Macau Passes National Security Bill with Secret Trials & Lawyer Vetting

by Chief Editor

Macau lawmakers on Thursday passed a bill granting judges the authority to hold national security cases behind closed doors and requiring defence lawyers to obtain clearance before appearing in such cases.

Modern Powers for Macau’s Security Apparatus

The legislation bolsters Macau’s Committee for Safeguarding National Security (CDSE), established in 2018 to support the city’s leader on security matters. Macau, formerly a Portuguese territory handed back to China in 1999, maintains a legal system largely based on Portuguese law, though it first enacted national security legislation in 2009, with powers expanded again in 2023.

Did You Know? Macau’s Committee for Safeguarding National Security (CDSE) was created in 2018.

Under the new bill, lawyers representing defendants in national security cases will necessitate permission from national security officials, due to the potential for classified information. Macau’s Legislative Assembly approved the bill unanimously. The city’s government stated the bill “further strengthens the top-level framework for safeguarding national security” and demonstrates “the successful implementation of the principle ‘patriots governing Macao’”.

Expert Insight: Restricting access to information and requiring clearances for legal counsel raises concerns about due process and the ability of defendants to mount an effective defence in national security cases. This shift in power dynamics could have a chilling effect on legal representation and potentially undermine the perceived impartiality of the judicial process.

Some analysts have cautioned that the regulation could negatively impact the functioning of government departments and the rights guaranteed by Macau’s mini-constitution. In July 2025, Macau authorities arrested former legislator Au Kam San for alleged foreign collusion, marking the first known application of the national security law in the region.

Frequently Asked Questions

What does this bill allow Macau judges to do?

The bill allows judges to hear national security cases behind closed doors.

What is the role of the CDSE?

The CDSE, created in 2018, supports the city’s leader in security matters and is bolstered by this new legislation.

What is required of defence lawyers under the new bill?

Defence lawyers involved in national security cases must obtain permission from national security officials.

How might this new legislation affect the legal process in Macau?

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