MORE THAN 400 people applauded the new film From the Queen to the Chief Executive at its local premier on May 8, but Tung Chee-hwa was not among them. The Chief Executive, who figures prominently in the movie's plot but does not appear on screen, was too busy to attend.
The film, directed by Herman Yau Lai-to, describes the situation of 14 convicted underage murderers originally held for indefinite terms 'at Her Majesty's pleasure' and now held 'at the Chief Executive's discretion'. The film's release promises to rekindle a controversy Mr Tung and his top officials would prefer to ignore - although Secretary for Security Regina Ip Lau Suk-yee did venture into a screening last Sunday, she declined to comment.
The original intention behind not setting definite prison terms for juvenile murderers was to monitor each convict's behaviour and grant an early release once he was deemed fit to rejoin society. The purpose was to facilitate the rehabilitation of young offenders.
But the system seems to have failed all but one of 15 young prisoners whose detentions straddled the change in sovereignty - nearly four years after the handover, 14 are still serving indefinite terms. After a campaign in 1997 by independent legislator Leung Yiu-chung for definite sentences, prisoners held at the Chief Executive's discretion were given minimum terms of 15 to 30 years but no maximums, so in effect they remain in indefinite detention.
From the Queen to the Chief Executive is refocusing attention on their situation. And Mr Leung, once frustrated with the seeming futility of his efforts to get definite terms, is taking advantage of the renewed interest generated by the film to launch another campaign on behalf of these 14 'forgotten' men.
'I will fix an appointment with members of the Long-Term Prison Sentences Review Board in coming weeks and tell them the minimum-term arrangement is absolutely unfair for these prisoners,' he says. 'I will try to persuade the board to recommend definite sentences as soon as possible. The board should let the prisoners know their fate, so they can prepare to re-integrate into society.' The 11-member independent statutory body reviews sentences every two years and has so far recommended a definite term for only one of the prisoners held at the Chief Executive's discretion. The board is chaired by Mr Justice Leong Siu-chung, the chief judge of the High Court, and its other members include a lawyer, a psychologist and a social worker. The Security Bureau is apparently feeling sufficient heat concerning the remaining indefinite terms that it was moved to issue a statement on Thursday saying the current sentence-review system 'has maintained a proper balance between the interests of the prisoners and the need to protect the public'.