A year after the arrest of former Macao pro-democracy lawmaker Au Kam San, his case has raised significant concerns over fairness and transparency within the Chinese special administrative region's legal system. Au, the first publicly known individual arrested under Macao's national security law since its 2009 enactment, faces accusations of providing false information to overseas anti-China organizations to incite hatred against Beijing and the Macao government.
Au's daughter, Au Hon I, who resides in London, has expressed distress over the lack of communication with her father and the challenges in securing legal representation. She stated that a lawyer chosen by the family was denied access to Au, and authorities confiscated books related to the 1989 Tiananmen Square pro-democracy movement from his home.
"For almost a year my family could not speak with my father as he was kept in cruel incommunicado detention," Au Hon I said. "Now we are still unable to speak to him about his case nor provide him with a lawyer so he can properly fight his case."
On July 2, Au, 69, underwent a preliminary proceeding, according to a court statement. The statement indicated that his lawyer was appointed by the court and approved by Au. However, the family's ability to provide their own legal counsel has been a point of contention.
Macao, a former Portuguese colony, has operated as a special administrative region similar to Hong Kong since its return to Chinese rule in 1999. Au served as a lawmaker in the legislature, which is dominated by Beijing loyalists, before stepping down in 2021. Prior to his arrest, he was known for publicly criticizing government measures and political developments, albeit with critiques often described as mild.
Police alleged upon his arrest that Au had colluded with an unspecified anti-China group and provided false and seditious materials for online or overseas dissemination. He was also accused of maintaining long-term contact with entities opposing China and repeatedly providing them with false information. A court upheld the indictment on July 2, ruling Au was the "perpetrator" of multiple offenses, including subverting state power, breach of confidentiality, and establishing contact with organizations outside Macao to commit acts endangering national security. Conviction on multiple charges could result in a prison sentence of up to 30 years.
The court also approved the appointment of Au's lawyer, citing national security interests and a binding opinion from the city's national security committee. The prosecution office stated that such preliminary hearings are not open to the public, and Macao law permits closed-door proceedings if the court and security committee determine that public hearings could harm national security.
While Au's case is unprecedented in Macao, Hong Kong has seen over 400 arrests and more than 180 convictions under its national security law imposed in 2020. Critics suggest Au's situation may be more difficult than those in Hong Kong. For instance, former media mogul Jimmy Lai, arrested in 2020, was able to receive family visits shortly after his detention, and while a British lawyer was blocked from representing him, he could hire other lawyers of his choice. "It's much worse than Hong Kong," Au Hon I said.
Michael Polak, a barrister representing Au overseas, noted that the Portuguese consulate was denied access to Au, who is also a Portuguese citizen. This situation is comparable to Lai, a British citizen denied U.K. consular access due to China's non-recognition of dual nationality. Polak urged Portugal and the European Union to address Au's case. The EU has stated that denial of judicial due process violates Au's rights and that it is raising concerns directly with Macao authorities.
Lawyers in Macao require approval from designated judges for national security-related proceedings, with requests vetted by the security committee. Jorge Menezes, a Portuguese lawyer practicing in Macao, suggested that while Hong Kong's security law was implemented more forcefully, its courts retain a stronger tradition of separation of powers. He characterized Macao's legal environment as one where judges are less independent and trials may be politically motivated, describing it as "the land of silence."