HONG KONG (AP) — Macao pro-democracy former lawmaker Au Kam San was sentenced to 12 1/2 years in prison Friday in the Chinese casino hub’s first national security case following a closed-door trial that raised concerns about fairness.
Au’s arrest last year was the first publicly known prosecution under Macao’s national security law since it was enacted in 2009. A Macao court found him guilty of subverting state power, breaching confidentiality and establishing contact with organizations, groups or people outside Macao to commit acts endangering national security.
Critics said his case reflected Beijing’s emphasis on security and intolerance of dissent, even though Macao’s pro-democracy movement has never been as influential as that in neighboring Hong Kong.
The 69-year-old assisted and cooperated with “hostile organizations” outside Macao for a long period of time in collecting and disseminating political views laden with ideas of subverting state power and false information, according to a court statement. They conspired to incite hatred among Macao residents against the central government, with an intent to overthrow and undermine the country's fundamental system, it said.
“Although the defendant is a first-time offender and admitted to a considerable portion of the criminal facts, he demonstrated a high degree of intent. The degree of unlawfulness and the potential consequences of his crimes are both very serious," the statement said.
Au's wife says it's a groundless persecution
In a public letter, Au’s wife, Virginia Cheang, wrote that she only hoped authorities would allow his family to exchange letters with Au and visit him regularly without conditions.
“From a closed-door trial to a public verdict, what kind of operation is this? It's a political trial and it's a groundless persecution to humiliate one's character,” Cheang said.
Au’s daughter in London, Au Hon I, previously told The Associated Press that a lawyer found by the family was not allowed to see him in prison and that her family could not speak with him for almost a year.
The court said a lawyer approved by Au was appointed to act for him during the legal proceedings, and that he had exercised his right to a defense. The court also approved his family’s request to visit him regularly.
Jorge Menezes, a Portuguese lawyer who practices in Macao, said the trial was in secret and that specific details — which organizations were involved and what information Au had provided to them — were not revealed. Menezes noted the statement said Au had acknowledged some facts and it might have led people to believe he had confessed to the crimes.
“From what I see, he did not plead guilty. Otherwise, they would have said. So this is misleading and unfortunate,” he said. "It violates his dignity."
He said Au's case was used to send a message to Macao residents that it was about anyone who challenges the authorities. The case could also carry a message for Hong Kong because Macao is “a sort of laboratory” for the financial hub in situations like this.
Michael Polak, Au's international counsel, said Au, a Portuguese citizen, should never have been detained for his non-violent beliefs, urging Portugal and the European Union to demand that he be allowed to leave Macao.
“What has taken place in relation to the manufactured allegations against Mr Au cannot be described as a trial or conviction in any meaningful sense of those words and brings Macao in line with the most repressive states around the world,” he said.
The court found Au colluded with multiple overseas groups
Macao is a former Portuguese colony that has operated, like Hong Kong, as a special administrative region since its return to Chinese rule in 1999. It has its own political and legal systems and Macao is the only Chinese city where casino gambling is legal. It has resorts run by affiliates of the American gaming giants MGM Resorts, Las Vegas Sands and Wynn Resorts.
The court found that Au helped overseas organizations spread false and distorted information between 2023 and 2024 to induce foreign countries to take hostile actions against China and Macao, incite hatred against the central government and undermine the smooth running of the 2024 city leader election.
As a lawmaker in 2021, Au leaked to overseas groups confidential information obtained during closed-door committee meetings over the renewal of gaming licenses, it added.
Au’s trial was held behind closed doors in September.
The court earlier said the judge decided against an open trial to ensure that national security interests would not be undermined.
Au was seen as a mild pro-democracy activist
Au, a teacher-turned-lawmaker, served in the legislature dominated by Beijing loyalists for 20 years before stepping down in 2021. Au was also an organizer of Macao’s commemoration of the 1989 Tiananmen Square crackdown in Beijing.
Au said he entered politics as he saw many social problems in daily life that required people to speak out. He said the Tiananmen Square pro-democracy movement in 1989 brought him and his like-minded friends together, and he later felt Macao needed people to push forward an open and democratic society.
Before his arrest, Au was a rare voice in Macao who regularly criticized government measures and political development on Facebook and in interviews, although many considered his critiques to be mild.
But the Macao government supported the ruling, urging all sectors to respect it. It said the government will 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. It said the ruling also reminded people to remain vigilant about the risks even in times of stability.
The Chinese foreign ministry said it firmly opposes any external forces using individual cases as a pretext to interfere in Macao's affairs.
