Former lawmaker Au Kam San arrested in first suspected violation of national security law

The Judiciary Police (PJ) confirmed the arrest of former legislator Au Kam San, 68, on suspicion of violating the national security law.

He was scheduled for transfer to the Public Prosecutions Office (MP) this morning (Thursday).

In a statement today at noon, the PJ confirmed that the suspect, surnamed Au and aged 68, is the former Legislative Assembly member born in 1958, following reports that Au was taken from his home on Wednesday by authorities.

Au served as a city council member in Macau from 1993 to 1999, prior to the handover, and was elected to the Legislative Assembly through direct elections in 1999.

He served five consecutive terms from 2001 to 2021.

In the 2021 Legislative Assembly elections, Au announced he would not seek re-election. His long-time campaign partner, Ng Kuok Cheong, along with several other candidates from the democratic camp, were accused of disloyalty to the Macau Special Administrative Region, resulting in their candidacy qualifications being revoked.

On Wednesday evening, several local media outlets got word that the former lawmaker had been arrested and was set to be transferred to the Public Prosecutions Office by the Judiciary Police at 10 a.m. the following morning, although the reason for the arrest was initially unclear.

Later, the Times learned from a source that the incident was linked to the provision of June 4th-related materials to the Chinese Alliance for Democracy.

Notably, before the arrest news leaked, a post circulated on social media featuring an image that stated, “Au Kam San willingly serves as a puppet for anti-China, pro-chaos forces in Macau, using the pretext of justice to actually harm and disrupt Macau.”

today morning, around 10 a.m., several media outlets arrived outside the MP building in ZAPE to learn more about the incident but saw no sign of Au.

However, it was reported that at around 10:23 a.m., a seven-seater vehicle without PJ markings drove into the parking lot, its windows covered by black curtains, suspected to be transporting Au.

While this was happening, Au’s wife arrived at the prosecutors’ office accompanied by relatives.

Before entering the building, she spoke to the media, expressing uncertainty about the situation while confirming that she had been designated as a witness in the case. She reportedly later requested the prosecutors’ office to terminate her status as a witness and left the building at around 12:30 p.m.

Since the enactment of the national security law in Macau in 2009, and the implementation of its revised version in 2023, authorities had not disclosed any related cases until today. However, they have now announced in a statement the first case that is suspected of violating this law.

According to the PJ statement, the police conducted an “extensive investigation and gathered evidence over a long period,” successfully identifying the suspect believed to have been colluding with an overseas anti-China organization since 2022.

The suspect was apprehended at his residence in the central district on July 30 and taken to the PJ headquarters for questioning. The following day, he was transferred to the prosecutions’ office and charged with violating the National Security Law, which prohibits establishing connections with external organizations, groups, or individuals and engaging in acts that threaten national security.

The PJ stated that their investigation revealed the suspect had been providing a significant amount of false and inflammatory information to the overseas anti-China organization since 2022, which was used for public displays abroad and online.

Even after the amended national security law took effect in 2023, the suspect continued supplying information to sustain the organization’s activities. He maintained long-term contacts with multiple overseas anti-China entities and provided them with false information about Macau.

The intent was to incite “hatred” toward the central government and the Macau Special Administrative Region government among both local residents and the international community, disrupt the 2024 Chief Executive election, and encourage foreign countries to take hostile actions against Macau.

The PJ, citing substantial evidence, noted that “the suspect has been working with foreign groups that are considered hostile to the country for a significant amount of time.”

During today afternoon’s regular joint meeting between the PJ and the Public Security Police (PSP), media representatives sought additional information about this case.

However, the PJ spokesman responded that all cases scheduled for announcement had already been addressed and that there were no additional comments on other matters.

The national security law of Macau came into effect in 2009 and was amended in 2023. The case announced today by the PJ is believed to be the first arrest for suspected violation of this law.

MP decides preventive detention

According to the MP, the suspect is believed to have established connections with foreign organizations or individuals in a manner that endangered national security.

In a statement tonight, MP said that following a preliminary investigation, the criminal investigating judge, acting on a request from the MP, ordered the application of preventive detention as a coercive measure, in accordance with Articles 18 and 25 of the national security law and relevant provisions of the Criminal Procedure Code.

The office reiterated its commitment to thoroughly investigate and hold accountable those who attempt to undermine national security.

Updated at 11:52pm, today [Thursday], with the MP decision to place Au Kam San in preventive detention.