Portugal-born activist and former Macau legislator Au Kam San will face trial under the territory's National Security Law nearly 12 months after his arrest, marking the first known public prosecution under legislation revised in 2023 to bring the Special Administrative Region in line with Beijing's security apparatus. His family has been barred from all contact since the July 2025 detention—a blackout that extends even to legal counsel.
Why This Matters
• Portuguese citizens abroad: Au Kam San holds Portuguese nationality, raising questions about consular access and the reach of China-aligned security laws into European passport holders.
• Legal precedent: This is Macau's inaugural public case under the 2023 revised National Security Law, which now mandates judicial approval for defense lawyers and permits closed-door trials without appeal.
• Family isolation: Unlike Hong Kong's security cases, where limited visits occur, Macau authorities have imposed a complete communications ban for 11 months—no calls, no letters, no lawyer meetings.
• Sentencing scale: Conviction on subversion carries 10 to 25 years in prison; collusion with external forces risks 3 to 10 years.
The Arrest and the Silence
On July 30, 2025, officers from the Macau Judiciary Police arrived unannounced at the family home. Au Kam San's daughter, Cherry Au, recounted the scene from her residence in the United Kingdom: "They took my mother first, without warning. Then they started gathering evidence. My father was taken right after. It was a shock."
The charges center on alleged "collusion with anti-China external forces" and "subversion against state power," alongside accusations of leaking state secrets. Prosecutors claim Au maintained "long-standing contacts" with overseas entities, fed them "false and inflammatory information," and attempted to disrupt Macau's 2024 Chief Executive election. Authorities further allege he incited foreign governments to take hostile action against the territory.
Since that morning, the family has received zero direct communication. No phone calls. No video visits. No letters. A social worker assigned by the detention facility offers only sparse updates: he is eating, he is "well." That is the extent of what his two daughters know.
"We've been told no reason," Cherry said. "He's simply prohibited from any contact with the outside world."
Legal Black Box: No Lawyer, No Recourse
The 2023 revision of Macau's National Security Law introduced a critical clause: detainees in preventive custody may be denied all visits to protect state secrets. Further amendments passed in March 2026 grant the Committee for the Defense of State Security (CDSE) final authority to decide whether a case involves national security—a determination not subject to judicial review or appeal.
Cherry Au attempted to hire private counsel. Every lawyer she approached in Macau declined or was blocked. "There was immense pressure from authorities for no lawyer to take the case," she said. One attorney could not even meet Au to accept representation.
On July 2, 2026, the Macau Judicial Base Court confirmed the charges and assigned an ex-officio public defender. The family was not informed of the lawyer's identity. "No matter how many emails we send, no matter which department we contact, everyone ignores us," Cherry said.
Michael Polak, director of Justice Abroad, a London-based human rights legal group now advising the family, spent weeks contacting Macau lawyers. All felt "unable to accept the case." Under the new rules, defense attorneys in national security matters must obtain certification from the CDSE—a process with no transparency and no right of appeal if denied. Lawyers may also be required to disclose family members' nationalities and foreign political ties.
"The likelihood of him receiving a fair trial, with a lawyer brave enough to stand up and challenge the accusations, is very small," Polak said.
What This Means for Portuguese Nationals and Expats
Au Kam San's status as a Portuguese passport holder adds a diplomatic dimension rarely seen in Macau security cases. While Portugal maintains a consular presence through its representation in Hong Kong, there is no public record of Lisbon securing consular access, nor has the family received confirmation of any intervention.
For the Portuguese diaspora in Macau and Hong Kong—estimated at several thousand residents, many with dual nationality—the case illustrates the extraterritorial reach of China's security framework. The 2023 Macau law and 2026 amendments claim jurisdiction over acts committed anywhere in the world by anyone deemed to threaten national security, regardless of citizenship. This includes non-violent speech, advocacy, or association with foreign groups.
The practical risk: Portuguese citizens involved in civil society, journalism, or advocacy in Macau or Hong Kong may face detention without consular protection or family contact, even if their activities would be lawful in Portugal or the European Union.
From Tiananmen Vigils to State Enemy
Au Kam San, 58, is a former primary school teacher who served as a pro-democracy legislator until the dissolution of his political group, the União de Desenvolvimento Democrático de Macau (UDDM), in 2023 under government pressure. For three decades, he organized the territory's annual June 4 vigil commemorating the 1989 Tiananmen Square massacre—one of only two places on Chinese soil, alongside Hong Kong, where the crackdown was publicly remembered.
In 2020, his daughters Cherry and Christy Au were briefly detained for live-streaming a private Tiananmen vigil on social media. Both left Macau shortly after. Cherry, who had moved to the UK at age 13, has not returned since her father's arrest. "My family was worried for my safety," she said.
The vigils ended in 2021 in Hong Kong and 2022 in Macau, as both territories tightened enforcement under their respective national security laws.
Macau vs. Hong Kong: A Harsher Regime?
While Hong Kong has arrested more than 400 people under its Beijing-imposed National Security Law since 2020, detainees there often retain limited family contact and access to private lawyers, albeit under strict conditions. In contrast, Macau's legal framework offers less transparency and fewer safeguards. The March 2026 amendments permit:
• Closed-door trials at the discretion of the CDSE, with no right to public hearing.
• Mandatory lawyer vetting by security officials, with rejected counsel having no recourse.
• Extraterritorial jurisdiction to prosecute acts committed abroad.
• Indefinite communications blackout during preventive detention.
Human Rights Watch called Au's detention a reflection of "growing repression radiating from China to Hong Kong and Macau under Xi Jinping." The organization has demanded his unconditional release, arguing the charges target lawful advocacy and association.
The Family's Plea
Cherry Au spoke from the UK, where she has lived for years, unable to return. "We're all deeply worried about him. We just want to see him and talk to him," she said. "It's incredibly hard not to see someone I used to speak with on the phone every day. He'd call me about something random on his way to swim in the morning. Then, suddenly, he disappeared."
No trial date has been set. The Macau Criminal Court will schedule proceedings in the coming months. If convicted, Au Kam San could spend the next quarter-century behind bars—an outcome his family will learn of through official channels, having been denied the chance to hear his voice for nearly a year.
