Hong Kong Student Leader Denied Early Release from Jail Amid National Security Decision
A former Hong Kong student leader, Kinson Cheung, who was jailed for praising a knife attack on police in 2021 has been denied early release following a decision by the city’s national security committee. The High Court recently dismissed an application by Cheung for a court order declaring his detention as unlawful, stating that no jurisdiction in Hong Kong, including the Judiciary, can interfere with the decision made by the national security committee.
The Committee for Safeguarding National Security, established under a security law imposed by Beijing in 2020, ruled that Cheung’s offense “involved national security” and that his early release would be “contrary to the interests of national security.” Despite a sentence reduction from 24 months to 15, Cheung was denied early release based on the committee’s decision.
Court Proceedings and Denial of Early Release
Despite an inclination by Judge Anna Lai to grant bail to Cheung pending a full hearing for his application, the government lawyers requested an adjournment of the proceedings. Senior Counsel Mike Lui representing the government revealed that the national security committee had made a decision to deny Cheung’s early release based on his speech and behavior, indicating a lack of remorse and continued sympathy for the attacker.
The denial of Cheung’s remission was based on a new provision in the prison rules enacted alongside the city’s security law, known as Article 23. This provision dictates that prisoners convicted of national security offenses must not be granted remission unless it is deemed not to be contrary to national security interests. Judge Lai emphasized that the court was obligated to follow the committee’s decision and ordered Cheung to cover the legal costs arising from his application.
Impact of National Security Law on Prisoners
Since the enactment of Article 23, prisoners convicted of national security offenses, including prominent figures like Ma Chun-man, have been denied early release. Ma, known as “Captain America 2.0” for his involvement in the pro-democracy protests, was sentenced to five years in prison for inciting secession. Despite an expected release in March, Ma was denied remission under Article 23, marking a significant shift in the treatment of prisoners under the new security law.
The denial of early release for Cheung and Ma highlights the stringent measures implemented under the national security law, signaling a crackdown on dissent and activism in Hong Kong. The implications of these decisions extend beyond individual cases, raising concerns about the erosion of civil liberties and freedom of expression in the city.
Challenges Faced by Activists and Dissidents
The case of Kinson Cheung and other individuals convicted under the national security law underscores the challenges faced by activists and dissidents in Hong Kong. The use of vague and broad terms in the security law allows authorities to target individuals for expressing political views or participating in peaceful protests, leading to arrests and harsh sentencing.
The denial of early release for Cheung and Ma based on their perceived lack of remorse or continued sympathy for their actions sets a dangerous precedent for the treatment of prisoners in Hong Kong. The implementation of Article 23 has created a climate of fear and uncertainty among activists, journalists, and ordinary citizens, stifling dissent and undermining the rule of law in the city.
In conclusion, the denial of early release for Kinson Cheung and other prisoners convicted under the national security law reflects the tightening grip of authorities on civil liberties and freedom of expression in Hong Kong. The implications of these decisions go beyond individual cases, signaling a broader crackdown on dissent and activism in the city. As the government continues to wield its power under the security law, the future remains uncertain for those who dare to speak out against injustice and oppression.
