could be achieved thanks to a more “effective” mode of governance, based on speedier administrative reform, additional thoroughness in anti-corruption efforts, as well as greater cooperation among administrative units. Clearly, transparency and accountability are not part of Mr Chui’s vocabulary.
Somehow, the “innovation”, “openness” and “balance” imperatives are there. The diversification of Macao’s mono-industry; the expansion to Hengqin and now the resurrection of the Pan-­Pearl River Delta 2003 vision; the realization that Macao has a unique role to play in connecting the Portuguese-speaking world with China; the expansion over 85 square kilometers of coastal waters as recently demarcated and possible development of a maritime economy; the stepping-up of quality education and the nurturing of local talents; the promotion of SMEs; etc.
What about “the inclusiveness” and the “greening”? What about developing real mean-tested social policies rather than oversized entitlements for residents? What about sanctuarizing Coloane, despite the petty interest of one CPPCC delegate? Five is five, not three.

Published in Macau Daily Times, March 25 2016

Kapok: Under (tight) Scrutiny

On the very day newly elected legislators were taking their oath, several members of Macao Conscience, a political grouping created in 2009 that has been regularly staging civic happenings, openly challenging the government and denouncing by-and-large conflict of interests affecting Macao politics, took to the streets to directly question the “claim” that legislators are genuinely representing the interests of the Macao residents. At stake, the fact that 17 legislators out of 33, or 57% of them, are still either handpicked by the Chief Executive or returned by so-called “indirect elections” for which functional constituencies did not even bother to pay lip service to the idea of political competition, one of the requirements for an election to deserve its name. 
At the heart of their appeal for the Chief Executive to come up with an agenda for political reform that could lead to a universal franchise to elect the totality of the legislature lies the promise entrenched in article 68 of the Macao Basic Law that “a majority of the [Legislative Assembly’s] members shall be elected” as well as a UN Human Rights Committee recommendation issued last March stating that “Macao should consider taking all preparatory measures with a view to introducing universal and equal suffrage in conformity with the [International Covenant on Civil and Political Rights] as a matter of priority”. 
This group of a handful of demonstrators delivering their petition to the government’s headquarters was headed by none other than Jason Chao, president of the New Macao Association and unsuccessful candidate to the Assembly: if you cannot bring the fight “inside”, the least you can do is to continue carrying it “outside”.
Tight scrutiny of the legislators is the vocation trumpeted by the freshly launched website aptly entitled “Macao Legislators Supervision Station”: deploring the opacity of the workings of the Assembly, the website aims to offer a comprehensive track record of the voting behavior of each individual legislator, thus creating some kind of real-time accountability system by default. It also provides detailed information about the assets owned and positions occupied by each legislator as they appear in the recently advertised Declarations of Assets posted on the website of the Judicial Court of the Macao SAR. 
Additionally, one can find the complete contact details of each lawmaker, including postal address, website, Facebook account and email address, making it possible for any citizen to engage with his or her so-called representative(s). Unfortunately, only eleven law proposals and projects as well as resolutions and propositions of debate and hearings are for now taken into consideration, but more will be added in the future. Graphic and news flashes functionalities, again individualized, are still in the making, but the result of this illustrated data collection about our legislators is already pretty striking. There, one comes to realize the deep divide that exists between elected, selected and appointed legislators—the “rubber stamp” characterization of the two latter can truly be seen by a blind man! “King of the ballot box” Chan Meng Kam is on the one hand not shy at all in divulging his assets and yet his track record in the assembly shows that he has abstained or been absent 7 times out of 11—a populist with uncertain opinions? Such is not the case for Melinda Chan Mei Yi, the accessible lady of the people: she opposes or she approves, nothing short of a yes or no… but still, more on the side of the government!
Ultimately, even the new president of the Assembly, businessman turned politician Ho Iat Seng, as well as his deputy, trade unionist Lam Heong Sang, made very ostentatious declarations on the day of their inauguration that “supervision of the government’s actions” should definitely “be reinforced in the future”! Well, talking about conflict of interests, Mr Ho is also the only member from Macao sitting on the Standing Committee of the National People’s Congress, the one institution supposed to interpret the Basic Law in case of a dispute and if all else has failed when it comes to enjoying a “high degree of autonomy”… With the upcoming election of the Chief Executive in 2014, there should be more to scrutinize!

Published in Macau Daily Times on October 25 2013.

Kapok: Look who’s talking!

Although I would not challenge being characterized as a “tree-hugger”, I would not consider myself an “animal lover”. For me, dogs are all about unpleasant dribbling, offensive wet dog smell and untimely walks in the woods for not-so-hygienic unloading. But it is one thing to show no great empathy for pets, it is an entirely different matter not to support legal provisions to put an end to cruelty towards animals. The former has to do with my own personal inclinations, the latter with the degree of advancement of a civilization.

There are many interesting aspects to the project of law that was introduced by José Pereira Coutinho, which pertains to the “Legal status and protection of animals”. This was rebuked in a plenary session of the Macao Legislative Assembly on April 22^nd.

It is important to note that it was a project of law (initiated by legislators, in this case only one), which is not to be confused with a law proposal (initiated by the government). Contrary to what is commonly heard, a few projects initiated by legislators have successfully been made into laws. For example, the very comprehensive Personal Data Protection Law that was passed in 2005 is the most well known, but it is not unique. Other examples include the Law requiring the systematic advice of a lawyer in judicial procedures, or the Law regulating Internet Cafés.

