Macau’s first national security case sentenced: Ou Jinxin imprisoned for 12 and a half years, wife denounces “unwarranted persecution”

On Friday (November 6), Macau completed its first national security trial in history. Pro-democracy leader and former legislator Au Kam-xin was charged with "subversion of state power" and other crimes and was sentenced to 12 years and six months in prison at the Lower Court.

The 69-year-old is expected to serve until 2039 and will be 82 years old when he is released from prison. According to Macau’s Penal Code, a person can apply for parole after serving two-thirds of his sentence.

After the verdict, Au Jinxin's wife Zheng Miaoshan said the verdict was unacceptable. She issued an open letter saying that Au's case was a political trial and "an unwarranted persecution of character humiliation." The family once said that they were unable to visit Ou Jinxin for nearly a year.

This is the first national security case in Macau. The process of the case is not open to the public. Ou Jinxin is defended by an "assigned lawyer". The identity of the trial judge and lawyer are unknown. From pre-trial, trial to sentencing, the outside world can only learn the news from government press releases.

The Macau government expressed its respect and support for the court's ruling, saying that the government's stance on safeguarding national security and defending the rule of law is unswerving. A spokesman for the Chinese Ministry of Foreign Affairs also stated that the central government firmly supports Macao in punishing acts that endanger national security in accordance with the law.

The Lower Court ruled on the district case and found Ou Jinxin guilty on four counts. Another charge was not subject to separate punishment: one count of "subversion of state power"; two counts of "contacting with overseas organizations endangering national security"; and one count of "breach of confidentiality".

According to the court's ruling, Ou Jinxin was charged with seven crimes during the preliminary hearing on July 2: three counts of "subversion of state power," three counts of "contacting with overseas organizations to endanger national security," and one count of "breach of confidentiality" under the Criminal Code. The court stated in a press release that since Ou Jinxin "did not hire a lawyer on his own", the court "appointed a lawyer" to defend him. The court stated that "lawyers and lawyers maintain close communication and contact."

Integrating the court's ruling, Ou Jinxin violated the National Security Law in two ways: personally assisting and cooperating with overseas organizations for a long time, collecting, preparing, and disseminating political ideas that subvert state power as well as false and distorted images and information, thereby colluding with overseas organizations to incite hatred and intend to overthrow China's basic system. Relevant behaviors will continue after the revision of the National Security Law takes effect in 2023. From 2023 to 2024, he successively colluded with multiple overseas organizations, personally assisting them in collecting false and distorted information, and conspiring to spread it, with the intention of causing foreign countries to take hostile actions against China and Macau, causing hatred, and sabotaging the election of Macau's chief executive.

Regarding the first act, the court pointed out that Ou Jinxin had committed the crime of "subversion of state power" and "contact with overseas organizations to endanger national security". However, because the two crimes were superficially competing, he was punished with the more serious crime of "subversion of state power". Regarding the second act, Ou Jinxin was charged with two counts of "subversion of state power" and two counts of "contacting with overseas organizations to endanger national security." The court pointed out that because there was doubt as to whether the suspect's behavior met the requirements of "overthrowing and destroying", he was not found guilty of the crime of "subversion of state power". However, the crime of "contacting with overseas organizations to endanger national security" fully complies with the elements of the crime, and he was convicted on both counts.

In addition, regarding the crime of "breach of confidentiality" under the Penal Code, the court found that in 2021, when he was a member of the then Legislative Council, Ou Jinxin leaked the secret contents of the Legislative Council's closed-door meeting on the renewal of gambling licenses to overseas organizations and found him guilty of the crime.

The court stated that during the trial, Ou Jinxin had no objection to most of the basic facts, admitted that collusion and collusion with multiple overseas organizations constituted a crime, and "agreed with the defense lawyer's opinion". The court gave the reasons for the verdict, pointing out that although Ou was a first-time offender and admitted a considerable number of criminal facts, "the degree of intentionality was extremely high, and the illegality of the crime and the possible consequences were very serious."

The sentences were as follows: 11 years and 3 months in prison for the crime of subverting state power; 3 years and 9 months in prison each for the crime of contacting foreign organizations to endanger national security; and 9 months in prison for the crime of breach of confidentiality. After discussion, the court decided to sentence Ou Jinxin to a single sentence of 12 years and six months.

