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The Correctional Services Department today said it strongly disapproved of and condemned Chan Man-mun's article in which he made unfounded and misleading remarks on the Safeguarding National Security Ordinance. The article titled Retrospective Effect was published in Ming Pao yesterday. The department noted that the grant of early release has never been a guaranteed right of persons in custody (PICs) under the laws of Hong Kong, whereas PICs should in principle serve the full sentence imposed by the court before they can be released. It added that the mechanism of granting of remission or early release under the legislation is established to encourage good conduct and industry of PICs. Any discretion by the Commissioner of Correctional Services to grant early release or any referral of a PIC's case to the relevant board for consideration of early release must be exercised or handled in accordance with the provisions of the relevant laws, such as the Long-term Prison Sentences Review Ordinance, the Post-Release Supervision of Prisoners Ordinance and the Prison Rules. As regards PICs serving their sentences in respect of their convictions of offences endangering national security, the Safeguarding National Security Ordinance amended corresponding ordinances such that the PIC must not be granted remission or his case must not be referred to the relevant board for consideration of early release or sentence review, unless the commissioner is satisfied that the grant of remission or the early release will not be contrary to the interests of national security. The new provisions are applicable to all PICs serving sentences in respect of their convictions of offences endangering national security, irrespective of whether they were sentenced before, on or after the commencement of the relevant amendments. The department also highlighted that the new provisions are not punitive measures; do not increase the length of sentences imposed by the court, nor do they affect those who have already been released early. Therefore, the new provisions definitely do not engage the provisions under the Hong Kong Bill of Rights against retrospective criminal offences or penalties. The department emphasised that the two so-called "controversial" points mentioned in the Ming Pao article are factually inaccurate. First, section 7 of the Safeguarding National Security Ordinance provides for a clear definition of "offence endangering national security". Therefore, there is no such case as alleged in the article that "the Commissioner decides on his own to expand the scope of offences endangering national security". Furthermore, the principles established under case law are that the court must not, when sentencing a defendant, consider whether the defendant will be granted remission or early release in accordance with the law. The department pointed out that the article misled readers to believe that if a PIC is not granted remission or early release in accordance with the law, it would be tantamount to receiving a heavier sentence and a breach of the Hong Kong Bill of Rights through these false remarks.
posted on Jul 25, 2024 12:00 am
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At
11 a.m.
at the Hong Kong Observatory :
Air temperature : 28 degrees Celsius
Relative Humidity : 94 per cent
During the past hour
the mean UV Index recorded at King's Park : 0.5
Intensity of UV radiation : low Please be reminded that:The Amber Rainstorm Warning Signal has been issued.The Thunderstorm Warning has been issued. It will remain effective until 1:00 p.m. today. Squally thunderstorms are expected to occur over Hong Kong. The air temperatures at other places were:
Hong Kong Observatory28 degrees ;
King's Park27 degrees ;
Wong Chuk Hang27 degrees ;
Ta Kwu Ling27 degrees ;
Lau Fau Shan29 degrees ;
Tai Po27 degrees ;
Sha Tin28 degrees ;
Tuen Mun29 degrees ;
Tseung Kwan O27 degrees ;
Sai Kung27 degrees ;
Cheung Chau27 degrees ;
Chek Lap Kok30 degrees ;
Tsing Yi27 degrees ;
Tsuen Wan Ho Koon27 degrees ;
Tsuen Wan Shing Mun Valley27 degrees ;
Hong Kong Park27 degrees ;
Shau Kei Wan27 degrees ;
Kowloon City27 degrees ;
Happy Valley28 degrees ;
Wong Tai Sin27 degrees ;
Stanley27 degrees ;
Kwun Tong27 degrees ;
Sham Shui Po27 degrees ;
Kai Tak Runway Park27 degrees ;
Yuen Long Park28 degrees ;
Tai Mei Tuk26 degrees .
Between 9:45 and 10:45 a.m., lightning was detected over all regions. The rainfall recorded in various regions were:
Yau Tsim Mong1 to 4 mm;
Central & Western District0 to 9 mm;
Kwai Tsing0 to 9 mm;
Tai Po0 to 5 mm;
North District0 to 4 mm;
Yuen Long0 to 4 mm;
Southern District0 to 3 mm;
Kowloon City0 to 2 mm;
Islands District0 to 10 mm;
Sham Shui Po0 to 1 mm;
Tsuen Wan0 to 1 mm;
Tuen Mun0 to 1 mm;
Wan Chai0 to 1 mm.
posted on Jul 27, 2024 11:02 am
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Communicable Diseases Watch Volume 20, Number 7, Weeks 25 - 29 (June 16 – July 20, 2024)
posted on Jul 25, 2024 12:00 am
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