The Hong Kong Excessive Court docket on Tuesday rejected a writ of habeas corpusutility lodged by Kinson Cheung, who challenged the legality of his continued detention following a profitable appeal towards his “extreme” sentences, in keeping with native media Witness HK.
Cheung’s utility for a writ of habeas corpusquestioned his ongoing imprisonment regardless of an attraction that lowered his sentence. He argued that he was entitled to a remission of sentence primarily based on his business and good conduct below Rule 69 of the Prison Rules. Following the sentence discount ordered by the appeals courtroom Cheung contended that the Correctional Service Division (CSD) ought to have launched him in June 2024 below Rule 69.
Nevertheless, CSD counsel Mike SK Lui SC argued that the CSD Commissioner should think about whether or not granting Cheung’s remission shall be opposite to the pursuits of nationwide safety, below Rule 69(1A), a provision launched by Article 23 of the National Security Legislation. In March, the identical rule blocked the remission of Ma Chun Man, convicted of incitement to secession below the 2020 National Security Law (NSL). Lui additional acknowledged that the CSD Commissioner was nonetheless deliberating on Cheung’s remission however couldn’t present a timeline for a choice.
Cheung’s counsel, Robert Pang SC, challenged the scope of “an offense endangering nationwide safety” below the availability, asserting that Cheung’s continued detention was unlawful and requested bail as interim aid. Lui argued that Cheung ought to have raised this problem by judicial attraction as an alternative of a writ for habeas corpus.
Choose Anna Lai initially expressed an inclination to rule in favor of Cheung. Nevertheless, on Tuesday, Lui submitted a choice by the Committee for Safeguarding Nationwide Safety of the HKSAR, stating that Cheung’s offense–incitement to wound with intent–concerned nationwide safety. The CSD Commissioner additionally argued that Cheung didn’t exhibit real regret, highlighting his sympathy in direction of a perpetrator. Citing HKSAR v Lai Chee Ying, Choose Lai denied Cheung’s purposes as a result of the courtroom has no energy to overview the committee’s choice, which is binding on the courtroom.
Choose Russell Coleman was initially assigned to the case however was changed by NSL-designated Choose Anna Lai following the Chief Government’s issuance of a certificates below section 115 of the Safeguarding Nationwide Safety Ordinance stating that Cheung’s act concerned nationwide safety.
Cheung, together with three different former HKU pupil leaders, pleaded responsible to incitement to wound with intent after the passing of a movement in July 2021 commemorating the loss of life of Leung Kin-fai, who dedicated suicide after stabbing a police officer. The trial decide initially sentenced them to 2 years in jail. Nevertheless, on September 14, the appeals courtroom lowered their jail phrases to fifteen months, stating that whereas the offense remained a “very severe” try and incite violence, the unique 35 month sentence was “extreme.”
Source / Picture: jurist.org
