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Macao judge hands 69-year-old former lawmaker 12.5-year prison term

The verdict in the city's first national security case follows a secret trial that family members and legal experts described as opaque and politically motivated.

By Austin Reed ·

Illustration for: Macao judge hands 69-year-old former lawmaker 12.5-year prison term
Illustration generated for this article, not a news photograph.

A 69-year-old former member of the Macao legislature will spend the next 12.5 years in prison after a local court convicted him of subverting state power. The sentencing on Friday marks the first public prosecution under the city’s national security law, a statute enacted in 2009 that had not previously been used against a local politician.

The court found Au Kam San guilty of breaching confidentiality and maintaining contact with outside groups to commit acts that endangered national security. According to a written statement from the court, Au assisted hostile organizations for an extended period. The document stated that he collected and disseminated political views intended to subvert state power and spread false information. The court noted that while Au admitted to some criminal facts, he demonstrated a high degree of intent. The judge determined that the unlawfulness of his actions and their potential consequences were very serious.

The trial took place behind closed doors in September. A judge ruled that an open hearing could undermine national security interests. The court stated that it appointed a lawyer to represent Au and that he exercised his right to a defense. It also approved the family’s request for regular visits. Despite this, Au’s wife, Virginia Cheang, issued a public letter calling the process a political trial. She described the case as groundless persecution designed to humiliate her husband’s character.

Au’s daughter in London, Au Hon I, told the Associated Press that the ruling sets boundaries for what citizens can do. She said the family’s previously arranged lawyer was unable to see her father. She described the situation as a scary chapter for Macao residents, noting that the city no longer feels like a safe space. A Portuguese lawyer practicing in Macao, Jorge Menezes, said the trial was held in secret and that specific details about the involved organizations were not revealed. He argued that the court’s statement that Au acknowledged some facts was misleading because it did not explicitly say he pleaded guilty.

Michael Polak, who serves as Au’s international counsel, urged Portugal and the European Union to demand that the Portuguese citizen be allowed to leave Macao. Polak stated that a sentence of that length for a man of that age is effectively a life sentence. He warned that Au could die in prison if he remains in the city. The European Union deplored the sentencing, saying the conviction confirmed the erosion of political pluralism and freedom of speech in the region.

The court stated that between 2023 and 2024, Au helped overseas groups spread distorted information to induce foreign countries to take hostile actions against China. It also found that he leaked confidential information about gaming license renewals to those groups while serving in the legislature in 2021. Au served in the Macao legislature for 20 years before stepping down in 2021. He had been a teacher before entering politics and was known for organizing commemorations of the 1989 Tiananmen Square crackdown.

The Macao government supported the ruling and urged all sectors to respect it. It stated that it would continue to strictly enforce the security law. Beijing’s Hong Kong and Macao Affairs Office said the ruling demonstrated the city’s resolve to safeguard national security. China’s Foreign Ministry said it firmly opposes external forces using individual cases as a pretext to interfere in Macao's affairs.

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