Hong Kong ‘Captain America’ protester loses appeal for early release under Article 23 bill

A former food delivery worker who filed the first legal challenge against Hong Kong’s domestic national security law has lost his appeal against the decision by the Correctional Services Department (CSD) to deny him early release.

The High Court handed down the judgment on Friday, rejecting Adam Ma Chun-man’s appeal that he was subjected to procedural unfairness by the commissioner of the department.

Ma was known as the “second-generation Captain America” for dressing as the Marvel character in anti-government protests.

Mr Justice Alex Lee Wan-tang said that courts would “generally defer to” the opinion of executive authorities on what was required to protect national security.

The court before Lee also heard that Ma did not explain how his “legitimate expectation” of having his sentence reduced due to good behaviour affected his national security assessment.

“With respect, I am unable to see how the fact that a prisoner based on the past practice of the CSD has a ‘legitimate expectation’ for early release may either increase or reduce the national security risk that might arise from his or her early release,” he said.