A Hong Kong appellate court has questioned how authorities’ denial of a prisoner’s early release from jail under the domestic national security law constitutes a violation of human rights, noting that sentence reductions are not an entitlement.
The Court of Appeal also highlighted on Friday that it had no power to compel the Correctional Services Department to accept the plea for immediate release from Adam Ma Chun-man, the prisoner behind the first legal challenge against the Safeguarding National Security Ordinance.
Ma, a former food delivery worker, has lodged an appeal against the Court of First Instance’s dismissal of his judicial review over a prison rule that would bar most national security offenders from early discharge.
The applicant, who was dubbed the “second-generation Captain America” for dressing as the Marvel character in the 2019 anti-government protests, is serving a five-year sentence at Lantau Island’s Tong Fuk Correctional Institution for promoting Hong Kong independence through the chanting of slogans in public and in media interviews.
He had expected to be released on March 25 last year, as prisoners generally had their sentences cut by a third for good conduct while in custody.
But the ordinance, mandated under Article 23 of the Basic Law, the city’s mini-constitution, stipulates that a national security offender “must not be granted remission” unless the commissioner of correctional services is satisfied the move will not compromise national security.
A prison committee tasked with assessing inmates convicted of a national security offence advised the commissioner against referring Ma’s case to a supervision board under the Security Bureau for consideration of early release, citing his lack of enthusiasm for rehabilitation programmes and evasive attitude towards others.
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