The end of Portuguese lawyers in Macau is cause for social alarm because it signals the end of an era: of an idea of an open and international city; of a legal system of Portuguese origin… essential instruments of autonomy, diversity, and a bridge to the West. The problem is not, by any means, the proliferation of Chinese lawyers, many of whom are bilingual, some even with degrees obtained in Portugal. But there is clearly a problem with the extinction of Portuguese lawyers; something everyone knows is happening, yet the Government and the Bar Association have so far pretended it wasn’t.
The suspension of the protocol between the Bar Association in Portugal and the Bar Association in Macau goes way back. It didn’t happen during Ho Iat Seng’s mandate, nor with Vong Hin Fai as president of the Macau Bar Association. Long before that, Chui Sai On was in power, and Jorge Neto Valente was leading the Association when this cut was made. Until then, any lawyer with a recognized professional license in Portugal could come to Macau, take an adaptation course to local law, and three months later, they were qualified to practice law.
Two reasons converged to implode this ease: corporate interest, protecting established lawyers from outside competition, and political nationalism, which sees Portuguese lawyers as a troublesome class that opposes a certain legislative and political school – unlike their Chinese counterparts.
In the next phase, those who were already here and had a BIR took exams at the Bar Association. Particularly new generations, increasingly of Chinese origin, as is normal and market circumstances advise. But it also became evident that the Association dragged out the exam dates, complicated candidates’ lives, and increasingly narrowed access to the profession, especially for lawyers coming from Portugal. And no one paid much attention to this. In truth, the population is not aware of how compressing the scope of action of lawyers poses a risk to the defense of rights, freedoms, and guarantees… and things went by.
Meanwhile, “BIR phobia” also entered this plot, delivering the fatal blow. As it became impossible to request a BIR for those hired in Portugal; and only those with a BIR are admitted to exams at the Bar Association… access to Macau for Portuguese lawyers is simply extinguished.
Did all this happen by chance, without anyone noticing? Did the Government not realize? Did its consultants from the Mainland not either? Did the Bar Association not see what was happening? It’s not possible! Now they are all in this dead end: either this is what they wanted, but they can’t say it because it makes no sense and goes against what Macau continues to claim it wants to be; or they didn’t understand what they were doing – nor its consequences – which says even worse about all the agents who happily walked towards this abyss.
Vong Hin Fai, far from being a regime critic, now acknowledges the obvious: there is a lack of quality lawyers in Macau. Better late than never! But he knows very well why – and how this can be resolved. And we, all of us, understand how an idea of Macau is sold; by practically making it collapse – and pretending not to even understand.