These laws are the highest testimonies of the revered principle of the separation of powers, which is enshrined in Macao's Basic Law. Legislator Coutinho clearly displays political motivation when he introduced six laws in a single week, but contrary to what Legislator Chan Chak Mo has argued, that is to say “mere politicking” by Coutinho in an election year, Coutinho’s actions clearly indicate that some legislators are actually doing their job. In the end, just as “some animals are more equal than others”, some legislators are indeed, more legitimate than others.

The project of law was voted down in its first stage, during the first reading in plenary session. The legislators had plenty of time to carefully examine the 30 articles of the law and the notes that accompanied it, as it was introduced in February, some two months before last Monday’s vote. But the project never made it beyond the political initiative of its introduction and will never be discussed in a permanent commission.

Those who either abstained or opposed gave several reasons. Some argued that the project was not precise enough: was it about domestic animals, or animals at large? Could we still enjoy eating ducks and chicken after the law would be passed? Article 14 of the project is very clear about that, just like the Prevention of Cruelty to Animals Ordinance passed in 2006 in Hong Kong: what is to be prevented and punished is cruelty to animals, including in the slaughtering process. But most of the critics have concentrated on the supposed untimeliness of the project as it was released only four months before the end of the legislative session. However, one could argue that almost half of the 2012/2013 session still remains and that the Assembly record for law passing ranges from 6 to 27 laws passed in a single session. Coincidentally, the most vocal opponent regarding “timing” was legislator Vitor Cheung Lup Kwan, who holds the record amongst all legislators for lowest attendance to plenary sessions during the two previous terms in 2011 and 2012. Being a legislator is a full time job!

In the end 4 voted in favor, 9 abstained and 9 opposed, totaling 22 out of 29. Why were seven legislators missing? Why was the legislator, who is closest to the company that runs the infamous Canidrome of Macau (see here for local news and here for international coverage), absent from the vote? Untimely questions maybe?

Published in Macau Daily Times, April 26 2013.

Kapok: Teeny Circles

The visit of Wu Bangguo to Macao, the first one ever of a Chairman of China’s National People’s Congress, made the front page of newspapers in every hue as if the whole city was welcoming this high-profile figure of the central government with a bang. Due to leave office in March, Mr Wu was a member of the exclusive Politburo Standing Committee of the Communist Party of China until November, and officially No. 3 in the national line of command. It’s no wonder that traffic around Penha Hill was so out of control and the city swarming with policemen dressed-up in flashy yellow vests and wielding silicone guns! The frenzy is ending tonight, but beware: the parking ticket emission intermission will thus be over soon!
Two seemingly separate events have brought Mr Wu to Macao: the 20th anniversary of the Macao Basic Law, our mini constitution, and the 100th birthday celebration of the Chinese Chamber of Commerce of Macao. Also on the agenda: meetings with the different branches of government along with extensive tours of the city and even a quick stint in Hengqing island to visit the University of Macau’s new campus—perceived as a true embodiment of a better integration between the Special Administrative Region and proper China. As far as the Basic Law is concerned, Mr Wu’s tone was far more praising than when he celebrated the 10th anniversary in Beijing: at the time, he had just been appointed and it was still the latest fad to refer to “giving full play to democracy”. The National People’s Congress headed by Mr Wu endorsed the so-called “+2+2+100” political reform package for Macao last year, a far cry from what was granted to Hong Kong, and the emphasis today seems to be more on the development of a “harmonious society” and “scientific governance”, proving again that the “high degree of autonomy” bestowed upon Macao reflects what local interests interpret as being worth fighting for.
Interestingly enough, there were two full-page ads in yesterday’s Macao Daily News to welcome Wu Bangguo: one published by the Jiangmen Town Folks Association and the other one by the Chinese Chamber of Commerce of Macao. Town folk associations are very common among migrant Chinese communities, and by some count there are more than 100,000 people originating from Jiangmen (a nearby district in Guangdong) in Macao. The association created in 2002 boasts more than 30,000 members. People of Jiangmen origin include Fernando Chui Sai On and Francis Tam Pak Yuen, as well as legislators such as Mr Chui’s cousin and brother, and Vitor Cheung Lup Kwan: no wonder that its mission statement reads “Love Macao, love our country; promote exchanges with our beloved hometown”.
Patriotic and grassroots associations do play a very important role in the SAR and are very tightly connected to the government and deemed pro-China. Their role is to gather the support of different sections of the society in favor of government policies in exchange for being allowed to articulate their own community-based interests and get funded to do so. These patron-clients relations date back to the colonial era: in many respects the Jiangmen Town Folks Association does play a similar role as the Neighborhood Association and the Federation of Trade Union —a revamped version of the mass line. The Chamber of Commerce belongs to a somewhat higher playing field and is more concerned with grooming the future leaders of Macao. Its strongman, Ho Yin, was China’s voice in the territory in the 1960s, and Ho Yin’s son, Edmund Ho, was himself its vice-president before he became the first Chief Executive of the SAR. Today, the vice-president of the Chamber is Ho Iat Seng, a businessman who is also the vice-president of the Legislative Assembly (indirectly (s)elected) and the only member of the standing committee of the National People’s Congress. Circles, small ones…