After the verdict, Ou Jinxin’s wife Zheng Miaoshan issued an open letter. She said that the transition from closed-door interrogation to public sentencing was "a political trial" and "an unwarranted persecution of character humiliation." She said that as a family member, she only hopes to get permission from the authorities in the future and be able to obtain her husband's letters and regular visits "without any conditions attached."

Ou Jinxin's daughter Ou Hanyi told BBC Chinese that she was "deeply saddened and indignant" at the verdict. She described her father as a peaceful man and a loving father. Ou Hanyi expressed the hope that Macau people would remember his father’s integrity, courage, compassion and contribution to Macau people. She called on the Portuguese government and the European Union to take action and do everything possible to ensure his return to Portugal.

Ou Jinxin holds Portuguese nationality. Since his detention, it has been difficult for the outside world and even his family members to contact him. In July this year, on the eve of Ou Jinxin's one-year detention, his daughter Ou Hanyi told Portuguese news agency Lusa that her family had not been able to visit her in the past year and could only learn about the situation through social workers arranged by the authorities.

Michael Polak, Au's overseas legal representative, issued a statement after the sentencing, criticizing this as "a sham trial" and describing Au's conviction as a conviction that not only brings shame to Macau, but will also affect the international community's view of Macau from the perspective of the rule of law. He pointed out that Ou Jinxin should not be arrested just because of his "non-violent beliefs."

According to the media present, a prison van suspected of escorting Ou Jinxin left the Basic Court at 11:15 am. Outside the court, roads were blocked and a large number of security and police officers guarded the scene. There is a media area in the open space opposite the court. A large number of media who cannot enter the court can only wait here. There are about 20 people at the scene.

The announcement of the sentencing came suddenly. On November 5, the Lower Court issued a press release at 3 pm, stating that the district case would be publicly pronounced at 10 am tomorrow morning. The public and the media who want to observe the hearing must register at the court and the Information Bureau's online systems respectively at 4 o'clock. However, some citizens posted a message saying that when they arrived at the court at around 4:02, a staff member said that "the funds have been collected and the quota is full." The authorities did not disclose the number of spectator seats. According to BBC Chinese, some local media said that after successfully registering in the Information Bureau system, they were told that "there were not enough seats" and they could not observe.

This morning, the Information Bureau confirmed to the on-site media that only four media outlets were present to observe the event, including Macau Radio and Television Chinese and Portuguese Channels, Macau Daily News and Macau Daily News. After the verdict, the court stated that "dozens of citizens, media and the suspect's family attended today's public sentencing." However, what reporters at the scene saw were only a few citizens doing exercises and a number of plainclothes police officers.

Jorge Menezes, a Portuguese lawyer who has practiced in Macau for many years, pointed out to BBC Chinese that the Macau authorities send a message through the prison sentence: "Macau society must be shocked, and the outside world must see an accountable result and the Beijing imagined by the authorities." In his view, the trial also reflects the weakness of the authorities. "A confident government will simply regard this imaginary threat as a joke. Macau is now fighting mosquitoes with grenades."

Dr. Yu Yongyi, a scholar who has studied Macau politics for many years, analyzed to BBC Chinese that the district case is the benchmark for the government to draw "clear red lines": "What Macau residents can and cannot do, and what they cannot accept." As for the impact of the verdict on society, Yu Yongyi believes that since the collective DQ incident of Legislative Council candidates in 2021, citizens have witnessed Macau becoming a "self-censorship" and "unable to express opinions" society. Today's verdict may not have much impact on society.

Maya Wang, deputy Asia director at Human Rights Watch, said the national security convictions send "a chilling message to all those who express peaceful criticism" in Macau.

Ou Jinxin holds Portuguese nationality. After Ou was arrested on July 30, 2025, the European External Action Service condemned China for arresting European citizens, describing the development as exacerbating "concerns about the continued erosion of political pluralism and freedom of expression" in Macau. The Commissioner's Office of the Chinese Ministry of Foreign Affairs in Macau later criticized the EU for "deliberately attacking the rule of law in Macau and grossly interfering in Macau affairs and China's internal affairs."