Hong Kong’s Article 23 law: legal experts argue axing national security prisoners’ early release does not violate human rights

Former Basic Law Committee vice-chair Maria Tam also says new rules under domestic national security legislation ‘are not punitive measures’

Public has very slim chance of breaching law, fellow mini-constitution expert Albert Chen adds

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The Safeguarding National Security Ordinance took effect last Saturday. Photo: Bloomberg

Published: 4:34pm, 28 Mar 2024Updated: 4:44pm, 28 Mar 2024

Experts on Hong Kong’s mini-constitution have mounted a defence of the new domestic national security legislation, with a legal heavyweight saying the scrapping of early release for certain prisoners is not a punishment nor a human rights violation.

Maria Tam Wai-chu, former vice-chairwoman of the Basic Law Committee, which advises the central government, expressed her support for the legislation’s axing of remission for those jailed on national security offences.

The Safeguarding National Security Ordinance took effect last Saturday and fulfils Hong Kong’s constitutional obligation under Article 23 of the Basic Law.

“The new rules are not punitive measures, as they neither increase additional penalties nor constitute illegal custody,” she wrote in an op-ed for a local newspaper published on Wednesday.

On Monday, inmate Adam Ma Chun-man, known as the “second-generation Captain America” for dressing as the Marvel character at demonstrations, was denied early release as he served prison time for secession-based offences.

Tam said early release was “never a necessary right to prisoners” and subject to the correctional services commissioner’s discretion.