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January

2025

A Hong Kong court dismissed activist Ma Chun-man’s appeal for early release from prison under the city’s National Security Law (N.S.L). Ma, known for wielding a distinctive Captain America shield during the 2019 protests, was convicted in 2021 for “inciting secession” and sentenced to five years and nine months, later reduced to five years. Judge Alex Lee ruled that the National Security Committee’s decision to deny Ma's release was binding. 

 

Ma’s appeal sought to challenge a provision of the Article 23 security law which states that the Commissioner of Correctional Services retains the authority to deny early release on national security grounds. Ma’s case marks the first major legal challenge to Article 23; despite serious concerns about Article 23’s implications for human rights and the rule of law, H.K.S.A.R. officials continue to stand by the law in the face of international outcry.

Summary

The failure of Ma Chun-man’s appeal for early release and challenge to Article 23 highlights the rigid enforcement and legal durability of the new authoritarian legal system in Hong Kong. Ma’s conviction for “inciting secession” in 2021 demonstrates the sweeping powers of the N.S.L. and Article 23 regarding the criminalization of political expression. The court’s ruling also reinforces the authority of the National Security Committee at the expense of traditional judicial authorities, effectively limiting judicial independence in national security cases. 

 

This ruling also bolsters concerns over human rights and the erosion of Hong Kong’s legal autonomy, which have already drawn international criticism. Despite global condemnation, H.K.S.A.R. officials remain steadfast in defending the law, signaling a broader crackdown on dissent. Ultimately, Ma’s legal battle exemplifies the shrinking space for political freedoms in Hong Kong under the new legal framework of “national security.”

Analysis

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As Hong Kong is seeing a devastating increase in political persecution, we will continue to pave the way to a free Hong Kong.

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