The Hong Kong Court of First Instance upheld the denial of early release for Ma Chun Man, marking the first judicial review against the Safeguarding National Security Ordinance (SNSO), enacted in March 2024. The court reinforced prison authorities’ decision to withhold remission for Ma, who was convicted of incitement to secession under the 2020 National Security Law.
Ma’s legal argument hinged on the assertion that the SNSO provisions under which his remission was denied failed to meet the “prescribed by law” requirement. He argued this resulted in arbitrary detention, conflicting with Articles 5 and 6 of the Hong Kong Bill of Rights Ordinance and Article 28 of the Basic Law. However, the court held that the requirement for Ma to serve his complete sentence could facilitate his reform and rehabilitation.
The ruling dismissed Ma’s claim of procedural unfairness in the refusal of remission. Judge Alex Lee concluded that the Correctional Services Department (CSD) commissioner had provided Ma sufficient opportunity to prepare his case. The judge also ruled that the commissioner’s decision was not Wednesbury unreasonable, a legal standard used to assess irrationality in decision-making.
Ma will therefore remain in prison for the remainder of his sentence, approximately one-third of the original term. The appellate court had previously reduced his sentence to five years, with an expected release on March 25, contingent upon receiving one-third remission—a common practice based on inmates’ “industry and good behaviour” under Rule 69 of the Prison Rules. However, the SNSO barred automatic remissions unless they adhere to national security interests.
Ultimately, the decision underscores the Hong Kong judiciary’s alignment with the SNSO’s stringent national security provisions, as explained in detail in the original JURIST report.