Macau Court Sentences Former Lawmaker Au Kam San to 12 Years 6 Months in First National Security Trial

Macau's Court of First Instance sentenced former legislator Au Kam San to 12 years and 6 months in prison on Friday for subversion of state power. The case is the first known national security trial in the Chinese special administrative region since its national security law took effect in 2009.

Au, 69, was arrested in July 2025 on charges of collusion with foreign forces to endanger national security. He was tried behind closed doors on September 16 and 18. The court found him guilty of subversion, establishing links with foreign groups or individuals to commit activities endangering national security, and violation of secrecy. It acquitted him on two additional subversion counts for insufficient evidence.

The court cited an extremely high degree of intent and exceptionally grave potential consequences. Although Au is a first-time offender and admitted a significant portion of the acts, the judges imposed a consolidated sentence of 12 years and 6 months. The applicable range for the cumulative offenses was between 11 years and 3 months and 19 years and 6 months.

Au served in Macau's legislature for two decades before resigning in 2021. He is a former teacher and helped organize the city's annual commemoration of the 1989 Tiananmen Square events. His wife, Virginia Cheang, described the proceedings as a political trial and groundless persecution in a public letter. She questioned the shift from a closed-door trial to a public verdict.

Human Rights Watch stated that the case was marred by due process violations. The trial was held in secret, and Au was the first person convicted under the law after a 2023 revision that broadened its scope and allowed closed-door proceedings. The revision expanded enforcement powers and lowered thresholds for certain offenses.

The court said Au spread false information in 2023-2024 in an effort to disrupt Macau's 2024 leadership election and worked with hostile organizations abroad. It also found that he leaked confidential information to overseas groups. Local broadcaster TDM reported the verdict and the court's reasoning.

Macau's national security law, modeled in part on Hong Kong's, has been used more actively since the 2023 amendments. Au's conviction is the first under the original 2009 statute or its revised form. The closed-door format limited public observation of evidence and arguments. The sentence length places Au among the longer terms handed down in similar cases in the region.

Au's legislative career spanned periods of both relative openness and increasing restrictions. He resigned in 2021 amid pressure on pro-democracy figures. His involvement in Tiananmen commemorations had already drawn official scrutiny. The 2023 law changes made previously difficult prosecutions easier by expanding definitions of subversion and foreign collusion.

The verdict was delivered publicly after the closed trial. Cheang's letter highlighted the contrast and called the outcome a humiliation of character. No independent observers were present during the evidentiary hearings. The court has not released a full written judgment beyond the summary reported by TDM.

Macau, a former Portuguese colony returned to Chinese administration in 1999, maintains a separate legal system under the "one country, two systems" framework. Its national security law has attracted less international attention than Hong Kong's, in part because earlier prosecutions were rare. Au's case marks a clear application of the expanded statute.

The 12-year-6-month term is near the middle of the available range. Judges noted the high intent and the potential impact on the 2024 election process. Au remains the only person convicted under the law to date. Further cases may follow as authorities apply the revised provisions to other opposition figures or organizers.

Virginia Cheang's public statement is one of the few firsthand accounts available outside official channels. She described the process as persecution rather than ordinary criminal justice. The absence of an open trial has left the specific evidence and legal arguments largely unexamined by outside parties.

The conviction occurs as Macau continues to develop its casino-driven economy under Beijing's oversight. Political activity that authorities view as challenging the political system has faced increasing restrictions since the 2023 amendments. Au's long record as a legislator and organizer made him a prominent target for the first major application of the law.