Raul Delapena Setiawan
Macau’s judicial authorities have announced that the former pro-democracy lawmaker, Au Kam San, will face the territory’s first national security trial behind closed doors next week. The proceedings, scheduled to commence on September 16, mark a significant moment in the evolution of national security legislation in the Chinese casino hub and have sparked apprehension among legal experts and human rights advocates regarding transparency and due process.
Au Kam San, a 69-year-old former primary school teacher and one of Macau’s longest-serving pro-democracy legislators before stepping down in 2021, was arrested in July 2025. He stands accused of "subversion" and other crimes, with authorities alleging ties to foreign groups deemed to be endangering China’s national security. This arrest makes him the first individual to be prosecuted under Macau’s expanded national security laws, which were significantly broadened in May 2023.
The decision to conduct the trial in camera, a practice previously not utilized for national security cases in Macau, stems from a recent amendment to the national security law. A new bill, passed earlier this year, empowers judges to hold such trials behind closed doors to "ensure that national security interests are not compromised," according to a statement released by Macau’s final appeals court. This justification has drawn criticism, with lawyers and rights groups arguing that such a broad provision could potentially be applied to "any judicial case" and fundamentally undermine the functioning of government departments by limiting public scrutiny.
A Widening National Security Net
The legal framework governing national security in Macau has undergone a significant transformation in recent years, mirroring trends seen in mainland China and Hong Kong. In May 2023, the territory enacted a new national security law that expanded the definition of national security offenses and increased penalties. This legislation was followed by the aforementioned bill allowing for closed-door trials in national security cases.
Critics argue that these measures represent a curtailment of civil liberties and a move towards greater authoritarian control. The broad scope of offenses under these laws, including "subversion," carries a potential maximum prison sentence of 25 years, as stipulated by Macau’s security law. The lack of transparency inherent in closed-door trials raises concerns about the ability of the public and international observers to monitor the fairness and impartiality of the proceedings.
The Case of Au Kam San: A Precedent Setting Trial
Details surrounding the charges against Au Kam San have remained largely opaque since his arrest. It was not until July of this year that judicial authorities publicly confirmed he would stand trial as a "principal offender." The court’s statement indicated that the decision to hold the trial behind closed doors was confirmed by Macau’s national security committee, following a request from the city’s public prosecutions office.
Michael Polak, a London-based barrister representing Au, has been vocal in his criticism of the proceedings. Earlier this year, he stated that the authorities’ appointment of a state lawyer for Au did not address the "fundamental deficiencies" in the case, which he described as having "all the appearances of a show trial." Polak further highlighted that Au, who is a Portuguese national, has been held incommunicado for a year, denied access to his family and an independent lawyer.
Au’s daughter, Cherry, has echoed these concerns, stating that the family is not permitted to visit or communicate with her father. In a statement released in July, she expressed the family’s plea for "a fair trial, due process, and for his more than three decades of dedication to the people of Macau not to be erased or forgotten." The legal team has also pointed out that Au’s long-term dedication to public service in Macau, spanning over three decades, stands in stark contrast to the serious charges he now faces.
Chronology of Events
- May 2023: Macau expands the scope of its national security laws.
- Early 2024: A new bill is passed, allowing judges to hear national security cases behind closed doors.
- July 2025: Former lawmaker Au Kam San is arrested under the expanded national security law, accused of ties to foreign groups endangering China.
- July 2026: Judicial authorities in Macau confirm Au Kam San will stand trial for subversion and other crimes.
- August 2026 (this week): Macau’s final appeals court announces that Au Kam San’s trial will be held behind closed doors.
- September 16, 2026: The trial is scheduled to commence.
Broader Implications and Concerns
The decision to hold Macau’s first national security trial behind closed doors sends a chilling signal about the future of judicial transparency and political freedoms in the territory. While Macau has historically maintained a degree of autonomy, particularly in its legal system under the "one country, two systems" principle, the increasing alignment with mainland China’s security apparatus is a cause for concern.
The broad interpretation of national security offenses and the move towards opaque judicial processes can have a chilling effect on dissent and free expression. The case of Au Kam San, a prominent figure in Macau’s pro-democracy movement, is seen by many as a test case for the territory’s commitment to rule of law and human rights.
Human rights organizations have consistently voiced concerns about the erosion of freedoms in regions that have adopted similar national security legislation. The lack of public access to trials, the potential for politically motivated prosecutions, and the denial of independent legal counsel are all hallmarks of systems where due process is compromised. The legal representation appointed by the court, while formally fulfilling a procedural requirement, is unlikely to satisfy demands for an independent and impartial defense, especially when the accused has expressed a desire for counsel of his choosing.
The international community will be closely watching the proceedings, not only for the outcome of Au Kam San’s case but also for what it signifies about Macau’s trajectory. The territory, renowned for its vibrant tourism and gaming industry, now faces scrutiny over its commitment to fundamental legal principles and the protection of civil liberties in an era of heightened national security concerns. The implications extend beyond Macau, as it contributes to a broader narrative about the evolving political landscape in the region and the delicate balance between state security and individual freedoms. The denial of access to family and an independent lawyer, as highlighted by Au’s legal team, further exacerbates concerns about potential violations of international human rights standards, particularly regarding the right to a fair trial and access to justice.
Rifan Muazin
Suro Senen
