No early release for offenders jailed in Hong Kong for offences endangering national security

Offenders jailed under Hong Kong’s proposed domestic security legislation will be barred from early release, in a move that could affect those charged earlier under the Beijing-imposed national security law.

The Safeguarding National Security Bill unveiled on Friday also grants new powers to police that will affect the rights of people arrested under the proposed legislation, such as lengthening their detention period and barring them from meeting specific lawyers.

Apart from introducing five new types of offences including treason, insurrection and theft of state secrets, the bill mandated under Article 23 of the city’s mini-constitution, the Basic Law, also proposes a series of measures in strengthening authorities’ enforcement power in national security cases.

One of the most controversial measures is to amend the Prison Rules, alongside other jail-related ordinances, to stipulate that anyone serving a sentence for an offence endangering national security “must not be granted remission” unless the commissioner of correctional services is satisfied that such a move will not be contrary to the interests of national security.

Under the Prison Rules, a person serving a jail sentence can be granted remission of one-third of the actual term on the grounds of their “industry and good conduct”.

“The granting of early release is never a necessary right to prisoners,” a government paper sent to the legislature said.

“In order to safeguard national security and protect the public, it is necessary to impose more stringent restrictions on the granting of early release to prisoners involved in offences endangering national security.”