China (includes Tibet, Hong Kong, and Macau) – Macau
Macau is a Special Administrative Region (SAR) of the People’s Republic of China (PRC) and has a high degree of autonomy, except in defense and foreign affairs, under the SAR’s constitution (the Basic Law). In September residents directly elected 14 of the 33 representatives who comprise the SAR’s Legislative Assembly. In accordance with the Basic Law, limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven. A 400-member Election Committee re-elected Chief Executive Fernando Chui Sai-On to a five-year term in 2014.
Civilian authorities maintained effective control over the security forces.
The most significant human rights issues reported during the year included: constraints on press and academic freedom; limits on citizens’ ability to change their government; and trafficking in persons.
The government took steps to prosecute and punish officials who committed abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were no reports the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, and there were no reports government officials employed them.
Prison and Detention Center Conditions
There were no significant reports regarding prison or detention center conditions that raised human rights concerns.
Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions.
Administration: The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies, and judges and prosecutors made monthly visits to prisons to hear prisoner complaints.
Independent Monitoring: According to the government, no independent human rights observers requested or made any visit to the prison in the SAR.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements. Activists expressed concern that the SAR government abused prosecutorial procedures to target political dissidents, while police said they charged those they arrested with violations of the law.
ROLE OF THE POLICE AND SECURITY APPARATUS
Civilian authorities maintained effective control over the Public Security Police (general law enforcement) and the Judiciary Police (criminal investigations), and the government had effective mechanisms to investigate and punish official abuse and corruption. There were no reports of impunity involving the security forces.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is detained. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system; however, judges have often refused bail in cases where sentences could exceed three years. Complaints of police mistreatment may be made to the Commission for Disciplinary Control of the Security Forces and Services of the Macao SAR, the Commission Against Corruption, or the Office of the Secretary for Security. The government has also established a website for receiving named or anonymous complaints about irregular police activity or behavior. There were no reports of deaths in police custody.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The SAR’s unique, civil-code judicial system is derived from the judicial framework of the Portuguese legal system. The courts may rule on matters that are the responsibility of the PRC government or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee (NPCSC). The Basic Law requires that courts follow the NPCSC’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the NPCSC makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the NPCSC also has the power to initiate interpretations of the Basic Law.
The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.
Under the law, defendants enjoy a presumption of innocence and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings. The law extends these rights to all residents.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions, but activists critical of the government reported the government monitored their telephone conversations and internet usage.
Section 2. Respect for Civil Liberties, Including:
b. Freedom of Peaceful Assembly and Association
The law provides for freedom of peaceful assembly and association, and the government often respected these rights, despite some efforts to discourage participation in peaceful demonstrations.
FREEDOM OF PEACEFUL ASSEMBLY
The law requires prior notification, but not approval, of demonstrations involving public roads, public places, or places open to the public. Police may redirect demonstration marching routes, but organizers have the right to challenge such decisions in court.
Activists alleged authorities were making a concerted effort to use both intimidation and criminal proceedings against participants in peaceful demonstrations to discourage their involvement. For example, the Legislative Assembly, in a secret ballot, voted to suspend Sulu Sou from the Legislative Assembly after prosecutors charged him with “aggravated disobedience” to police authorities during a peaceful protest against the Chief Executive. Activists reported police routinely attempted to intimidate demonstrators by ostentatiously taking videos of them and advising bystanders not to participate in protests.
In June approximately 200 persons participated in a vigil at Senado Square to mark the 28th anniversary of the 1989 Tiananmen Square crackdown.
FREEDOM OF ASSOCIATION
The law provides for freedom of association, and the government generally respected this right. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The Immigration Department cooperated with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.
The Internal Security Law grants police authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, a threat to internal security and stability, or possibly implicated in transnational crimes. During the year the government banned several Hong Kong politicians and activists from entering the SAR on the grounds they posed a threat to internal security, according to media reports.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for the granting of asylum or refugee status and the government has established a system for providing protection to refugees. Persons granted refugee status ultimately enjoy the same rights as other SAR residents.
Pending final decisions on their asylum claims, the government registered asylum seekers and provided protection against their expulsion or return to their countries of origin. Persons with pending applications were eligible to receive government support, including basic needs such as housing, medical care, and education for children, but were not allowed to work until their refugee status was recognized.
Section 3. Freedom to Participate in the Political Process
The law limits citizens’ ability to change their government through free and fair periodic elections, and citizens did not have universal suffrage. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in 2014 by a 400-member Election Committee consisting of 344 members elected from four broad societal sectors (which themselves have a limited franchise) and 56 members chosen from and by the SAR’s legislators and representatives to the National People’s Congress and Chinese People’s Political Consultative Conference.
