Macau’s first national security case is pronounced: Ou Jinxin is sentenced to 12 and a half years in prison, his wife denounces “unwarranted persecution”

On Friday (November 6), Macau completed its first national security trial in history. Pro-democracy leader Ou Jinxin was charged with "subversion of state power" and other crimes and was sentenced to 12 years and six months in prison by 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 who has served two-thirds of his sentence can apply for parole.

After the verdict, Ou Jinxin’s wife Zheng Miaoshan said that her family could not accept the verdict. She issued an open letter calling the district case a political trial and "an unwarranted persecution of character humiliation."

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.

Prosecuted for seven crimes, four of which were convicted

The Lower Court ruled on the district case at 10am this morning. The court sentenced Ou Jinxin to four crimes:

One count of "subversion of state power"

Two counts of "contacting with overseas organizations to endanger national security"

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.

Regarding the crime of "subversion of state power," the court pointed out that facts showed that Ou Jinxin had "long-term personal assistance and cooperation" with overseas organizations in "collecting, preparing, and disseminating political opinions that were subversive of state power, as well as false and distorted images and information," thereby colluding with overseas organizations to incite hatred and attempt to overthrow China's basic national system. The relevant behaviors will continue after the "Maintenance of National Security Law" is revised and takes effect in 2023.

This behavior also violates the crime of "contacting with overseas organizations to endanger national security." However, due to the superficial competition between the two crimes, he was punished with the more serious crime of "subversion of state power."

As for the two other charges of "subversion of state power" and two counts of "contacting with overseas organizations to endanger national security", the court pointed out that between 2023 and 2024, Ou Jinxin had colluded with multiple overseas organizations, personally assisted them in collecting false and distorted information, and conspired to spread it, with the intention of causing foreign countries to carry out hostile actions against China and Macau, causing hatred, and sabotaging the election of Macau's chief executive.

Regarding this behavior, he was convicted of two counts of "contacting with overseas organizations to endanger national security", but not guilty of two counts of "subversion of state power" because there was doubt as to whether the suspect's behavior met the requirements of "overthrow and destruction."

Finally, for the crime of "breach of confidentiality" under the Penal Code, the court stated that in 2021, Ou Jinxin, as a member of the then Legislative Council, leaked the secret contents of the closed-door meeting on the renewal of gambling licenses of the Legislative Council's "Land and Public Grant Matters Follow-up Committee" to an overseas organization, and was found guilty of "breach of confidentiality".

The court pointed out in the reasons for the judgment that although the suspect was a first-time offender and admitted to committing a considerable part of the criminal facts, "the degree of intentionality was extremely high, and the illegality and possible consequences of the crime were very serious."

After deliberation, he was sentenced to 11 years and 3 months in prison for the "crime of subversion of state power"; 3 years and 9 months in prison each for the two counts of "contacting with overseas organizations to endanger national security"; and 9 months in prison for the "crime of breach of confidentiality".

After discussion, the court finally decided to sentence Ou Jinxin to a single sentence of 12 years and six months.

Sudden verdict

According to the media present, the prison van escorting Ou Jinxin drove into the Macau Saiwan Primary Court at 9:38 a.m.

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. BBC Chinese contacted the Information Bureau to confirm the news, but there was no reply as of press time.

This is the first closed-door national security case in Macau. Since Ou Jinxin was detained, the case has been silent. It was nearly a year before the outside world learned about the progress of the case.

On July 9 this year, the Lower Court announced without warning that the preliminary hearing of the district case had been completed a week ago, and the charges were expanded to three crimes: "subversion of state power," "contacting with overseas organizations to endanger national security," and "breach of confidentiality."

It is worth noting that the Macau authorities have never made the case public. Ou Jinxin’s family once told the media that they were unable to appoint a defense lawyer for him and were unable to contact him for nearly a year.

Ou Jinxin was finally defended by a court-appointed lawyer, but the authorities did not disclose the identity of the "official lawyer."

According to the Macau National Security Law, the crime of "subversion of state power" is punishable by ten to 25 years in prison, and the crime of "associating with overseas organizations endangering national security" is punishable by three to ten years in prison. Under the Penal Code, the crime of "breach of confidentiality" is punishable by up to one year in prison, or a fine of up to 240 days - the daily amount of the fine ranges from MOP50.

From primary school teacher to member of parliament for over 20 years

Ou Jinxin was originally a primary school teacher. After the June 4th incident in 1989, he organized the "Joint Committee for Democratic Development of Macau" with Wu Guochang and others, proposing to "respond to China's democratic movement and promote the development of democracy in Macau", and became the organizer of the "June 4th Candlelight Vigil" in Macau for the next 30 years.

He has served as a Macau Municipal Councilor since 1993. After the handover of sovereignty in 1999, he and Wu Guochang became members of the Legislative Council. Together with So Jiahao, who was elected in 2016, he became the only three democratic members of the Legislative Council.

In 2021, Ou Jinxin, who has served as a councilor for more than 20 years, announced that he would not seek re-election. Partners Wu Guochang and Su Jiahao were disqualified from running in the same year. The Court of Final Appeal of the Macau SAR rejected the appeal of Wu and Su on the grounds that organizing the June 4th commemoration was "slandering" the Chinese government and could be regarded as not supporting Macau's Basic Law. The Democratic League later disbanded in 2023 due to pressure.