Macau rejects international criticism of the conviction of Au Kam San

O Macau’s government today expressed “strong opposition” to the criticism of international entities, including the United Nations and the European Union, of the condemnation of the former pro-democracy deputy Au Kam San, 12 and a half years in prison.

The Macau Government “explains indignation and strong opposition to the unfounded statements” of international entities, reads in a statement that mentions the European External Action Service of the European Union, the Executive Board of the United States Congress on China (ECCC), the United Nations High Commissioner for Human Rights and some Members of the European Parliament.

The Court of Justice (TJB) condemned on Friday the former Portuguese pro-democracy and citizen Au Kam San to a single sentence of 12 years and six months in prison for crimes against state security and violation of secrecy. This is the first case under the Macao State Security Defense Act.

Following the decision, several critical voices were heard. The Portuguese Ministry of Foreign Affairs indicated that Lusa had transmitted to the Chinese authorities a “position of repudiation and serious concern”.

The European Union deplored the condemnation, considering that it “confirms the erosion of political pluralism and freedom of expression” in the territory. “Respect for human rights and fundamental freedoms is a central element of Macao’s Basic Law and of the principle ‘one country, two systems’,” he defended the bloc.

The United Nations, in turn, expressed “deep concern” with the convictions of the former deputy of Macau and also of Hong Kong activist Joshua Wong – already serving prison and sentenced the day before a second sentence of 10 years. “The imposition of severe penalties under national security legislation in the Hong Kong and Macao Special Administrative Regions is a matter of deep concern,” said UN High Commissioner for Human Rights Volker Turk.

The Executive Committee of the United States Congress on China (CECC) noted in a statement that “Macau is following the repressive model of Hong Kong.” “The Communist Party of China has turned the courts of both cities into instruments of repression, masking political persecution with the appearance of legality,” reads in the social networks of the ECCC.

Amnesty International, on the other hand, considered the condemnation of the former Macau deputy and Portuguese citizen unacceptable Au Kam San and warned against using the national security law against political activity.

China does not recognise dual nationality and, in today’s response from the Macau Government, it is read that “Au Kam San is a Chinese citizen and the trial of his case for crimes against national security by the RAEM Court [Special Administrative Region of Macao], in accordance with the law, is a purely internal matter” of the territory.

In the note, it is also ensured that “the judicial independence” of Macau “is closely guaranteed by the Basic Law, and the Government of the SARS respects and supports the judicial authorities in the independent trial of cases according to the law”.

The judicial bodies, it continues, “always comply strictly with legal procedures, defending procedural justice, judgment under the law and public reading of the judgment, with the legitimate rights and interests of the parties involved being fully guaranteed”.

According to the judgment, the collective of judges concluded that Au Kam San collaborated for several years with foreign organizations, helping to collect, prepare and disseminate content that the court considered intended to incite hostility against the Central People's Government of China and to call into question the constitutional order of the country.

Unlike the trial – which took place, over only three days, behind closed doors, not to cause “damage to the interests of state security” – the sentence was read in an open-door session, with the presence of only four media, according to official source, and which Lusa could not attend.

In a statement on the judgment – the grounds for the evidence were not disclosed – the judges argue that the former deputy “helped long and cooperated personally with hostile organisations abroad” in the collection and dissemination of contents containing “ manifestly subversive political positions” and “false and clearly distorted” information. The names of the organisations concerned have not been disclosed.

In today’s press release, the Executive also states that the Criminal Code and the Macao State Security Act “comply with the principle of criminal legality, establishing strict and clear definitions for each type of crime”. “The Court judges and imposes sentences, strictly on the basis of the law and the facts given as proven, on the defendant Au Kam San, and no arbitrary interference or unfounded accusations is admissible.”.

The laws on state security “are in accordance” with the Basic Law, international human rights treaties and international standards applicable to Macao, “legally protecting the rights and freedoms of residents while safeguarding national security”.

The government thus calls on “the outside to respect the decisions of Macau courts”.

Also today the Macau Legislative Assembly said to support “firmly the independence of judicial bodies” considering that “the trial in question has fully demonstrated the spirit of the rule of law”.

Like the government statement, the legislative body expressed “strong dissatisfaction and firm opposition” to the “unfounded comments” on the sentence, noting that they “attacked and defamed the principles of Macau’s rule of law”.