Ex-lawmaker Au Kam San arrested in Macau's first national security case

Au has remained a vocal critic of the Macau government's policies since retiring from the Legislature

Originally published on Global Voices

Au Kam San. Photo from Au Kam San's Facebook page.

Macau veteran democrat and ex-lawmaker Au Kam San was arrested on July 30 on allegations of having foreign ties that endanger national security and spreading false and seditious information. 

Au’s arrest marks the first national security case since the casino hub enacted the national security law on March 3, 2009.  

According to the Macau Police’s statement issued on July 31, a 68-year-old resident, surnamed Au, was suspected of having ties with an overseas anti-China organization since 2022, and had provided the organization with false and seditious information for overseas and online exhibition. In addition, he was also alleged to have long-term contacts with multiple overseas anti-China entities, and repeatedly provided false information to their media outlets for dissemination, thereby inciting hatred against the Macau and Central Chinese governments, disrupting Macau’s 2024 Chief Executive election, and causing foreign countries to take hostile actions against Macau.

On the same day, the Judiciary Police transferred Au to the Public Prosecutions Office for investigation on charges of “establishing links with organizations, groups, or individuals outside Macau to engage in acts endangering national security” under Macau’s National Security Law.

Local media outlets later identified the suspect as ex-lawmaker Au Kam San, who had served Macau as a member of the city council between 1993 and 2001 and a member of the legislature between 2001 and 2021. Upon retiring from public office, Au has remained a vocal critic of the Macau government's policies, such as the importation of labor and the investment plan in Hengqin.

During the 2024 Macau Chief Executive Election, Au highlighted the sole candidate Sam Hou Fai’s Beijing affiliation and suggested that Sam would dutifully follow the Central Government’s development plan for the gambling city.

Since Macau was a former colony of Portugal before it was handed over to China in 1999, and Au is also a Portuguese citizen, the European Union (EU) issued a statement condemning the arrest, highlighting that the application of national security law marks “the ongoing erosion of political pluralism and freedom of speech in Macao.” It also reminded the Chinese authorities that “the respect for human rights and fundamental freedoms is a central element of the Macao Basic Law and ‘one country, two systems.’” One country two systems is a constitutional principle in China which names Hong Kong and Macau as overseas Chinese territories with political and electoral autonomy. In the last five years, much of this autonomy has been eroded as the PRC has tightened its hold on both territories.  

In response to the EU statement, the Macau government said it “strongly deplores” the EU’s remarks and stressed that the authorities will handle the case “strictly according to the law.”

In 2021, the EU was alerted by the Macau authorities’ decision to disqualify 21 pro-democracy candidates from running in the Legislative Assembly election. It criticized the move, saying it would undermine political pluralism and curtail democratic debate in the city.

Last month, 12 candidates were barred from running in the upcoming September Legislative elections over loyalty criteria after the amendment of the electoral rule in 2024. Since the 12 candidates are not affiliated with conventional pro-democracy groups, their disqualification has triggered public outrage, with some questioning the criteria of the loyalty vetting. 

Au Kam San is one of the critics. For example, in his Facebook post on July 16, he compared the 2021 and 2025 disqualification practices:

四年前被DQ的人，在政治光譜上，不管是民主派抑或自由開放陣營，都可說是異見份子，經常尖銳批評政府。而四年後被DQ的，基本是建制派的外圍，連異見份子都說不上。而當局還是要出重招DQ，這才彰顯出在所謂「愛國者治澳」的愰子下，不單止行政長官要繼續小圈子，連立法會都要「完善」到變成小圈子。

與四年前相比，因為當年針對DQ還可以提出司法上訴 […] 當局必須拿出足夠論據證明被DQ者有「不擁護」「不效忠」的行為，法院才好配合那場大戲。但經過去年的立法會選舉法修改，當選管會根據國安委那個有約束力的意見「依法」決定某一參選人不具備參選資格時，被DQ者竟然是「依法」「不得向選舉管理委員會提出聲明異議或向法院提起司法上訴」

Four years ago, those who were disqualified were, on the political spectrum, dissidents who frequently criticized the government, whether they were democrats or members of the liberal camp. Those disqualified four years later, however, are largely peripheral figures within the establishment camp and cannot even be called dissidents. Yet the authorities still disqualified them heavy-handedly. Such act indicates that under the so-called ‘patriots governing Macau’ framework, not only does the election of Chief Executive need to be restricted, but the Legislative Assembly election must also be ‘improved’ to confine itself in a small circle.

Compared to four years ago, back then, those disqualified could still file a judicial appeal […] the authorities had to present sufficient evidence to prove that the disqualified individuals’ behaviour were not ‘allegiant’ or ‘loyal’ enough, so that the courts could play along with the charade. However, following last year's amendment to the Legislative Council Election Law, when the Election Management Committee decides, based on the binding opinion of the National Security Committee, that a candidate does not meet the eligibility criteria, the disqualified candidate is ‘legally’ prohibited from submitting a statement of objection to the Election Management Committee or filing a judicial appeal with the court.

Au is facing up to 10 years in prison under the foreign collusion charge. His wife is listed as the case’s witness, although she told the press that she had no idea why her husband was alleged to have violated the national security law.