Hong Kong Free Press
The High Court on October 22 heard the first legal challenge against the newly enacted Safeguarding National Security Ordinance, better known as Article 23. It was launched by Ma Chun-man, who is currently serving a five-year sentence for inciting secession under the Beijing-imposed law.
Ma expected to be released from prison for good conduct on March 25, but remains incarcerated after Article 23, which came into force on March 23, changed the threshold for early release for inmates convicted of national security offences.
On the second day of proceedings, the court heard that the powerful Committee for Safeguarding National Security, which was established under Beijing’s security law, had obtained a report on Ma from the commissioner of correctional services, and had responded to the report with a letter.
The letter was not read out in court, but Senior Counsel Mike Lui, representing the government, said it would in effect bind the commissioner to making the same decision again regarding Ma’s early release, even if the court ruled in favour of Ma.
Lui told national security judge Alex Lee that the commissioner would be required by Article 23 to “respect and implement” the decisions of the national security committee.
Witnesses for activist barred from testifying
Rights activist Chow Hang-tung on October 28 sought to challenge a rule introduced by Article 23 that prevents overseas witnesses from giving evidence via video link in national security trials, arguing that the provision appeared to target her.
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Explainer: Hong Kong’s national security crackdown – month 52
