Hong Kong’s national security committee has made a decision regarding a prisoner’s early release for good behavior in jail. The High Court heard that Ma Chun-man, who is serving a five-year sentence for inciting secession, was denied remission after a new security legislation came into effect. This legislation changed the threshold for early release for inmates convicted of national security offenses.
The prison’s commissioner was not satisfied that Ma’s early release would not compromise national security, as mandated under the Safeguarding National Security Ordinance. Ma filed a legal challenge against the decision, arguing that it was unlawful and unfair. The national security committee sent a letter to the commissioner, which could bind him to make the same decision even if the court ruled in favor of Ma.
The security law imposed by Beijing stipulates that no institution or individual in Hong Kong should interfere with the work of the committee. This is the second known instance of the committee refusing a prisoner’s early release on national security grounds. The court also heard that Ma was connected to others imprisoned for “black-clad violence” during the 2019 protests.
Ma’s lawyer argued that he was not given enough information to regulate his conduct and cut ties with certain individuals. However, the government contended that withholding information was necessary due to risks to national security. The judge is expected to deliver his judgment in late November, considering the extensive submissions filed by both parties.
Beijing implemented national security legislation in Hong Kong in 2020 to address pro-democracy protests and unrest. The legislation criminalized subversion, secession, collusion with foreign forces, and terrorist acts. The move led to a crackdown on dissent, with many civil society groups disappearing. While the authorities claim that it has brought stability to the city, there has been criticism from trade partners, the UN, and NGOs.
The case of Ma Chun-man highlights the challenges faced by individuals convicted of national security offenses in Hong Kong under the new security law. The role of the national security committee and its impact on legal proceedings have raised concerns about due process and transparency in the city’s judicial system. As the court deliberates on Ma’s case, the outcome will have broader implications for future cases involving national security offenses and the rights of prisoners in Hong Kong.
