The Hong Kong High Court on Tuesday rejected a habeas corpus application lodged by Kinson Cheung, who challenged the legality of his continued detention following a successful appeal against his “excessive” sentences, according to local media Witness HK.

Cheung’s application for relief under the writ of habeas corpus questioned his ongoing imprisonment despite an appeal that reduced his sentence. He argued that he was entitled to a remission of sentence based on his industry and good conduct under Rule 69 of the Prison Rules. Following the sentence reduction ordered by the appeals court, Cheung contended that the Correctional Service Department (CSD) should have released him in June 2024 under Rule 69.

However, CSD counsel Mike SK Lui SC argued that the CSD commissioner must consider whether granting Cheung’s remission will be contrary to the interests of national security, under Rule 69(1A), a provision introduced by the new Article 23 National Security Legislation. In March, the same rule blocked the remission of Ma Chun Man, convicted of incitement to secession under the 2020 National Security Law (NSL). Lui further stated that the CSD Commissioner was still deliberating on Cheung’s remission but could not provide a timeline for a decision.

Cheung’s counsel, Robert Pang SC, challenged the scope of “an offense endangering national security” under the provision, asserting that Cheung’s continued detention was illegal and requested bail as interim relief. Lui argued that Cheung should have raised this challenge through judicial appeal instead of a writ for habeas corpus.

Judge Anna Lai initially expressed a tendency to rule in favor of Cheung. However, on Tuesday, Lui submitted a decision by the Committee for Safeguarding National Security of the HKSAR, stating that Cheung’s offense–incitement to wound with intent–involved national security. The CSD Commissioner also argued that Cheung did not demonstrate genuine remorse, highlighting his sympathy towards a perpetrator. Citing HKSAR v Lai Chee Ying, Judge Lai denied Cheung’s applications because the court has no power to review the committee’s decision, which is binding on the court.

Judge Russell Coleman was originally assigned to the case but was replaced by NSL-designated Judge Anna Lai following the Chief Executive’s issuance of a certificate under section 115 of the Safeguarding National Security Ordinance, stating that Cheung’s act involved national security.

Cheung, along with three other former HKU student leaders, pleaded guilty to incitement to wound with intent after the passing of a motion in July 2021 commemorating the death of Leung Kin-fai, who committed suicide after stabbing a police officer. The trial judge initially sentenced them to two years in prison. However, on September 14, the appeals court reduced their terms to 15 months, stating that while the offense remained “very serious” attempt to incite violence, the original starting point of sentencing at 35 was “excessive.”