Former pro-democracy lawmaker Au Kam San was arrested in July 2025 under Macao’s national security law, marking the first publicly known case since the law was implemented in 2009. The circumstances surrounding his detention have raised concerns about the fairness of legal proceedings in the Chinese special administrative region, where little pro-democracy activism exists compared to neighboring Hong Kong.

Au, 69, faces a range of charges including subversion of state power, breach of confidentiality, and alleged collusion with unspecified anti-China organizations outside Macao. Authorities accuse him of disseminating false information intended to incite hatred toward Beijing and the Macao government, a claim Au and his supporters deny. The indictment, upheld by a court on July 2, stipulates that a conviction could result in a prison sentence of up to 30 years.

Since his arrest, Au has been subject to several restrictions, including limitations on his choice of legal counsel. A court-appointed lawyer, rather than one selected by Au or his family, is representing him amid concerns that this arrangement prioritizes security considerations over legal fairness. His family has reported difficulties in maintaining contact; Au’s daughter, Au Hon I, based in London, has said that a lawyer initially chosen by the family was denied access, and that officials confiscated books relating to the 1989 Tiananmen Square pro-democracy movement from Au’s residence. She described her father’s detention as “cruel incommunicado detention” and expressed frustration at the lack of transparency regarding his case.

Macao’s national security committee, headed by Chief Executive Sam Hou Fai, plays a central role in overseeing cases deemed sensitive to national security and approves legal appointments related to such trials. Preliminary hearings, like the one Au underwent in early July, are held behind closed doors and are not open to the public, reflecting Macao’s stringent legal framework for handling these cases. The government has not publicly commented on Au’s situation.

Macao, a former Portuguese colony that returned to Chinese sovereignty in 1999, differs from Hong Kong in both the scale of pro-democracy activism and its legal environment. While Hong Kong has seen extensive national security-related arrests—more than 400 since 2020 with over 180 convictions—Macao has maintained a quieter profile. Some observers argue that the legal restrictions in Macao may be stricter, noting less judicial independence and limited avenues for civil rights advocacy. Portuguese legal experts have criticized the proceedings as politically motivated and lacking adequate transparency.

Au Kam San is also a Portuguese citizen, and the Portuguese consulate reportedly requested access to him but was denied. This denial mirrors cases in Hong Kong where foreign consular access is restricted due to China’s non-recognition of dual nationality. The European Union has publicly expressed concern over these developments, emphasizing that the denial of due process contravenes Au’s rights and continues to raise the issue with Macao officials.

For Au’s family, the case has taken an emotional toll. His daughter recalled her father’s lifelong commitment to public service and lamented the negative portrayal he has endured since his arrest. She also expressed deep uncertainty about when, or if, she might see him again, saying she fears returning to Macao could endanger her own freedom.