Ex-Hong Kong student leader denied early release from jail following national security committee decision
Hong Kong Free Press
A former Hong Kong student leader jailed over praising a knife attack on police in 2021 has been denied early release following a decision by the city’s national security committee, a court has heard.
The High Court on Tuesday also dismissed an application filed by the former chair of the University of Hong Kong (HKU) student’s union council Kinson Cheung for a court to order that his detention was unlawful.
“No jurisdiction [in Hong Kong], including the Judiciary, shall interfere with the decision made by the [national security committee],” Judge Anna Lai said. “His detention is fully lawful.”
The court heard the Committee for Safeguarding National Security, established under a security law imposed by Beijing in 2020, ruled that Cheung’s offence “involved national security” and that his early release would be “contrary to the interests of national security.”
Cheung was jailed for “incitement to wound with intent” – a common law offence – in October 2023. The Court of Appeal earlier this month reduced his sentence from 24 months to 15.
He last Friday applied for a court order to declare his continued detention unlawful on the grounds that he should have already been released. Customarily, inmates are eligible for a one-third sentence discount for good conduct in jail.
‘Momentous’
Judge Lai, who was handpicked by the city’s leader to hear national security cases, said on Monday that she was inclined to grant bail to Cheung pending a full hearing for his application, but adjourned the proceedings at the request of government lawyers.
Senior Counsel Mike Lui, representing the government, told the court on Tuesday that the national security committee had reached its decision on Monday and that the commissioner of the Correctional Services Department decided on Tuesday morning to deny Cheung early release.
“The development since the adjournment yesterday has been nothing short of momentous,” Lui said.
Quoting the commissioner in Cantonese, Lui said: “[Cheung]’s speech and behaviour show that he has not adequately reflected on his offence and that he still harbours understanding and sympathy for the attacker.”
The commissioner denied Cheung’s remission based on a new provision in the prison rules that was enacted alongside the city’s new security law – known locally as Article 23.
That provision states that a prisoner convicted of national security offence must not be granted remission unless the commissioner is satisfied that doing so “will not be contrary to the interests of national security.”
Judge Lai said the court was “duty bound” to follow the committee’s decision. She also ordered Cheung to pay for the legal costs arising from his application.
Early release
Cheung was originally charged with “advocating terrorism” under the Beijing-imposed security law alongside Charles Kwok, Chris Todorovski, and Anthony Yung, all then members of the HKU students’ union council. The security law also targets subversion, secession, and collusion with foreign forces, with penalty running up to life behind bars.
Their case revolved around a motion passed by the student body to mourn the death of Leung Kin-fai, who killed himself after stabbing and wounding a police officer on July 1, 2021 – the 24th anniversary of Hong Kong’s Handover from Britain to China.
The four eventually reached an agreement with the prosecution and pleaded guilty to the common law offence incitement to wound with intent.
It is believed that Cheung will complete his 15-month jail term in November.
Since authorities enacted Article 23, prisoners convicted of national security offences have been denied early release, including Ma Chun-man, dubbed “Captain America 2.0” for carrying the superhero’s shield during the pro-democracy protests and unrest in 2019.
Ma, who was convicted of inciting secession and sentenced to five years in prison on appeal, was expected to be released in March. He was the first to be denied a sentence remission under Article 23, which was enacted in the same month.
He had launched the first legal challenge against the denial under Article 23 and a hearing is set on October 22.
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