Macao pro-democracy former lawmaker Au Kam San was sentenced to 12 1/2 years in prison Friday in the Chinese casino hub’s first national security case. The verdict followed a closed-door trial that has raised concerns about fairness.
Au's arrest last year marked the first publicly known prosecution under Macao’s national security law, enacted in 2009. A Macao court found him guilty of subverting state power, breaching confidentiality, and establishing contact with organizations outside Macao to commit acts endangering national security. Critics view the case as reflecting Beijing's emphasis on security and intolerance of dissent, even though Macao's pro-democracy movement is less influential than Hong Kong's.
The 69-year-old was accused of assisting "hostile organizations" abroad in collecting and disseminating political views aimed at subverting state power and spreading misinformation. According to a court statement, the goal was to incite hatred against the central government and undermine the country's fundamental system.
"Although the defendant is a first-time offender and admitted to a considerable portion of the criminal facts, he demonstrated a high degree of intent. The degree of unlawfulness and the potential consequences of his crimes are both very serious," the statement read.
Au's wife, Virginia Cheang, expressed hope for regular family visits and communication, calling the proceedings a "political trial" and "groundless persecution."
Au's daughter, who resides in London, stated that a lawyer hired by the family was denied access to her father for nearly a year. The court maintained that Au was appointed a lawyer and exercised his right to defense, also approving regular family visits.
Michael Polak, Au's international counsel and a Portuguese citizen, argued that Au should not have been detained for his non-violent beliefs and urged Portugal and the European Union to advocate for his release. Polak described the proceedings as not constituting a trial or conviction in any meaningful sense and stated that they align Macao with "the most repressive states around the world."
Macao, a former Portuguese colony, has operated as a special administrative region with its own political and legal systems since its return to Chinese rule in 1999. It is unique among Chinese cities for its legal casino gambling industry, with resorts operated by U.S. gaming giants.
The court found that Au aided overseas organizations in spreading false information between 2023 and 2024 to encourage foreign governments to take hostile actions against China and Macao, incite hatred toward the central government, and disrupt the 2024 city leader election. It also alleged that Au leaked confidential information regarding gaming license renewals to overseas groups in 2021.
Au's trial was conducted behind closed doors in September. The court cited national security interests as the reason for the closed trial, a decision made at the request of the Public Prosecutions Office and confirmed by the city's national security committee, chaired by Macao Chief Executive Sam Hou Fai.
Au, a former teacher, served in the legislature for two decades before stepping down in 2021. He was also involved in organizing Macao's commemoration of the 1989 Tiananmen Square crackdown. He had entered politics to address social issues and advocate for an open and democratic society, inspired by the 1989 pro-democracy movement.
Before his arrest, Au was known for criticizing government measures and political developments, though his critiques were often considered mild.
Human Rights Watch's deputy Asia director Maya Wang stated that Au's "harsh" sentence serves as a chilling message to peaceful critics and called for his release. The Macao government, however, supported the ruling, urging respect for the judiciary and vowing to continue enforcing the security law. Beijing's Hong Kong and Macao Affairs Office echoed this, emphasizing Macao's resolve in safeguarding national security and warning against complacency.