The Hong Kong Special Administrative Region Government today strongly condemned a BBC report on remission of sentence under the Safeguarding National Security Ordinance and the fact-twisting remarks by anti-China organisations and wanted persons absconded overseas.

In a statement, the Hong Kong SAR Government said that no matter whether before or after the ordinance comes into effect, the granting of early release is never a necessary right to prisoners.

It is the Commissioner of Correctional Services’ duty to strictly enforce any prison sentence imposed by the court on each prisoner and any discretion to grant early release of prisoners must be exercised in accordance with the law, the statement added.

“There have been cases in which prisoners convicted of offences endangering national security absconded or continued to carry out acts and activities endangering national security when they were granted early release under supervision.

“To safeguard national security and protect the public, it is necessary to impose more stringent restrictions on the granting of early release to prisoners involved in offences endangering national security.”

The arrangement will not change the sentences imposed by the court on those who have committed offences endangering national security, and as such, it is not a question of whether it will in effect increase the sentences.

The Safeguarding National Security Ordinance makes amendments to the Post-Release Supervision of Prisoners Ordinance and the Post-Release Supervision of Prisoners Regulation.

If a prisoner serves a sentence in respect of their conviction of an offence endangering national security, the Commissioner of Correctional Services must not refer the case to the Post-Release Supervision Board for consideration, unless the commissioner is satisfied the prisoner's early release will not be contrary to the interests of national security.

The ordinance also makes amendments to the Prison Rules, providing that if a prisoner serves a sentence in respect of their conviction of an offence endangering national security, the prisoner must not be granted remission unless the commissioner is satisfied their being granted remission will not be contrary to the interests of national security.

“The relevant requirements are applicable to all prisoners serving their sentences in respect of their convictions of offences endangering national security, irrespective of whether they were sentenced before, on or after the effective date of the amendments.

“The enforcement of sentences has always been under the purview of the executive authorities. The Commissioner of Correctional Services will enforce the relevant provisions and exercise discretion in strict accordance with the power vested by the law after taking into account the actual circumstances and all related factors of each case, including representations by the persons in custody, in order to ensure all cases are fairly dealt with.”

The Hong Kong SAR Government noted that the BBC has cited accusations by anti-China organisations while turning a blind eye to the UK’s Terrorist Offenders (Restriction of Early Release) Act 2020, which tightens the threshold for eligibility for the parole of offenders convicted of terrorist offences.

The BBC has demonstrated complete double standards and the Hong Kong SAR Government strongly condemns this, the statement added.