Macao Court Sentences Former Lawmaker Au Kam San to 12.5 Years

Macao’s former lawmaker Au Kam San received a 12.5-year prison sentence on Friday. This marks the first time the special administrative region has handed down a verdict under its national security law. The law was enacted in 2009, but Au’s arrest last year represented the first publicly known prosecution under it.

A Macao court declared the 69-year-old guilty of subverting state power and breaching confidentiality. The judges also found that he established contact with outside groups to commit acts endangering national security. The trial took place in September behind closed doors. The judge decided against an open hearing to protect national security interests.

According to a court statement, Au assisted and cooperated with hostile organizations outside Macao for a long period. These groups collected and disseminated political views intended to subvert state power. The statement claimed they conspired to incite hatred among Macao residents against the central government. Their intent was to overthrow and undermine the country's fundamental system.

The court noted that Au acted as a first-time offender. He admitted to a considerable portion of the criminal facts. However, the judges determined that he demonstrated a high degree of intent. They stated that the degree of unlawfulness and the potential consequences of his crimes were very serious.

Virginia Cheang, Au’s wife, released a public letter following the verdict. She expressed hope that authorities would allow the family to exchange letters and visit him regularly without conditions. She described the process from a closed-door trial to a public verdict as a political trial and a groundless persecution.

Au’s daughter, Au Hon I, lives in London. She told The Associated Press that her father is a peaceful family man who cares deeply about Macao. She called the thought of him spending more time in prison unbearable. She noted that a lawyer earlier arranged by the family was unable to see him. She described the ruling as a scary chapter for citizens' rights.

Jorge Menezes, a Portuguese lawyer practicing in Macao, criticized the secret nature of the trial. He pointed out that specific details about the organizations involved were not revealed. He noted that the statement said Au acknowledged some facts, which might lead people to believe he confessed. Menezes argued that this was misleading and violated Au’s dignity.

The court found that Au helped overseas organizations spread false information between 2023 and 2024. The goal was to induce foreign countries to take hostile actions against China and Macao. The court also said that as a lawmaker in 2021, Au leaked confidential information from closed-door committee meetings on gaming license renewals.

Michael Polak, Au’s international counsel, urged Portugal and the European Union to demand that the Portuguese citizen be allowed to leave Macao. He stated that a sentence of that length for someone of that age is effectively a life sentence. He warned that if left in Macao, Au could die in prison.

Au served in the legislature for 20 years before stepping down in 2021. He was a teacher-turned-lawmaker and an organizer of Macao’s commemoration of the 1989 Tiananmen Square crackdown. Before his arrest, he regularly criticized government measures on Facebook and in interviews, though many considered his critiques mild.

The Macao government supported the ruling and urged all sectors to respect it. It said the government 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 said it firmly opposes any external forces using individual cases as a pretext to interfere in Macao's affairs.

Au’s family has been granted permission to visit him regularly. The court appointed a lawyer approved by Au to act for him during the legal proceedings. The next scheduled step involves the family beginning their regular visits to the former lawmaker.