More than six months have passed since Hong Kong implemented new security legislation, known as Article 23. Recently, the courts heard the first legal challenge against it by an inmate who was denied early release from prison under its provisions. Ma Chun-man, serving a five-year sentence for inciting secession under the Beijing-imposed law, expected to be released for good conduct on March 25 but remains incarcerated due to Article 23 changing the threshold for early release for inmates convicted of national security offenses.
The High Court on October 22 heard the challenge against the newly enacted Safeguarding National Security Ordinance, better known as Article 23, launched by Ma Chun-man. The Committee for Safeguarding National Security, established under Beijing’s security law, obtained a report on Ma from the commissioner of correctional services, responding with a letter that would bind the commissioner to making the same decision regarding Ma’s early release. Despite the court proceedings, the commissioner would be required to “respect and implement” the decisions of the national security committee under Article 23.
Rights activist Chow Hang-tung sought to challenge a rule introduced by Article 23 that prevents overseas witnesses from giving evidence via video link in national security trials. Chow, accused of inciting subversion of state power under the Beijing-imposed national security law, argued that denying defendants in national security cases the right to summon overseas witnesses amounted to differential treatment compared to defendants in non-national security cases. However, the judges ruled against Chow.
Patrick Lam, former acting chief editor of Stand News, launched an appeal to overturn his conviction for publishing “seditious” materials. Initially sentenced to 14 months in jail alongside former chief editor Chung Pui-kuen, Lam was released due to time spent in pre-trial detention and poor health. Chung is currently serving a 21-month prison sentence.
Secretary for Security Chris Tang accused barrister and former lawmaker Margaret Ng of “glorifying” jailed Stand News editor Chung Pui-kuen in an opinion piece, alleging that it exalted Chung and disregarded the court’s judgment. In response, Tang criticized Ng’s piece as “misleading” and stated that it undermined the court’s ruling.
Sentencing for 45 pro-democracy figures convicted of conspiring to commit subversion in the city’s largest national security case has been scheduled for November 19, over three and a half years since they were officially charged. Additionally, the government plans to enhance national security education by preparing teaching materials and training district-level “tutors” to promote national security education in the community.
As of October 1, a total of 304 people have been arrested for “cases involving suspected acts or activities that endanger national security” since Beijing’s national security law came into effect, with 176 people and five companies charged. The Security Bureau stated that revealing specific arrest figures and information could impact operational deployment, and therefore no breakdown of the arrest statistics would be disclosed to the public.
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