HONG KONG: Hong Kong’s chief stated Tuesday that individuals convicted on nationwide safety costs would not be eligible for early launch for good behaviour, underneath a brand new legislation enacted by the town’s authorities over the weekend.
His feedback got here after native media reported that democracy activist Ma Chun-man, who was convicted in 2021 for “incitement of secession” and was anticipated to be launched Monday, had been held again.
Hong Kong’s large and at instances violent pro-democracy protests in 2019 introduced a whole lot of hundreds to the streets demanding higher autonomy from Beijing.
In response, authorities cracked down on protesters and Beijing imposed a nationwide safety legislation in 2020, which was supplemented by a brand new homegrown one enacted over the weekend.
“It has been made very clear that if a prisoner is serving a sentence in respect to his conviction of an offence endangering nationwide safety, the prisoner will not be entitled to remission,” chief John Lee stated Tuesday in regards to the new legislation when requested about Ma’s case.
Generally known as “Article 23“, the legislation additionally applies to these sentenced earlier than it was handed, he stated.
“The ordinance has additionally made it clear that the brand new rule applies irrespective of if the sentence of the prisoner was imposed earlier than or after the graduation of the related modification,” Lee stated, including exceptions may very well be made by the correctional providers commissioner.
The brand new legislation got here into power Saturday — two days earlier than Ma’s scheduled launch — placing into quick impact powerful penalties of as much as life imprisonment for sure nationwide safety crimes, together with treason and rebel.
The brand new legislation additionally amended Hong Kong’s jail guidelines, eradicating a attainable one-third sentence discount attributable to good behaviour for prisoners convicted of crimes of both the safety legislation or different offences deemed nationwide safety threats by authorities.
Ma, 34 — nicknamed “Captain America 2.0” for carrying a reproduction of the Marvel superhero’s protect at protest rallies in 2019 — was convicted of “incitement to secession” in 2021.
He had efficiently appealed to scale back his sentence by 9 months to 5 years in 2022 as attraction judges deemed his culpability as “comparatively low”.
Underneath the brand new legislation, Ma must stay behind bars for an additional 20 months.
“That is precisely telling everybody –- don’t try to hold out any acts or actions that endanger nationwide safety as remission is usually not allowed. Don’t problem the legislation,” Lee stated Tuesday.
Lee, who was Hong Kong’s safety chief throughout the protests and sanctioned by the US for his function, added that anybody unhappy with the choice “can search by means of authorized avenues for a court docket’s adjudication”.
The Correctional Companies Division declined to touch upon particular person instances.
“The Commissioner… will contemplate the precise circumstances of the case and all related elements, together with the prisoner’s illustration,” the division stated in a press release Monday.



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