“Secret Police” Bill in Macau passed

“Secret Police” Bill in Macau passed, Sulu Sou Ka-Hou worries criticizing the government may become the target of the national security intelligence collection

(20-Jan) Amendments to “the Judicial Police Department” bill was generally passed with 25 votes in favor, 3 votes against, and 1 present in the Legislative Council of Macau. The bill proposes that crimes involving cybersecurity and national security should be added into the jurisdiction of the police authority while adding 4 new national security departments within the police department. On the other hand, the police department has the right to access civil and criminal identity data in any legal way, including data interconnection, and to deal with crimes in the databases of administrative authorities, public autonomous entities and franchisees in accordance with the law. The bill also recommends that the Chief Executive may be exempt from announcing the promotion of relevant police officers if a reasonable explanation is given. The bill is described as a "secret police" bill by many in Macau.

On the floor of the Legislative Council, directly-elected member Sulu Sou Ka-Hou who voted against challenged what kind of data the new National Security Intelligence Office will be collected in the future. “if the public criticizes the government, will they be the target?" He pointed out that the National Security Law has a conviction rate of zero since the law was enacted in 2009. However, when citizens criticize the government's policy always have to be careful of the 23rd article of the Basic Law. Frankly, the power of "National Security Law" has exceeded the limit described in the law.

Sulu Sou Ka-Hou also pointed out the public have doubts about the provision for exempting the disclosure of police officers’ information which may easily lead to the situation of a “secret police” force. “The public have doubts about the definition of secret duty. The bill proposes the exemption to disclosure if an applicable reason is elaborated. What is the reason? What is the indicator? Everything is vague and confusing.” He also mentioned that the authority applied the exemption of disclosure offices’ information in the Commission Against Corruption. It has “shifting meanings”. The authority gave an example of Decree-Law 275-A/2000 which was repealed in 2018.

Sulu Sou Ka-Hou questioned that police officers didn’t need approval from the Office for Personal Data Protection to request data in the interconnected system from other departments after the bill was successfully amended. Can police officers obtain the data even they don’t need to inform other departments? It is worrying that the power of this act will lead to invasion of privacy. He also challenged who should take responsibility if police officers misuse and misappropriate those relevant information collected under the amended law. 

Directly-elected member Au Kam San who voted against questioned that the public was unable to monitor data in the interconnection system. The Office for Personal Data Protection is the only department to monitor and approve, however, the bill allows the exemption of the application of approval from this department. “Different methodologies and powerful law enforcement can improve public security, but there is the question of moderation. Is there such a major security crisis in Macau that it is worth investigating in such an invasive way? Directly-elected member Ng Kuok Cheong, who also voted against, said that police should always announce to the public who are appointed and promoted. Now, it is requested to not share in the public. “Is it an effective mechanism? I hope the director provides a persuasive explanation. What are their concerns if the information is published?

Criticizing if the government is a violation of Article 23? Wong Sio-Chat said citizens will not be arrested because of their speech

Wong Sio-Chak, the Secretary for Security, criticized the statement of Sulu Sou Ka-Hou without naming as “paradoxical, but essentially wrong”.

Regarding the criticism the government easily be prosecuted for "national security" crime, Wong Sio-Chak described "this is your demon, why should everything be linked to Article 23 ?" He emphasized that the "National Security Law" mentioned 7 types of crimes including only treason, separatism, subversion of The Central People's Government of the PRC, incitement, and rebellion, etc. Citizens will not be arrested by the police on the charge of “national security” because of their speeches. He also emphasized that law enforcement by police is with the basic social consensus in legal.

Regarding to the proposal of the provision to not announce the promotion of police officers, it is criticized as the "secret police" bill. Wong Sio-Chak countered that all appointments and promotions of the Hong Kong Police Force would not be announced, and the ICAC would not announce personnel appointments as well. “Are they secret police? Our bill only keeps a few appointments unpublished, which is to protect investigators. It is even unreasonable to compare us with the Gestapo. All our authorities are granted under law. None of our duties is conferred by law. Our authorities are monitored by the judiciary. Illegally obtained evidence cannot be admitted into the courts. It is unfair and unjustified to compare the rules of protecting colleagues with the secret police. "

Ng Kuok Cheong challenged there was no request for non-disclosure information in the past, but why is needed to amend the provision now? Ng Kuok Cheong replied the authority has proposed this issue in the legislation in 2006 and the law amendment in 2012, but these issues were put on hold for different reasons. Due to the development of technology, it is much easier to access personnel information on the Internet now. This leads to the failure of sting operations. Also, it is difficult to collect information on cyber-crimes and national security crimes. There is an even greater risk of facing triads. “They will ignore you because it is easy to find out that you are a police officer. "

Lam Lok-Fong asked about the reasons for the expansion of the police department. Wong Sio-Chak pointed out that a lot of manpower is required to handle national security crimes, computer forensics, etc. In the past, the government proposed to hire 400 more people. However, the headcounts are reduced to 250 people currently due to the streamlined policy and the rest of vacant will be filled in 7 years, "About 30 people in a year, actually very few people."

Source: Stand News

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