HONG KONG — A prominent activist in Hong Kong has faced a setback after losing a significant legal battle concerning the prison authority’s refusal to grant him early release under the recently enacted national security law.
Ma Chun-man is currently serving a five-year sentence for inciting secession, a charge that falls under a law imposed by Beijing. His conviction in 2021 stemmed from his repeated calls for Hong Kong’s independence. With an anticipated early release date of March 25, Ma believed his good behavior while incarcerated would warrant sentence remission.
However, the implementation of a new security law on March 23 altered the criteria for early release for individuals convicted of national security crimes. As per the updated regulations, those classified as threats to national security cannot receive sentence reductions unless the correctional services commissioner determines that such a release would not pose a risk to national security. This new provision affects inmates sentenced before the law was enacted, including Ma.
In the initial judicial review regarding the new legislation, Judge Alex Lee ruled against Ma’s appeal. During earlier court hearings, it was revealed that officials felt Ma had not actively engaged in rehabilitation programs and that he had been reticent in expressing his true sentiments.
Ma contended that he had not been adequately informed of the authorities’ decision regarding his case. Under prior regulations, inmates could earn a reduction of up to one-third of their sentence for good conduct, given they were serving more than a month in prison.
The changes brought about by the revised law are likely to have a significant impact on other activists who find themselves incarcerated or awaiting trial under the stringent national security law enforced by Beijing, which was introduced to suppress the vast anti-government demonstrations that took place in 2019.