Macau's Primary Court sentenced former legislator Au Kam San to 12½ years in prison on Friday (6 November) in the city's first case under its national security law.
Au, 69, was convicted of subverting state power, establishing links with organisations outside Macau to endanger national security, and breaching confidentiality. He is expected to remain in prison until 2039, when he will be 82.
His wife, Virginia Cheang Mio San, issued an open letter after the verdict, saying she could not accept the ruling. She criticised the case as a political trial and “persecution on fabricated grounds that demeans one’s dignity”.
According to the court's published reasons for its ruling, Au was accused of helping organisations outside Macau collect and disseminate information between 2023 and 2024 that advocated the subversion of state power, was false or had been distorted.
His intention in doing so, according to the court, was to incite hatred of the central government among Macau residents and undermine the country's fundamental system.
The court also found that, while serving as a legislator in 2021, Au had leaked confidential information about the renewal of casino licences to organisations outside Macau. He had obtained the information during closed-door meetings of the Legislative Assembly's Follow-up Committee for Land and Public Concession Affairs.
The panel of judges said that although Au was a first-time offender and had admitted some of the facts of the offences, his degree of criminal intent was extremely high and the potential consequences of his actions were serious, warranting a lengthy prison sentence.
In a statement issued after the verdict, the Macau government said it respected and supported the court's ruling in accordance with the law. It said the Primary Court had heard the case independently and fully safeguarded the lawful rights of the defendant and other participants in the proceedings.
The special administrative region's government said safeguarding national security was Macau's constitutional responsibility. It would continue to strictly enforce the national security law, prevent and punish acts endangering national security in accordance with the law, and strengthen education on national security and the rule of law.
China's State Council Hong Kong and Macao Affairs Office published an article on Friday under the pen name “Peace in Hong Kong and Macau”.
It criticised Au for “using the so-called banners of ‘democracy’ and ‘freedom’ to collude over a prolonged period with external forces to oppose China and destabilise Macau, seriously endangering national security and seriously undermining Macau's prosperity and stability. His offences are plain for all to see.”
The article also said that, during the trial, anti-China elements seeking to destabilise Macau and hostile external forces had “made unwarranted comments and openly interfered”.
It added, “This exposes the true nature of Au's collusion with external forces, confirms the conclusive evidence of his crimes, and shows people that Macau is by no means free from threats.”
Au served in Macau's Legislative Assembly for 20 years and was a leading figure in the city's pro-democracy camp. He left the legislature in 2021.
He was arrested in July last year and formally charged by prosecutors in March this year with three counts of subverting state power, three counts of establishing links with organisations, groups or individuals outside Macau to carry out acts endangering national security and one count of breaching confidentiality.
The case was heard behind closed doors at Macau's Primary Court on 16 and 18 September this year. On Friday, the panel acquitted Au of two counts of subverting state power.
It imposed no separate punishment for one charge involving external links because it legally overlapped with a subversion offence arising from the same facts. He was convicted of the remaining four charges.
Dr Chan Choi-hi, chairman of the Hong Kong Institute of Public Governance, told Lianhe Zaobao (LHZB) that, apart from Au, other individuals or groups in Macau may also have previously engaged in conduct suspected of breaching the national security law.
As the first case under the law, Au's case was a landmark, and the ruling was likely to have a strong deterrent effect, Chan said.
He believed this did not necessarily mean there would be less diversity of views in Macau.
However, the Macau government needed to review its existing mechanisms for gathering public opinion and assess how it could more effectively collect and reflect residents' views under the new political circumstances.