Elections and Political Participation
Recent Elections: In 2014 a 400-member selection committee re-elected Chief Executive Fernando Chui Sai-On. Chui ran unopposed and won 97 percent of the vote. The most recent general election for the 14 directly elected seats in the 33-member Legislative Assembly occurred in September. A total of 186 candidates on 24 electoral lists competed for the seats. The election for these seats was generally free and fair, although strict campaign laws limited the ability of political newcomers to compete in the election.
There are limits on the types of bills legislators may introduce. The law stipulates that legislators may not initiate legislation related to public expenditure, the SAR’s political structure, or the operation of the government. Proposed legislation related to government policies must receive the chief executive’s written approval before it is introduced. The Legislative Assembly also has no power of confirmation over executive or judicial appointments.
A 10-member Executive Council functions as an unofficial cabinet, approving draft legislation before it is presented in the Legislative Assembly. The Basic Law stipulates that the chief executive appoint members of the Executive Council from among the principal officials of the executive authorities, members of the legislature, and public figures.
Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those critical of the government generally did not face restrictions, but persons seeking elected office were required to swear to uphold the Basic Law. The Legislative Assembly, in a secret ballot, voted to suspend Sulu Sou from the Legislative Assembly after prosecutors charged him with “aggravated disobedience” to police authorities during a peaceful protest against the chief executive’s decision to donate 123 million patacas ($15.4 million) to a mainland university on whose board the chief executive sits. Sou is a member of the New Macau Association, a political group generally critical of the government, and critics claimed his prosecution and suspension were politically motivated.
Participation of Women and Minorities: No laws limit participation of women and members of minorities in the political process, and they did participate.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption, and there were few reported cases of officials engaging in corrupt acts.
Corruption: The government’s Commission Against Corruption (CAC) investigated the public and private sectors and had power to arrest and detain suspects. The Ombudsman Bureau within the CAC reviewed complaints of mismanagement or abuse by the CAC. An independent committee outside the CAC–the Monitoring Committee on Discipline of CAC Personnel–accepted and reviewed complaints about CAC personnel. In July the SAR’s former top prosecutor, Ho Chio-meng, was sentenced to 21 years in prison after he was convicted of multiple crimes, including illegally awarding contracts to local businessmen in exchange for improper personal benefits worth at least 44 million patacas ($5.5 million).
Financial Disclosure: By law the chief executive, cabinet, judges, members of the Legislative Assembly and Executive Council, and executive agency directors must disclose their financial interests upon appointment, promotion, retirement, and at five-year intervals while encumbering the same position. The information is available to the public on the website of the Macau Courts. The law states that if the information contained in the declaration is intentionally incorrect, the declarant shall be liable to a maximum imprisonment of three years or a minimum fine of six months’ remuneration of the position held. Furthermore, the declarant may be prohibited from appointment to public office or performing public duties for a maximum of 10 years.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Domestic and international groups monitoring human rights generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence, but same-sex couples were not covered by the domestic violence law. The government effectively enforced these laws. The domestic violence law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, and the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code.
The government made referrals for victims to receive medical treatment, and medical social workers counseled victims and informed them of social welfare services. The government funded NGOs to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved. The government also supported two 24-hour hotlines, one for counseling and the other for reporting domestic violence.
Sexual Harassment: In June the Legislative Assembly passed a sex crime bill that amended the Penal Code to make sexual harassment a crime. Under the new law, police may take action against a suspect if the victim files a criminal complaint and a convicted offender may be sentenced to a maximum of one year in prison.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: .
Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines. Gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs. However, per government statistics, between 2011 and 2016, the wage gap between men and women dropped from 2,500 patacas ($312) in 2011 to 1,700 patacas ($212) in 2016.
Birth Registration: According to the Basic Law, children of Chinese national residents of the SAR who were born inside or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.
Early and Forced Marriage: The minimum legal age of marriage is 16 years; however, children between 16 and 18 years who wish to marry must obtain approval from their parents or guardians.
Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent. In June the Legislative Assembly outlawed procurement for prostitution of a person younger than 18 years. The law also prohibits child pornography.
