A jailed Hong Kong activist loses appeal over denial of early release under new security law

HONG KONG — A jailed Hong Kong activist lost his landmark legal challenge on Friday against the prison authorities' denial of early release under the new national security law.

Ma Chun-man was serving a five-year term for inciting secession under a separate, Beijing-imposed national security law. He was convicted in 2021 for repeatedly advocating for Hong Kong’s independence and had expected to be released early on March 25 based on good conduct in jail.

But he was not granted sentence remission after the new security law, introduced on March 23, raised the threshold for early release of those convicted of national security offenses.

The new law stipulated that people found guilty of endangering national security must not be granted remission unless the commissioner of correctional services believes the move would not be a national security risk. This also applies to inmates who received sentences before the new law took effect.

In the city’s first judicial review case about the new security law, judge Alex Lee ruled against Ma, who previously argued he had not been properly informed about the authorities’ decision.

“The decision-making process as a whole was not procedurally unfair,” Lee wrote.

Lee noted the city’s committee for safeguarding national security, chaired by Hong Kong leader John Lee, had said that an early release for Ma would compromise the interests of national security.

He said full weight should be given to the committee's opinion and the court should defer to the executive on whether the release would harm national security.

Ma is now expected to be released in around November 2025.

In earlier hearings, the court heard that the authorities considered Ma had not been enthusiastic in participating in rehabilitation programs and would not reveal his genuine feelings.

Previously, inmates could have their prison sentences reduced by up to one-third for good conduct under the city’s prison rules, provided they were serving terms longer than one month.

The revised practice is expected to affect other activists who are jailed or undergoing trials under the sweeping security law imposed by Beijing four years ago to quell massive anti-government protests in 2019.

Critics have said the two security laws have curtailed the freedoms that China promised to keep intact in the former British colony for 50 years when it returned to Chinese rule in 1997. But the Beijing and Hong Kong governments insist they are necessary for the city's stability.