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Jess Ma

Andrew Chiu Ka-yin, one of the prosecution witnesses jailed in a landmark subversion case involving 47 Hong Kong activists, has become the first national security offender to obtain early release, the Post has learned.
A source also confirmed that Chiu, whose seven-year sentence was due to end in early 2028, left prison on Tuesday after being granted release for good behaviour.
His release two years ahead of his original sentence makes him the first national security convict to secure remission from the Correctional Services Department.
The former district councillor was one of the organisers of an unofficial poll, which the court ruled last year was part of a plot to overthrow the government in 2020.
A total of 45 former politicians and activists were convicted for their role in a conspiracy to subvert state power under the Beijing-decreed national security law, while two others were acquitted.
Chiu was jailed for seven years after the court reduced his sentence due to his guilty plea and the help he rendered to prosecutors by testifying against 16 of their former comrades who pleaded not guilty in a 118-day trial.
Two prosecution witnesses Au Nok-hin and Ben Chung Kam-lun were sentenced to six years and nine months, and six years and one month, respectively.
The plot’s mastermind, former legal scholar Benny Tai Yiu-ting, who pleaded guilty but was not a prosecution witness, received the stiffest sentence of 10 years.
Under existing rules, prisoners can have a third of their sentence reduced on the grounds of good behaviour.
But the Safeguarding National Security Ordinance passed last year stipulates that a prisoner convicted of such offences “must not be granted remission” and their sentences will only be reviewed for early release if the commissioner of correctional services is satisfied the move will “not be contrary to the interests of national security”.
Last year, activist Adam Ma Chun-man, who had been jailed for secession offences during the 2019 anti-government protests, had his scheduled early release blocked by the Correctional Services Department due to the new ordinance, enacted under Article 23 of the Basic Law, the city’s mini-constitution.
Ma’s lawyers had filed a legal challenge against the denial for procedural unfairness, but had lost their appeal.


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Hong Kong activist Andrew Chiu is first national security convict to be freed early

Andrew Chiu, who was hurt during a 2019 protest, was released two years ahead of schedule. Photo: Xiaomei Chen

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Tiffany Yuen has been freed from prison after completing her sentence. Photo: Handout

Tiffany Yuen returned home after 6am and was reunited with her family, a source said. Photo: Handout

Hong Kong 47: third batch of opposition activists freed after 4 years in prison

Stanley Prison. Three more activists have been released after serving jail terms for subversion. Photo: Sun Yeung

Nathan Lau and two others have been freed from prison after completing prison sentences for crimes under the national security law. Photo: Handout

Carol Ng, a former flight attendant and chairwoman of the Hong Kong Confederation of Trade Unions, has also been released. Photo: Nora Tam

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Adam Ma, the first person to mount a legal challenge against Hong Kong’s domestic national security law, has lost an appeal to overturn a decision barring his early release from prison. Photo: Brian Wong

The three presiding judges stressed that any sentencing reduction was discretionary and that denying a prisoner early release would not violate their right to liberty. Photo: Sun Yeung

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Adam Ma is serving a five-year jail term. Photo: Brian Wong

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News

Hong Kong

Law and Crime

Ex-district councillor, whose seven-year sentence was due to end in early 2028, left prison ahead of schedule due to good behaviour


Ex-district councillor, whose seven-year sentence was due to end in early 2028, left prison ahead of schedule due to good behaviour.


Hong Kong activist Andrew Chiu is first national security convict to be freed early

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Ex-district councillor, whose seven-year sentence was due to end in early 2028, left prison ahead of schedule due to good behaviour

Ex-district councillor, whose seven-year sentence was due to end in early 2028, left prison ahead of schedule due to good behaviour