John Lee draws hard line as no term reduction for national security convicts

National security convicts normally won’t see their jail terms reduced, Chief Executive John Lee Ka-chiu said, after sources said activist Ma Chun-man had been denied an early release following the enactment of the homegrown Article 23 legislation. 

Lee continued that the Commissioner of Correctional Services will only make relevant considerations if he believes that the convicts will not endanger national security again after being released. 

“This is to tell everyone not to attempt to engage in any acts or activities that endanger national security. Generally speaking, their terms won’t be reduced and, therefore, do not test the law,” Lee said. 

Speaking on Tuesday before the Executive Council meeting, the Hong Kong leader also appealed to citizens not to have any hopes of the possibility of seeing the terms being reduced. 

Anyone who is discontent about the government’s decisions can seek assistance through legal means, he added. 

Lee noted that the Safeguarding National Security Ordinance and relevant amendments to the Prison Rules have already been passed by the Legislative Council, carrying an overriding effect no matter whether the term was handed down before or after the enactment. 

Ma is also known as “Captain America 2.0” for constantly carrying the superhero’s shield to the protests in 2019. He was convicted in 2021 for inciting secession and was initially sentenced to five years and nine months. He appealed and the sentence was reduced by one-third to five years due to good behavior. 

Sources said after the enactment of Article 23 on Saturday, he became the first national security prisoner to be denied an early release for failing to bring forth a convincing case to the correctional services chief that he wouldn’t further endanger national security upon release. 

On a radio program on Tuesday, ExCo member and senior counsel Ronny Tong Ka-wah suggested the government offers a well-defined mechanism that allows convicts to satisfy their burden of proof in convincing correctional services that they won’t be a danger to national security in future. 

He also proposed the Correctional Services Department offers about one to two weeks to convicts to make their case, pointing to possible communication difficulties in prison. 

He disagreed that the fast-tracked legislation of Article 23 was to target these prisoners, saying that they started serving their times long before its enactment.