International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish population was extremely small. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively and has a plan running through 2025 to improve services and access for persons with disabilities. The Social Welfare Bureau was primarily responsible for coordinating and funding public assistance programs to persons with disabilities. There was a governmental commission to rehabilitate persons with disabilities, with part of the commission’s scope of work addressing employment.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
There are no laws criminalizing sexual orientation or same-sex sexual contact and no prohibition against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons forming organizations or associations. There were no reports of violence against persons based on their sexual orientation or gender identity. The law prohibits discrimination in employment on the grounds of sexual orientation.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The Basic Law provides workers the right to form and join unions, but the Legislative Assembly had not passed legislation to regulate this right. Workers may join labor associations of their choice, but PRC authorities wield considerable influence over some of the most powerful associations. The law does not provide that workers can collectively bargain, and, while workers have the right to strike, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. The law does not require reinstatement of workers dismissed for union activity.
Workers in certain professions, such as the security forces, are forbidden to form unions, take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.
In order to register as an association, the government requires an organization to provide the names and personal information of its leadership structure.
The government generally enforced the relevant legislation. The law imposes financial penalties for antiunion discrimination. Observers have previously noted this may not be sufficient to deter discriminatory activity.
Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the CAC, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.
b. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than 14 years of age. Observers have previously noted these penalties generally were considered sufficient to deter the use of forced labor. The government has a special, interagency unit to fight human trafficking, the Human Trafficking Deterrent Measures Concern Committee. In addition to holding seminars to raise awareness about human trafficking, the committee operates two 24-hour telephone hotlines, one for reporting trafficking and another to assist trafficking victims.
Children and migrants were vulnerable to forced prostitution and labor including in construction and domestic work. The government investigated cases, but there were no convictions during the year.
Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
c. Prohibition of Child Labor and Minimum Age for Employment
A law prohibits minors younger than 16 years of age from working, although minors between 14 and 16 years of age may work in “exceptional circumstances” if they obtain a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” Under the law, “exceptional circumstances” are defined as: the minor (younger than 16 years old) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between 14 and 16 years of age may work for public or private entities during school summer holidays; minors of any age may be employed for cultural, artistic or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. Local laws do not establish specific regulations governing the number of hours children younger than 16 years old can work. The law governing the number of working hours (eight hours a day, 40 hours a week) was equally applicable to adults and legal working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are 16 years old can acquire full legal capacity if they marry.
The law prohibits minors younger than 16 years of age from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations are intended to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.
The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Regulations stipulate LAB inspectors shall be trained to look for child labor in order to carry out their responsibilities. Employers are obligated to provide professional training and working conditions appropriate to a minor’s age to prevent situations that undermine his/her education and could endanger health, safety, and physical and mental development.
From July 2016 to June, LAB inspectors found two violations of child labor laws resulting in fines of 40,000 patacas ($5,000).
d. Discrimination with Respect to Employment and Occupation
The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Local law requires employers to provide equal pay for equal work, regardless of gender.
There were no reports the government failed to enforce the relevant laws but some discrimination occurred. According to official statistics, at the end of July, nonresident workers accounted for approximately 28 percent of the population. They frequently complained of discrimination in the workplace in hiring and wages, and some classes of migrants were not provided equal employment benefits. Most worked in the restaurant and hotel industry, but others were employed as domestic servants, or in construction and retail trade.
e. Acceptable Conditions of Work
Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. There was no mandatory minimum wage, except for a minimum wage for security guards and cleaners, which was set at was 30 patacas ($3.75) per hour. The SAR does not calculate an official poverty line, and its median monthly income is 15,000 patacas ($1,875). The law provides for a 48-hour workweek (many businesses operated on a 40-hour workweek), an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. The law does not define “temporary contract” or “short-term contract.” It states only that a labor contract may be either for a defined term or of indefinite duration. All workers employed in the SAR, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave.
The law includes a requirement that employers provide a safe working environment, and the LAB sets industry-appropriate occupational safety and health standards. The law prohibits excessive overtime but permits legal overtime (up to eight hours, and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer.
All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his/her legitimate interests were violated. If an employer dismisses staff “without just cause,” they must provide economic compensation indexed to an employee’s length of service.
The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractices are referred to the LAB.
The LAB enforced occupational safety and health regulations, and failure to correct infractions could lead to prosecution. The number of labor inspectors in the country was adequate to enforce compliance. Health Bureau guidelines protect pregnant workers and those with heart and lung diseases from exposure to secondhand smoke by exempting them from work in smoking areas, such as casinos. In August and September, hundreds of Galaxy Entertainment employees complained to the LAB of working conditions at the time Typhoon Hato struck the SAR, with staff complaining of unpaid overtime and insufficient rest time, according to media reports.
The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.
From July 2016 to June, authorities recorded 24 workplace fatalities, and workplace injuries permanently incapacitated 31 persons.