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Freedoms Subject to National Security

The arrest of former legislator Au Kam San, on suspicion of “collusion with foreign forces,” has opened a new chapter in the enforcement of the National Security Defence Law in Macau. The measure is the first of its kind since the revised version of the law came into force in 2023. For academic Lou Shenghua, “safeguarding national security is an inherent component of the ‘One Country, Two Systems’ principle,” adding that “citizens’ freedoms and rights (…) are not absolute.”

Fernando M. Ferreira

“Safeguarding national security is an inherent component of the ‘One Country, Two Systems’ principle,” Lou Shenghua told *PLATAFORMA*, adding that “the freedoms and rights of citizens, including political freedom, freedom of expression, freedom of association, among others, are not absolute and must be exercised on the basis of preserving national security.”

In a recent speech marking the 98th anniversary of the People’s Liberation Army, Chief Executive Sam Hou Fai stated that Macau “is entering a new phase” in the practice of “One Country, Two Systems,” in a context of “drastic and complex global changes.”

In light of this development, Lou Shenghua stressed the need to strengthen the role of patriots in the governance of the MSAR: “One of the meanings of ‘One Country, Two Systems’ entering a new phase can be understood as the need to implement the principle that ‘patriots govern Macau’ in the very practice of the model, with the governing bodies of the Macao Special Administrative Region firmly in the hands of staunch patriots.”

He further emphasised that the case “will help raise Macau residents’ awareness of national security and ensure that they remain vigilant,” and that “when confronted with acts that endanger national security,” the competent departments “will strictly enforce the National Security Defence Law.”

As for the impact on public perception of the rule of law, the academic stated that the process is taking place within the existing legal framework: “This case was handled in accordance with the National Security Defence Law. Since the law has already been promulgated and a public consultation was held during the legislative process, it means that Macau residents recognised it. Therefore, I believe this case will not affect the public’s confidence in the rule of law in Macau.”

Reactions and Counter-Reactions

The arrest of Au Kam San, a Portuguese citizen and opposition figure in Macau, prompted a reaction from Portugal’s Ministry of Foreign Affairs, which stated it was following the case “with attention.”

The European Union, for its part, described the case as an aggravation of concerns over the “continued erosion of political pluralism and freedom of expression in the MSAR.” In a statement released by the European External Action Service, the EU stressed that fundamental rights are enshrined in Macau’s Basic Law, in the 1987 Sino-Portuguese Joint Declaration, and in the international commitments undertaken by the MSAR, including the International Covenant on Civil and Political Rights.

The government of Sam Hou Fai responded to the international criticism, reiterating that the case is being conducted lawfully and that the defendant’s rights are being safeguarded. In a statement, the authorities recalled that “the fundamental rights of MSAR residents, including the right to vote and freedom of expression, are fully safeguarded by the Basic Law of the MSAR and other relevant legislation.” The Office of the Commissioner of the Ministry of Foreign Affairs of China in Macau and China’s Mission to the European Union classified the EU’s comments as “external interference.”

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