HONG KONG (AP) — When former Macao pro-democracy lawmaker Au Kam San was arrested in July 2025, his family and observers of the politics in the Chinese special administrative region were shocked. A year on, little is known about his case even by his daughter.
Au is the first publicly known arrest under Macao’s national security law since its 2009 enactment and critics say his case signals Beijing’s emphasis on security and intolerance of dissenting voices, even though Macao’s pro-democracy activism has never been as influential as the movement in neighboring Hong Kong.
Au is accused of providing false information to anti-China organizations overseas to incite hatred against Beijing and the government in Macao, which has become a Chinese casino hub.
He has faced several restrictions since his arrest including the choice of a lawyer, raising concerns over the fairness of a future trial.
Au’s daughter in London, Au Hon I, said a lawyer found by the family was not allowed to see him in prison and authorities seized books from his home linked to the 1989 Tiananmen Square pro-democracy movement.
“For almost a year my family could not speak with my father as he was kept in cruel incommunicado detention,” she said. “Now we are still unable to speak to him about his case nor provide him with a lawyer so he can properly fight his case.”
The family learned through a court statement that the 69-year-old had a preliminary proceeding on July 2, she said. The statement said his lawyer was appointed by the court and approved by Au.
“He always believed in the justice system of Macao,” his daughter said. “He believed it so much that he feels that he will be protected by the very own justice system that is putting him in where he is right now.”
The Macao government did not immediately respond to a request for comment.
Au accused of assisting anti-China 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. Au served as a lawmaker in the legislature dominated by Beijing loyalists before stepping down in 2021.
Prior to his arrest, Au remained a rare voice who regularly criticized government measures and political development on Facebook and in interviews, although many considered his critiques to be mild.
When he was arrested, police alleged Au had colluded with an unspecified anti-China group outside the city and provided false and seditious materials for public display online or abroad. He also was accused of maintaining long-term contact with multiple entities beyond Macao that oppose China and repeatedly providing false information to them or their media outlets.
A court upheld the indictment on July 2, ruling Au was the “perpetrator” in multiple offenses including subverting state power, breach of confidentiality and establishing contact with organizations, groups or people outside Macao to commit acts endangering national security.
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A defendant convicted on multiple charges could face up to 30 years in prison.
The judge also approved the appointment of Au’s lawyer, citing the need to protect national security interests and a binding opinion issued by the city’s national security committee, which is led by Macao Chief Executive Sam Hou Fai.
The court said Au’s rights were ensured by law. The prosecution office website said this kind of preliminary hearing is not open to the public.
There was no indication whether the trial would be public and a date was not announced. Macao law allows judges to hold proceedings behind closed doors when the court and the security committee decide hearing a case publicly could harm national security.
Macao’s treatment of Au differs from Hong Kong cases
While Au’s case has no precedent in Macao, Hong Kong has made over 400 arrests linked to acts alleged to endanger national security and convicted more than 180 people under a yearslong crackdown that began after Beijing imposed a national security law in 2020.
Critics say Au’s situation, in some ways, is even more difficult than Hong Kong cases.
Former media mogul and pro-democracy activist Jimmy Lai was arrested in 2020. But even Lai, who received the harshest sentence of 20 years imprisonment, could receive visits in jail from his family shortly after he was locked up. While a British lawyer was blocked from representing Lai, he was able to hire other lawyers of his choice.
“It’s much worse than Hong Kong,” Au Hon I said of her father’s case.
Michael Polak, a barrister who represents Au overseas, said the Portuguese consulate requested but was denied access to Au, who also is a Portuguese citizen. That situation is similar to Lai, a British citizen denied U.K. consular access because China does not recognize dual nationality.
Polak called on Portugal and the European Union to speak up about Au’s case. The Portuguese consulate did not immediately respond to a request for comment. The EU said in a statement that denial of judicial due process violates Au’s rights and it continues to raise concerns directly with Macao authorities.
Macao and Hong Kong have distinct legal landscapes
Macao lawyers need approval from designated judges to participate in proceedings considered necessary for national security protection and the requests are vetted by the security committee.
Jorge Menezes, a Portuguese lawyer who practices in Macao, said while Hong Kong’s security law was implemented more forcefully, the former British colony’s courts still have a strong tradition of separation of powers.
Lawyers in Macao typically don’t fight for civil rights in the same way as their peers in Hong Kong and judges are less independent, he said.
“The trial itself will be a farce,” Menezes said. “It’s a politically conducted trial.”
Hong Kong has a more influential legal community, while Macao is “the land of silence” where complaints are less likely, he said.
Urania Chiu, a lecturer in law at Oxford Brookes University in England, said clear comparisons between Hong Kong and Macao are difficult because Au is the first person arrested under the casino city’s security law.
Still, Chiu pointed to the inability of journalists to learn details of Au’s case and his family’s difficulties in contacting him, noting “the complete secrecy that all of these procedures have been conducted in.”
Au’s case takes a toll on his family
Au Hon I said she was saddened to see her father portrayed as “a villain” even though he had spent much of his life putting the needs of others above his own.
“Seeing all that, like kind of like swept away, it’s really heartbreaking,” she said.
Before his arrest, her father told Au not to mind him and “live your life” if he encountered trouble. She isn’t leaving him alone, but that comes with a cost.
“I don’t think it would be wise for me to set foot in Macao again, which is also very sad because I don’t know when I could ever see my dad again,” Au said as she wept.
