HONG KONG — Macao pro-democracy former lawmaker Au Kam San was sentenced to 12½ 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 that 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.
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'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, told The Associated Press that her father is a peaceful family man who cares deeply about Macao, and the thought of him spending more time in prison without having done anything criminal was unbearable. She said that a lawyer earlier arranged by her family wasn't able to see him.
She felt that the ruling was setting boundaries of what citizens can do and what rights they have, saying "it's a very scary chapter that they're starting."
"It just doesn't feel like a safe space anymore being in Macao. And it's very heartbreaking," she said.
The court said that 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 that the trial was held in secret and that specific details — which organizations were involved and what information Au had provided to them — weren't revealed. Menezes noted that the statement said that Au had acknowledged some facts and it might have led people to believe that 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 that 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, urged Portugal and the European Union to demand that Au, a Portuguese citizen, be allowed to leave Macao.
"A sentence like that for someone of that age is a sentence for life," he said. "If he was left in Macao, he could die in prison."
The court found Au colluded with multiple overseas groups
Macao 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 companies 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 said.
Au's trial was held behind closed doors in September.
The court earlier said that the judge decided against an open trial to ensure that national security interests wouldn't 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 that he entered politics because he saw many social problems in daily life that required people to speak out. He said that 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 developments 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 that the government would continue to strictly enforce the security law.
Beijing's Hong Kong and Macao Affairs Office said that the ruling demonstrated Macao's firm resolve in safeguarding national security. It said that the ruling also reminded people to remain vigilant about the risks even in times of stability.
China's Foreign Ministry said that it firmly opposes any external forces using individual cases as a pretext to interfere in Macao's affairs.
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