Macao’s First National Security Case Draws Scrutiny Over Due Process and Judicial Independence

A year after his arrest on national security charges, former Macao pro-democracy lawmaker Au Kam San remains at the center of a case that observers say exposes serious weaknesses in the territory’s judicial system. Au, 69, was detained in July 2025 and is the first person publicly arrested under Macao’s national security law since its enactment in 2009, marking a significant shift in how the Chinese special administrative region handles political dissent.

Prosecutors allege Au provided false information to overseas anti-China organizations to incite hatred against Beijing and Macao’s government. A court upheld an indictment in July charging him with subverting state power, breaching confidentiality, and establishing contact with foreign entities to commit acts endangering national security. Conviction on multiple counts could result in up to 30 years imprisonment.

Au’s family and international observers have raised alarm over restrictions imposed on his legal representation and communications. A lawyer retained by his family was barred from visiting him in prison, and authorities confiscated books related to the 1989 Tiananmen Square movement from his home. His daughter, Au Hon I, reported the family endured extended periods unable to contact him and learned about his preliminary hearing only through court statements.

The appointment of Au’s court-assigned lawyer proceeded without his family’s input, with the judge citing national security interests and a directive from Macao’s national security committee, led by Chief Executive Sam Hou Fai. No trial date has been announced, and Macao law permits judges to conduct proceedings in secret if authorities determine public hearings could compromise national security.

Legal experts contend that Au’s case is even more restrictive than parallel prosecutions in Hong Kong, where over 400 arrests related to national security have occurred since Beijing imposed its own security law in 2020. Jimmy Lai, a former media mogul convicted in Hong Kong, was permitted family prison visits and could hire lawyers of his choice despite other constraints. Macao lawyers require approval from designated judges to participate in national security proceedings, with requests vetted by the security committee.

Jorge Menezes, a Portuguese lawyer practicing in Macao, characterized the legal environment as fundamentally different from Hong Kong’s, citing weaker judicial independence and a legal community reluctant to champion civil rights. He predicted the trial will be “politically conducted,” emphasizing that Macao functions as “the land of silence” where grievances rarely surface publicly.

Au, also a Portuguese citizen, has been denied consular access, a restriction mirroring limitations imposed on British citizen Jimmy Lai. Michael Polak, a barrister representing Au internationally, has called on Portugal and the European Union to intervene. The EU stated that denial of judicial due process violates Au’s rights and pledged to continue raising concerns with Macao authorities.

Au Hon I expressed anguish over her father’s detention and the portrayal of him as a villain despite his decades of public service. She indicated she likely cannot return to Macao without risking detention, casting uncertainty over when she might see her father again. Before his arrest, Au instructed his daughter to continue living her life should he face trouble, guidance she has chosen not to follow.