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China sentences former Macao pro-democracy lawmaker Au Kam San to 12.5 years; HRW calls charges "baseless"

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Beijing | November 11, 2026 1:41:37 PM IST
A former pro-democracy lawmaker in Macao has been sentenced to 12.5 years in prison on national security charges, triggering criticism from Human Rights Watch (HRW), which has described the prosecution as baseless and called for his immediate and unconditional release.

According to a report by Human Rights Watch, Macaos Court of First Instance handed down the sentence on November 6, 2026, convicting former lawmaker and democracy activist Au Kam San on five charges, including subversion of state power, establishing links with foreign forces to endanger national security and violation of secrecy.

The case is the first publicly known prosecution under Macaos national security law. HRW said the Macao government should overturn the sentence and immediately release Au, arguing that the proceedings reflect Beijings expanding political repression across its territories.

The Macao authorities bogus prosecution of former lawmaker Au Kam San reflects Beijings escalating repression across its territories, said Maya Wang, deputy Asia director at Human Rights Watch. She described the 12.5-year sentence as outrageous and cruel, warning that it could keep the democracy advocate behind bars until he is past 80.

According to the court's summary of its judgment, Au allegedly worked with unspecified overseas organisations described as hostile to disseminate materials advocating subversion, inciting hatred against the Chinese government and encouraging foreign action against China. The court also accused him of attempting to disrupt Macaos 2024 chief executive election.

Additionally, the court found that Au had disclosed confidential information concerning casino licence renewals from a legislative committee meeting to overseas organisations while serving as a lawmaker in 2021. However, HRW noted that the court did not identify the organisations involved or provide detailed substantiation of the allegations.

The rights organisation also raised serious concerns over violations of Aus right to a fair trial. He had been detained since July 2025, and his family reportedly told journalists in July 2026 that authorities had held him incommunicado and denied him access to a lawyer appointed by his family.

Instead, Au was represented by a court-appointed lawyer whom he reportedly accepted, according to the court's statement. HRW pointed out that Article 36 of Macaos Basic Law guarantees residents access to legal counsel to protect their lawful rights and interests.

Au's trial was conducted behind closed doors over three days, from September 16 to 18, 2026. HRW noted that a law adopted by Macao in March allows court proceedings to be closed to the public when the city's national security committee determines that national security is at risk. Decisions by the committee are not subject to appeal or judicial review.

A Portuguese and European Union citizen, Au Kam San was one of Macaos longest-serving pro-democracy lawmakers. He served in the Legislative Assembly from 2001 to 2021, becoming a prominent voice for democratic reforms, government accountability and social welfare issues.

During his 15-year campaign for free public education and increased public housing, Au also scrutinised government expenditure and raised concerns over corruption and the alleged misuse of public funds. Even after leaving the legislature, he remained active in public affairs, including efforts to protect Macaos historic Guia Lighthouse.

HRW highlighted Au's contribution to civil society, noting that his organisation, the Macao Union of Democratic Development, had organised annual vigils for 30 years commemorating the 1989 Tiananmen Massacre in Beijing. Au and fellow organisers reportedly faced physical assaults, abuse and loss of employment over their activism.

Macao, a former Portuguese colony whose sovereignty was transferred to China in 1999, has witnessed increasing restrictions on political opposition and civil society, according to HRW.

The organisation cited the disqualification of 21 candidates from legislative elections in 2021 and another 12 in 2025, with authorities invoking broad grounds such as alleged disloyalty to Macao. It also recalled the 2021 ruling by Macaos Court of Final Appeal upholding the government's ban on Tiananmen Massacre commemorative vigils.

HRW further criticised Macaos Law on Safeguarding National Security, originally enacted in 2009 and amended in 2023, saying it undermines fundamental rights and the rule of law guaranteed under the city's Basic Law. The organisation argued that the amendments expanded the scope of punishable offences to include non-violent activities, raising concerns over compliance with the International Covenant on Civil and Political Rights, which applies to Macao.

The European Union has also condemned Au's conviction and sentencing, while Portugal has raised the matter directly with Chinese authorities.

Calling for international pressure on Beijing, HRW urged Portugal, the European Union and other concerned governments to publicly demand Au's immediate and unconditional release.

Countries should take note of the recent harsh sentences handed down in Hong Kong and Macao and consider what that means for their long-term relationship with the Chinese government, Wang said, according to the report. (ANI)

 
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