Student leader's bid for early release denied

Eunice Lam

A former University of Hong Kong student leader has been denied early release after the Correctional Services Department told the High Court the move would threaten national security.

Kinson Cheung King-sang was sentenced to two years of imprisonment for incitement to wound with intent but had his jail term cut to 15 months after an appeal.

The case revolved around a statement made by the HKU students' union two years ago when mourning 50-year-old Leung Kin-fai, who stabbed a police officer with a knife before turning the weapon on himself on July 1, 2021.

Cheung, who is still serving his sentence, earlier applied for a writ of habeas corpus citing his good behavior in prison. Habeas corpus requests a prisoner be brought to court in order to determine whether their detention is lawful. If found to be unlawful, the prisoner can be released.

Senior counsel Mike Lui Sai-kit, representing the CSD, cited the Committee on Safeguarding National Security, saying it would not be conducive to national security if Cheung is released before he serves out his sentence.

"In view of the actual situation during the period of Cheung's imprisonment, relevant information and factors, we have made a decision and informed the commissioner that [Cheung]'s conviction, in this case, involved national security and constituted an offense endangering national security," the committee said.

Lui also cited the ruling made by Commissioner of Correctional Services Wong Kwok-hing yesterday morning, that the department considers Cheung has not "deeply reflected" on his crime or showed genuine remorse and should not be granted any remission.

According to Article 14 of the security law, the committee's decision "may be legally implemented and should be respected and implemented by the executive authorities, legislature, judiciary and any organizations of the HKSAR."

National security judge Anna Lai Yuen-kee, who presided over yesterday's hearing, said she was "duty bound" to follow the committee's ruling and said Cheung's detention was "fully lawful."

Cheung's lawyer, senior counsel Robert Pang Yiu-hung, then withdrew his application.

It is understood that Cheung will be released in November.

The Court of First Instance on Monday heard that Chief Executive John Lee Ka-chiu had issued a certificate that Cheung's "act and offense involved national security."

Lee told reporters that all national security cases will be handled seriously according to the law. "[The CE certificate] has been issued more than once, whenever it is considered necessary. All procedures for national security cases will be done in strict accordance with legal procedures and relevant laws," he said.

He also said the Immigration Department will consider the background of inbound travelers after a French photojournalist from the Associated Press was denied entry to the SAR.

"The Immigration Department is doing what all other immigration authorities are doing in their jurisdictions: examining an entry's characteristics in accordance with policy and law," Lee said, adding the department was "in no way different from other jurisdictions" in handling cases.

Lee said he met Hong Kong and Macau Affairs Office director Xia Baolong last Friday, thanking him for affirming his administration's work and that when implementing reform, local conditions and time should be considered and not be made for the sake of change.

eunice.lam@singtaonewscorp.com