'Captain America 2.0' denied early release amid defense of new law

Activist Ma Chun-man, also known as "Captain America 2.0," has become the first national security prisoner to be denied an early release since the enactment of a law in line with Article 23 of the Basic Law, according to sources.

Ma was convicted in 2021 for inciting secession and was initially sentenced to five years and nine months.

He appealed and the sentence was reduced to five years due to good behavior, earning him a one-third remission.

The new safeguarding national security law, which came into effect on Saturday, stipulates that such prisoners are not eligible for early release unless the Commissioner of Correctional Services determines that it would not pose a risk.

Ma was unable to bring forth a convincing case and so he will continue serving time at Tong Fuk Correctional Institution on Lantau.

But executive councilor and senior counsel Ronny Tong Ka-wah said Ma had insufficient time to present his case for his release and its potential impact on security.

"Ma may consider applying for a judicial review, as commissioner Wong Kwok-hing may have acted in breach of procedural justice and displayed complete unreasonableness in his decision," he said.

The news on Ma came as Secretary for Justice Paul Lam Ting-kwok said the government's intention is to respond to "unfriendly moves" by foreign countries in light of recent calls by Western politicians to impose sanctions on officials and revoke the diplomatic status of Hong Kong's Economic and Trade Offices.

Lam criticized Western media and politicians for distorting the new law by taking it out of context and employing a "double standard."

Lam said Hong Kong plays a unique role under one country, two systems and accused certain people of trying to defunctionalize and undermine its significance.

"There are many people in foreign countries who can tell right from wrong, so we need to maintain good relations with them and also be enthusiastic in making new friends," he added.

While Lam acknowledged the possibility of foreign countries taking "unfriendly moves" against Hong Kong, he said "the government has made contingency plans and possesses the necessary capabilities to mitigate any damage."

Lam credited the new law for providing additional tools to address such challenges.

Secretary for Security Chris Tang Ping-keung echoed Lam's sentiments, citing his experience of being sanctioned four years ago while serving as police commissioner.

Tang said the sanctions had not hurt him personally and suggested that any attempts to close down Economic and Trade Offices in foreign countries would be ill advised, as they offer mutual benefits.

Tang slammed US Secretary of State Antony Blinken for claiming the law intimidates, harasses and restricts the freedom of speech of US citizens and locals here.