Former Portuguese politician Au Kam San sentenced to 12-and-a-half years in prison in Macau
Macau's Basic Court has sentenced Au Kam San for subversion and links to foreign organisations. This is the first case tried under the State Security Law in the Macau SAR.
First conviction under the State Security Law in Macau's history
The Basic Court (TJB) of Macau sentenced the pro-democracy former legislator and Portuguese citizen Au Kam San on Friday to a single sentence of 12 years and six months imprisonment. The offences include subversion against the power of the State, establishment of links with external organisations and breach of secrecy. According to SIC Notícias, this is the first case brought under the State Security Law since the creation of the Macau Special Administrative Region (SAR).
The sentence was read on Friday at 10:00 local time — 02:00 in Lisbon — in a public session of the TJB, contrasting with the trial, which took place behind closed doors over just three days in order to avoid, according to the authorities, "prejudice to the interests of State security". Only four accredited news organisations were present, and the Lusa news agency was unable to attend the reading of the ruling.
Collaboration with foreign organisations and "subversive" content
In the statement relating to the ruling — the evidential grounds were not made public — the panel of judges held that Au Kam San "assisted for a long time and personally cooperated with hostile organisations outside" in the collection and dissemination of content that contained "manifestly subversive political positions" and information that was "false and clearly distorted". The names of the organisations involved were not disclosed by the court.
The panel found proven one offence of subversion against the power of the State and two offences of establishing links with organisations, groups or individuals outside Macau for the purpose of engaging in acts that would endanger State security. According to the decision, the defendant's actions aimed to "incite Macau residents to hate the Central People's Government" and to "overthrow or destroy the fundamental system of the State established by the Constitution of the People's Republic of China".
The court also noted that the conduct attributed "continued, even after the entry into force", in 2023, of the revision of the State Security Law.
Breach of secrecy relating to gaming concessions
The judges also concluded that Au Kam San disclosed to external entities "confidential content" obtained during his term as a legislator in the Legislative Assembly, relating to a closed-door meeting concerning the renewal of gaming concessions. The panel found the elements of the offence of breach of secrecy to be satisfied.
Partial acquittal by application of the presumption of innocence principle
Nevertheless, Au Kam San was acquitted of two charges of subversion against the power of the State. The court found that doubts persisted as to whether the facts in question reached the degree of gravity required for that type of offence, applying the principle "in dubio pro reo". Those charges concerned alleged contacts and collaboration with various foreign organisations between 2023 and 2024, including actions that, according to the judges, sought to "provoke hostile acts by foreign States against the People's Republic of China and the SAR" and "disrupt the smooth conduct of the election" of the current Chief Executive, Sam Hou Fai.
Individual sentences and legal aggregation
In individual terms, Au Kam San was sentenced to 11 years and three months imprisonment for the offence of subversion; to three years and nine months for each of the two offences of links with external organisations; and to nine months for the offence of breach of secrecy. The legal aggregation of the sentences could reach 19 years and three months, but the court set the single sentence at 12 years and six months.
In the judgment, the panel acknowledged that the defendant was a first offender and that he "admitted a significant portion of the facts". However, the judges considered that Au displayed a "very high degree of criminal intent" and that the unlawfulness of the offences and their potential consequences were "extremely grave".
Macau Government supports the ruling
In response to the decision, the Government of the SAR stated that it "respects and supports" the ruling handed down by the TJB. In a statement released shortly after the reading of the sentence, the Executive stressed that the court tried the case "independently and in accordance with the law", fully guaranteeing "the legitimate rights of the defendant and of the other procedural participants".
The Government also appealed to "different sectors of society" to "respect the court's decision" and to support the judicial authorities in the exercise of their functions, so as to safeguard "judicial justice and the tradition of the rule of law". The Executive reiterated that the defence of State security constitutes a "constitutional duty" of the SAR and guaranteed to maintain a "firm and unwavering" position on this matter, whilst simultaneously ensuring respect for judicial independence.
Source: SIC Notícias