Political situation
Written by: Chen Jialuo
2020-08-19 07:00
Last update date: 2020-08-19 07:00The former spokesperson of "Local Democracy Frontline" Liang Tianqi was convicted of rioting charges in the Mong Kok riot and sentenced to six years in prison. His lawyer had predicted that Liang Tianqi would be released in January 2022 at the earliest. "Hong Kong 01" learned that Liang Tianqi, who has served about half of his sentence, is planning to apply for the "release under supervision program" commonly known as "parole" in order to strive for early release from prison and restore "freedom". make a suggestion.
According to the news, Liang Tianqi has deeply reflected and regretted, and he behaved well in prison. However, due to Liang Tianqi's more sensitive identity, it is hard to say how likely it is to succeed. "Hong Kong 01" is inquiring with the Security Bureau and is waiting for a reply.
Some lawyers said that the committee mainly considers whether the applicant will repeat the offence, and the political background is not a factor.
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Documents are being prepared for short-term application
At present, the Security Bureau has established a statutory body, the "Committee for Released Prisoners under Supervision," consisting of 5 members, and is currently chaired by the former Acting Registrar Chen Jue. The committee is responsible for the implementation of two early release plans, including the "Supervised Release Plan", which is applicable to those who are serving 3 or more years of imprisonment (except for life imprisonment) and have served at least half of the full sentence or 20 months (with The longer one is the prisoner; the other is the "Pre-release Employment Program", which is applicable to those who are serving two or more years of imprisonment (except life imprisonment) and the earliest release date is reached within 6 months Prisoners, prisoners participating in this program must have been hired.
It is reported that Liang Tianqi intends to apply for the "release under supervision plan." He is currently at the stage of preparing documents and is expected to formally apply for it in the short term. Liang Tianqi was convicted of rioting in June 2018 and sentenced to 6 years in prison. In January of the same year, he was remanded for pleading guilty to assaulting a policeman and has served about 32 months in prison. Generally speaking, if a prisoner behaves well during the period of imprisonment, he can receive a reduction of his sentence, up to one-third of the actual sentence. In other words, Liang Tianqi will leave Shibi Prison as early as January next year.
Liang Tianqi was convicted of rioting in June 2018 and sentenced to 6 years in prison. In January of the same year, he was remanded for pleading guilty to assaulting a policeman and has served about 32 months in prison. Generally speaking, if a prisoner behaves well during the period of imprisonment, he can receive a reduction of his sentence, up to one-third of the actual sentence. In other words, Liang Tianqi originally left Shek Pik Prison as early as January next year.
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Liang Tianqi is currently serving his sentence in Shibi Prison. (Profile picture)
Medical report required, police can make recommendations
According to Article 6 of the Prisoners (Release under Supervision) Ordinance, a prisoner who is eligible for release may, within 6 months before being eligible, submit a written application to the Chief Executive through the Committee, requesting an order under that Article to allow him to be released. Released under supervision. Article 7 of the Ordinance provides that, after considering the committee’s recommendations, the Chief Executive may specify conditions that he considers appropriate to be included in the supervision order.
According to the procedure, after a prisoner submits an application for parole, multiple departments must prepare documents for consideration by the "Release under Supervision Committee", including the supervision of the correctional institution to submit a report on the applicant’s behavior in prison; the applicant’s medical report may include Reports from psychiatrists and psychologists; any reports and recommendations made by the Commissioner of Police or other law enforcement agencies for the committee.
At the same time, applicants have the right to make written representations to the committee. The committee will also consider other documents, including letters from prisoners’ family members, friends, lawyers, etc., and employment documents. The committee decides whether to recommend that the applicant be released under supervision, taking into account a number of factors, including the applicant's personality and sense of responsibility, people with whom he had been in prison, and criminal record.
Nearly 40% of applications approved in the past 3 years
According to the source, Liang Tianqi’s behavior was very good during his sentence. He was transferred to the highest level prison (Cat. A) earlier this year and got along well with the prisoners. He earlier decided not to appeal his sentence to the Court of Final Appeal, reflecting his sincere regrets. I believe that even if he is granted parole, he will tend to be low-key. However, Liang Tianqi's high social reputation has no influence on his application for parole.
A Legislative Council member who did not want to be named said that he had heard relevant news and would write letters for the other party if necessary.
Lawyer: The committee mainly considers whether to repeat the crime
The former president of the Law Society, Xiong Yunxin, said that in general, the committee mainly considers whether the applicant will repeat the offence, including referring to the prisoner’s behavior report provided by the penal institution, and also requesting an independent psychiatrist or psychologist’s report. Social activists or riot cases will see if the applicant has a tendency to be violent, or whether he has maliciously targeted the police." He does not believe that the applicant’s "color" or background is an important consideration of the committee. He pointed out that unless the chief executive has a good reason, in the case of past applications, he will generally follow the committee’s recommendations.
In response to Liang Tianqi’s case, Xiong Yunxin said that he did not know how long it would take to hear the parole trial. It may take several months. He believed that if Liang Tianqi behaved well and was deducted from the sentence, he could be released after sitting for 48 months, but if he was successfully released on parole, he would be subject to supervision. The order is restricted for more than two years. Although there is a certain chance of winning, it can be released a few months earlier, but in general, "there is not necessarily a number."
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According to information from the Security Bureau, from 2017 to 2019, a total of 86 applications for the “Release under Supervision Program” were reviewed by the committee, of which 33 were approved, accounting for 38.4%. The rate of successful applications has been declining year by year in the past three years. If the application is rejected, in accordance with Article 12(1) of the Ordinance, the applicant has the right to submit an application for review to the Chief Executive in writing through the Committee within 14 days after receiving the notification of rejection.
Leung Tin Chi Correctional Services Department Mong Kok riots hearing Mong Kok riots