Suspension of Legislative Assembly member’s mandate and power in Macau

In 2017, directly elected member of Legislative Assembly (AL) and opposition politician Sou Ka Hou faced a criminal charge for taking part in an unlawful assembly. Articles 15 of Statute of Deputies to the Legislative Assembly provides for the possibility of suspending the mandate of an AL member who faces criminal charges. According to article 27 of the Statute, a vote of the AL plenary could determine whether the mandate of the charged AL member is suspended until the completion of the criminal proceedings, or the criminal proceedings are suspended until the completion of the AL member’s term.

In the case of Sou, the AL plenary voted to suspend his mandate. Not only until seven months later, did he resume office upon the completion of the criminal proceedings against him. In other words, Sou could not represent his voters to exercise his powers as a legislator for seven months.

The Macau Research Group and the New Macau Association suggest the UN Human Rights Committee ask Macau, China to clarify the necessity of the suspension of the mandate of an AL member facing criminal charges. We also suggest the Committee ask Macau, China the permissibility of the introduction of legislative immunity which ensures legislators to act freely as an elected representative of the public.

This article is an excerpt from a human rights report on Macau jointly submitted by the Macau Research Group and the New Macau Association to the UN Human Rights Committee in 2020. See here for the full report.