On 4 March 2025, the Hong Kong Correctional Services Department (CSD) succeeded in petitioning the court to impose half of the legal costs regarding the judicial review of a decision on activist Ma Chun-man by amending a previous court ruling that had dismissed the case without costs. Ma had sought judicial review challenging the Correctional Services Department’s decision refusing to reduce his sentence under the National Security Law (NSL) based on the Safeguarding National Security Ordinance (SNSO) (also known as Article 23), a law passed long after his imprisonment. The ordinance requires that for prisoners convicted of offenses endangering national security to obtain remission of sentence or early release, the Commissioner of Correctional Services must first determine whether such remission or early release “will not be contrary to the interests of national security.” If it is contrary, such early release or remission “must not” be granted. Initially, the court dismissed Ma’s review without issuing a costs order. The CSD then petitioned the court to modify its decision, resulting in Ma being required to pay half the legal costs of the review and the full cost of the application to modify the costs order. This financial burden is an obstacle for individuals seeking to challenge government actions, particularly in cases involving national security laws. This reflects a growing trend since the NSL’s enactment in 2020, where the Hong Kong government increasingly uses mechanisms to suppress dissent and restrict challenges to state actions.
