Concerns Grow Over Fairness in Macao's First National Security Case
Au Kam San, a former pro-democracy lawmaker in Macao, was arrested in July 2025 under the region's national security law, marking a significant moment in the enforcement of this legislation. His arrest shocked many, including his family, as details surrounding his case remain largely undisclosed. Au is accused of providing false information to anti-China organizations abroad, allegedly inciting hatred against Beijing and the Macao government, which has become a major casino hub. Since his arrest, Au has faced numerous restrictions, including limitations on his choice of legal representation, raising serious concerns about the fairness of his upcoming trial.
Au's daughter, Au Hon I, who resides in London, expressed her distress over the lack of communication with her father, stating that a lawyer chosen by the family was denied access to him in prison. Authorities also confiscated books from Au's home that were linked to the 1989 Tiananmen Square pro-democracy movement. For nearly a year, the family has been unable to speak with Au, who is currently in incommunicado detention. They learned through a court statement that a preliminary proceeding took place on July 2, where a court-appointed lawyer was approved to represent him.
Despite his situation, Au reportedly maintained faith in Macao's justice system, believing it would protect him. However, the lack of transparency surrounding his case has raised alarms. The Macao government has not responded to requests for comment regarding the case. Since its return to Chinese sovereignty in 1999, Macao has operated as a special administrative region, similar to Hong Kong, but Au's arrest marks the first known application of the national security law enacted in 2009.
Prior to his arrest, Au was a vocal critic of government policies, often expressing his views on social media. He is accused of colluding with unspecified anti-China groups and disseminating seditious materials. The court has upheld charges against him, including subversion of state power, which could result in a lengthy prison sentence of up to 30 years.
The legal proceedings surrounding Au's case have drawn comparisons to those in Hong Kong, where over 400 arrests have been made under similar national security laws since 2020. Critics argue that Au's situation is even more dire, as he has faced harsher restrictions than some high-profile cases in Hong Kong, such as that of media mogul Jimmy Lai, who was able to receive family visits shortly after his arrest.
Michael Polak, a barrister representing Au internationally, noted that the Portuguese consulate has been denied access to him, despite his citizenship. This situation mirrors that of Lai, who was also denied consular access due to China's stance on dual nationality. Polak has called for the Portuguese government and the European Union to advocate for Au's rights, emphasizing the denial of due process.
Legal experts have pointed out that while Hong Kong's courts have a stronger tradition of independence, Macao's legal system is less robust, with lawyers requiring approval to participate in national security-related proceedings. Jorge Menezes, a Portuguese lawyer in Macao, described the trial as likely to be politically motivated, suggesting that it would lack the fairness expected in a judicial process.
Urania Chiu, a law lecturer at Oxford Brookes University, highlighted the secrecy surrounding Au's case, noting the challenges faced by journalists and his family in obtaining information. Au Hon I expressed her heartbreak over her father's portrayal as a villain, emphasizing his commitment to helping others throughout his life. She lamented the personal cost of her father's situation, acknowledging the difficulty of potentially never seeing him again due to the political climate in Macao.
