Au Kam San, a former pro-democracy lawmaker in Macao, was sentenced to 12 and a half years in prison on Friday. This verdict marks the first publicly known prosecution under Macao's national security law, which came into effect in 2009. The trial was conducted behind closed doors, a decision that has drawn criticism from observers who raised concerns about the fairness of the proceedings.
A Macao court found the 69-year-old guilty of subverting state power and breaching confidentiality. The judge also determined that Au established contact with organizations and individuals outside the territory to commit acts that endangered national security. According to a court statement, Au assisted and cooperated with hostile groups for a long period to collect and disseminate political views. These views were described as containing ideas aimed at subverting state power and spreading false information.
The court stated that Au conspired to incite hatred among residents against the central government. The alleged intent was to overthrow and undermine the country's fundamental system. Although Au was considered a first-time offender and admitted to a portion of the criminal facts, the judge noted a high degree of intent. The statement emphasized that the degree of unlawfulness and the potential consequences of his crimes were very serious.
Macao, a former Portuguese colony, has operated as a special administrative region of China since 1999, similar to its neighbor Hong Kong. Critics argue that this case reflects Beijing's emphasis on security and its low tolerance for dissent. This stance is notable even though Macao's pro-democracy movement has historically been less influential than the one in Hong Kong. The ruling has been seen as a signal to the local population regarding the boundaries of political expression.
Au's wife, Virginia Cheang, released a public letter expressing her family's frustration. She stated that they only hoped authorities would allow regular visits and letter exchanges without conditions. Cheang described the process as a political trial, calling it a groundless persecution meant to humiliate Au's character. She questioned the logic of holding a closed-door trial followed by a public verdict.
Au's daughter, Au Hon I, who lives in London, told the Associated Press that her father is a peaceful family man who cares deeply about Macao. She found the idea of him spending more time in prison without having committed a criminal act to be unbearable. Au Hon I noted that a lawyer previously arranged by the family was unable to see her father. She felt the ruling sets new boundaries for citizens' rights, describing it as a scary chapter that is just beginning.
Jorge Menezes, a Portuguese lawyer practicing in Macao, pointed out that the secret trial left key details unrevealed. These details included the specific organizations involved and the information Au provided to them. Menezes argued that the court's statement that Au acknowledged some facts was misleading, as it did not explicitly state he pleaded guilty. He suggested the case sends a message to anyone who challenges the authorities in Macao and potentially in Hong Kong.
Michael Polak, Au's international counsel, urged Portugal and the European Union to demand that Au, a Portuguese citizen, be allowed to leave Macao. Polak described the sentence as effectively life imprisonment for a man of Au's age, warning that he could die in prison if left in the territory.
The court found that between 2023 and 2024, Au helped overseas groups spread distorted information. The goal was to induce foreign countries to take hostile actions against China and Macao. As a lawmaker in 2021, Au was also found to have leaked confidential information from closed-door committee meetings regarding the renewal of gaming licenses. The judge had earlier decided against an open trial to ensure national security interests were not undermined.
Au, a teacher turned lawmaker, served in the legislature for 20 years before stepping down in 2021. He was known for regularly criticizing government measures on social media and in interviews, though many considered his critiques to be mild. The Macao government supported the ruling, urging all sectors to respect it and stating it would continue to strictly enforce the security law. Beijing's Hong Kong and Macao Affairs Office said the ruling demonstrated Macao's firm resolve in safeguarding national security. China's Foreign Ministry stated that it firmly opposes any external forces using individual cases as a pretext to interfere in Macao's affairs.
