Researchers at the Macau Institute of Technology (MPU) have found that the Symphon Garden, which was abandoned for almost a decade due to structural problems with the recently completed reconstruction work in a research project, is an example of governance failure and deinstitutionalization. I pointed out that it is a feature. Local civil society and inadequate legal system.
On October 10, 2012, a symphony garden on a seaside street in Patane was suddenly severely damaged, and residents of the building were evacuated and lost their homes.
The SAR government has commissioned the University of Hong Kong to initiate the investigation and then appointed the University of Macau to conduct a supplementary investigation and establish an inter-departmental follow-up team led by the Secretary of Transport and Public Works. I received many complaints from the residents.
However, the final investigation of the cause took longer than expected, leading to the conclusion that the concrete strength was inadequate, further increasing the owner’s dissatisfaction, and eventually the owner “occupying” the nearby road. It led to a large-scale incident that even shouted. A slogan asking the CEO to resign.
In a case study of the case, MPO researchers Lou Sheng Hua and Tang Chun Lin said that the inefficiency of government administration, especially in the investigation process, was “homeless and government”, “unbearable” and “eventually on the streets”. I was taken to. ”
In addition, scholars emphasized that the government was unable to clarify its role in the intervention, as it was initially intended to cover everything with the aggressive remedies provided to the owners. After that, he was silent about the progress of the follow-up of the case. The seriousness and complexity of the case was “beyond their imagination.”
Lu and Tan pointed out that the government is a construction quality regulator and is responsible for determining the cause and cause of damage to the building.
Researchers should also be liable to the victimized owner, and the government will only provide relief and promotion if additional assistance is provided, such as tax incentives, property taxes, and judicial assistance. Emphasized that it should play the role of.
On the other hand, the Macau Jiangmen Community is one of the civil societies that has long functioned as a quasi-governmental organization in the city, and was unable to make donation and reconstruction decisions when participating in the governance of this case.
In 2018, an association led by MPs Mak Soi Kun and Zheng Anting vowed to support about half of the estimated 200 million MOP for reconstruction.
However, in 2020 Mack revealed that the association could not fulfill this promise due to the pandemic impact on the local economy.
The investigation believed that the sudden loss of funds was temporarily at a loss for the reconstruction of the building. This result was due to the undemocratic decision-making process of Macau’s civil society.
Lu and Tan argued that Macau’s inability to respect donations reflects the legal gap in charitable donations in Macau and the issues surrounding the operation of the local civil society association.
“When people examine the behavior of donations, they must inevitably question their ability and willingness to donate. As a short-history society established after the delivery of Macau, the Macau Jiangmen Community makes donations. Did you have enough financial resources to do so? ”The study pointed out.
Many members of society would oppose the donation in this case, but it did not affect the outcome of the decision, as it was done by the personal will of the “big boss” to manage and provide the association’s operating resources. Emphasized Lou and Tan.
“In the Shinfon Garden case, the first person
It was the founder who announced the donation to the Shinfong Garden on behalf of the Macau Jiangmen Joint Association. In fact, he has never chaired civil society.
According to the unwritten rule of “who speaks who,” MPU scholars emphasized that it is often difficult for others to speak because the costs are generally only available to the leaders of the association.
Researchers have found that Macau’s civil society usually does not charge membership fees, or that membership fees are funded primarily from two sources, so one is sponsored by a community leader and the other is governmental. He said it was a fund and its use was generally limited. ..
The investigation also highlights the issue of legal delays in the construction and management of buildings, as the Sinphon Garden case has no written law to resolve related issues in Macau as a civil law region. Did.
In addition, according to Article 491 of the Macau Civil Code, the right to claim damages shall be completed within three years from the date on which the victim knew or should have known that he / she had the right and responsibility.
However, the Sin Fong Garden case shows that the statute of limitations for civil damages claims is “clearly not sufficient” in complex construction safety cases, Lou and Tang said.
There are no laws or regulations regarding the obligation to inspect buildings. Otherwise, the owner can find potential safety issues in the building as soon as possible and repair them immediately to avoid serious accidents.