Key facts
- Former Macao lawmaker Au Kam San is the first person arrested under the region's national security law since its 2009 enactment.
- Au is accused of providing false information to overseas anti-China organizations to incite hatred against Beijing and the Macao government.
- His family reports restrictions on his legal representation and communication, raising concerns about trial fairness.
- A court upheld the indictment on July 2, ruling Au was the perpetrator in offenses including subverting state power.
- The European Union has stated that the denial of judicial due process violates Au's rights.
Au Kam San, a former pro-democracy lawmaker in Macao, is facing the region's first national security case since the law's enactment in 2009. Arrested in July 2025, Au is accused of providing false information to overseas anti-China organizations to incite hatred against Beijing and the Macao government. His family and critics have voiced concerns over the fairness of his trial, citing restrictions on his legal representation and communication.
Au's daughter, Au Hon I, stated that a lawyer chosen by the family was denied access to him and that authorities seized books related to the 1989 Tiananmen Square movement from his home. She described nearly a year of incommunicado detention and the ongoing inability to speak with her father about his case or provide him with legal counsel of their choice.
A preliminary proceeding was held on July 2, where a court-appointed lawyer was approved by Au. The court upheld the indictment, ruling Au was the perpetrator in multiple offenses, including subverting state power. The Macao government did not immediately respond to requests for comment.
Macao, a former Portuguese colony, operates as a special administrative region of China. Au, who served as a lawmaker until 2021, was known for his criticisms of government measures, though they were considered mild by many. Police alleged he colluded with an unspecified anti-China group and provided false and seditious materials online or abroad.
A defendant convicted on multiple charges could face up to 30 years in prison. The court cited national security interests and a binding opinion from the city's security committee in approving the lawyer. Macao law permits closed-door proceedings if public hearings could harm national security.
Critics note that Au's situation appears more difficult than cases in Hong Kong, where over 400 arrests have been made under its national security law. For instance, former media mogul Jimmy Lai, despite receiving a harsh sentence, could receive family visits shortly after his arrest and hire lawyers of his choice, though a British lawyer was blocked from representing him.
Michael Polak, a barrister representing Au internationally, stated that the Portuguese consulate was denied access to Au, who is also a Portuguese citizen. Polak urged Portugal and the EU to address the case. The EU confirmed it is raising concerns directly with Macao authorities regarding the denial of judicial due process.