Justice Abroad’s Michael Polak Represents Former Macao lawmaker Mr Au Kam San who is to Face Trial after 1 Year in Incommunicado Detention in Macao’s First ‘National Security’ Case

Justice Abroad has called on the Portuguese Government and the European Union to press for the immediate release of Au Kam San, a former pro-democracy lawmaker and Portuguese national who has been detained incommunicado in Macao since 30 July 2025. Michael Polak, Director of Justice Abroad and a barrister at Church Court Chambers, acts as Mr Au’s international counsel and has been meeting with the European Union, Portuguese Authorities, and the international press in relation to this case.  

Mr Au Kam San, 68, is a retired schoolteacher and former member of Macao’s Legislative Assembly. He served as a pro-democracy lawmaker for approximately two decades and was associated with the New Macao Association until retiring from politics in 2021. He later continued writing and teaching but was reportedly forced to leave teaching because of his pro-democracy beliefs.  

Mr Au is accused of “subversion against the political power of the State”, “establishing links with organisations or individuals outside the Macao Special Administrative Region for the purpose of acts against national security”, and “breach of secrecy”. The allegations appear to arise from Mr Au’s peaceful political activity, belief in democracy, and his regular meetings with the Office of the European Union to Hong Kong and Macao, whose purpose is to build closer ties between the EU and Hong Kong and Macao. Material seized from his home included pro-democracy books and information concerning the 1989 Tiananmen Square massacre.

Mr Au’s family, including his wife and three daughters, have not been permitted to see or speak with him since shortly after his detention. The family received only one telephone call from him, lasting less than one minute, on the day after his arrest. They have also been unable to identify or communicate with the state-appointed lawyer said to be representing him.  

On 12 July 2026, a decision was made to put Mr Au on trial under Macao’s national security legislation. The decision followed the conclusion of the preliminary judicial stage on 2 July 2026, and the court’s confirmation of the charges brought by the Public Prosecutor’s Office. All indications are that Mr Au, a Portuguese citizen, will not be afforded a fair trial as the exact nature of the allegations against him have not been revealed, he has been prevented from instructing independent legal Counsel in Macao, he has been kept in incommunicado detention, and is unlikely to have his case considered by a tribunal sufficiently independent of the Macao authorities. No trial date has yet been announced, and it remains unclear whether the proceedings will be held in public or behind closed doors. 

The Portuguese consulate in Macao has requested a consular visit to Mr Au as provided within the Vienna Convention on Consular Relations; however, this has been refused by the Macao authorities.  

Mr Polak would like the Portuguese government to call for the release of Mr Au, and for the Portuguese and European Union to facilitate a visit for him to Mr Au.  

 Mr Polak stated: 

“Au Kam San, a retired teacher and politician who has dedicated his life to the people of Macao. He has been seized and denied access to his family and to effective and independent legal representation. Mr Au’s treatment is based upon him exercising his right to freedom of expression and association which is scandalous and a clear breach of the International Covenant on Civil and Political Rights which is directly applicable under the Basic Law of Macao.   

The fact that the authorities say they have appointed a state lawyer does not remedy the fundamental deficiencies in these proceedings which have all the appearances of a show trial. We call on the European Union and Portugal to continue to raise Mr Au’s case at the highest level and to demand his release and return to his family. The actions that the Macao authorities have instigated against Mr Au damage the reputation of Macao and cause hardship and worry to his family. Mr Au should be released immediately as nothing he has done can properly be considered a crime.  

Au Kam San’s daughter, Cherry Au, stated: 

“My father dedicated more than 30 years of his life serving the people of Macau. Nearly a year has passed, and we are still unable to communicate with him. We miss him every day, and all we want is for him to come home. All we ask for is a fair trial, due process, and for his more than three decades of dedication to the people of Macau not to be erased or forgotten. Most importantly, we must be allowed to visit him or, at the very least, communicate with him.”  

Justice Abroad is supporting Mr Au’s family and representing him as international Counsel which involves making the appropriate requests and legal applications to United Nations mechanisms, the Portuguese authorities, European Union institutions, and democratic countries around the world., as well as liaising with the press.  

Further information and recent media coverage 

 

Notes for the Press 

For comments on this case by the lawyer, Michael Polak, please email contact@justiceabroad.co.uk 

Michael Polak 

Michael Polak is an international barrister based in London. He practises in international, criminal, and human rights law from Church Court Chambers.  Michael is also Director of Justice Abroad which helps people who need assistance dealing with legal proceedings overseas as well as working on human rights advocacy for groups and individuals. He is chair of the group Lawyers for Uyghur Rights and was awarded the International Bar Association’s Outstanding Young Lawyer Award for 2021.  

Michael Polak