Hong Kong’s Article 23 law: end of early release for national security offenders likely to be first clear change when legislation takes effect
- Newly passed domestic security law will also open up fugitives wanted by law enforcement to sanctions targeting those considered to be absconders
- Shake-up of early release policy could have effect on media tycoon Jimmy Lai and other activists’ trials if they are convicted
Former media tycoon Jimmy Lai Chee-ying and other activists accused of national security offences in Hong Kong now facing trial were unlikely to get suspended sentences and early release from jail terms if they were convicted, legal experts said.
The enactment of the Safeguarding National Security Ordinance will also have implications for fugitives wanted by the national security police as they could face a list of sanctions once designated by the security chief as an absconder under a new mechanism.
Professor Simon Young Ngai-man, a law professor at the University of Hong Kong (HKU), said the legislation’s sections on prison rules would make things more difficult for those convicted of offences that endanger national security.
“If one is already serving a sentence for a national security offence, unfortunately, the time they need to serve will effectively be extended unless they can demonstrate no risk to national security if released with remission.”
The clauses were among those approved by lawmakers during 12 days of marathon proceedings to quickly introduce the legislation mandated by Article 23 of the Basic Law, the city’s mini-constitution.
Under the existing rules, prisoners can have a third of their sentence reduced on the grounds of good behaviour.