China News Service, Hong Kong, March 27 (Xinhua) The British Broadcasting Corporation (BBC) recently broadcast a report titled "Hong Kong's 'Article 23' and the National Security Law: 'Second Generation Captain America' Ma Junwen was refused a commutation of his sentence under the new regulations." It quoted anti-China organizations and wanted criminals who were absconding abroad and distorted the facts. The Hong Kong SAR government expressed strong dissatisfaction and condemnation of this extremely misleading report on the 27th, and believed that it was necessary to provide clarification to set the record straight.
A spokesman for the SAR government emphasized that before and after the "Maintenance of National Security Ordinance" came into effect, prisoners never had the necessary right to early release. The duty of the Commissioner of Correctional Services is to strictly enforce the custodial sentence imposed by the court on each prisoner. Any discretionary power to grant early release to prisoners must be exercised in accordance with the provisions of the law.
The spokesman said that in the past, there were cases in Hong Kong where prisoners convicted of crimes endangering national security absconded or continued to engage in behaviors and activities that endangered national security during their early release supervision period. In order to safeguard national security and protect the public, it is necessary to impose stricter restrictions on whether prisoners involved in crimes endangering national security can be released early. The relevant arrangements do not change the sentences imposed by the courts on those who commit crimes endangering national security, so there is no so-called "disguised increase in sentences".
The spokesman explained that the Maintenance of National Security Ordinance made amendments to the Supervision of Released Prisoners Ordinance and the Supervision of Released Prisoners Regulations. If a prisoner is serving a sentence for a crime endangering national security, unless the Correctional Services Department If the Director is satisfied that the prisoner's early release will not be detrimental to national security, he shall not refer the prisoner's case to the Release Supervision Board for consideration. Similarly, the revised Prison Rules also stipulate that if a prisoner is serving a sentence for an offense endangering national security, the prisoner's sentence shall not be commuted unless the Commissioner of Correctional Services is satisfied that the reduction of the prisoner's sentence will not be detrimental to national security. Prisoners are not allowed to have their sentences reduced under the relevant rules.
The spokesman said that the relevant provisions apply to all prisoners who are serving sentences for crimes that endanger national security, regardless of whether their sentences are imposed before, on or after the relevant amendments come into effect. The execution of sentences has always been within the purview of administrative agencies. The Commissioner of Correctional Services shall consider the actual circumstances of the case and all relevant factors, including the representations of persons in custody, and strictly carry out his duties and exercise his discretion in accordance with the powers conferred by the law to ensure that All cases are handled fairly.
The spokesperson pointed out that while citing the accusations made by anti-China organizations against the Hong Kong Special Administrative Region, the BBC completely ignored the British Terrorism Offenders (Restriction on Early Release) Act 2020, a law on terrorist offenders that tightens the rules for defendants convicted of terrorism cases. The requirement for people to be "paroleed" is completely a "double standard." The SAR government strongly condemns it. (over)