The High Court was told yesterday that disenfranchisement of prisoners violates the Basic Law and the automatic removal of their voting rights is discriminatory.

The remarks were made by barrister Martin Lee Chu-ming. Yesterday was the first day of a three-day judicial review of the voting ban against prisoners, those serving non-custodial sentences, convicts with pending appeals and the non-convicted.

The case was sought by legislator Leung Kwok-hung after two convicts, Simon Chan Kin-sum and Choi Chuen-sun made similar applications.

Lee, representing the applicants, said that whether a person can vote is a constitutional matter.

Having once been a lawmaker, Lee said the issue had been discussed by the Legislative Council before the Special Administrative Region was established.

According to the Society for Community Organization (SCO), which is helping Chan and Choi in their appeal, lawmaker Andrew Wong Wang-fat moved for a similar amendment in 1995.

Wong sought to remove the restriction banning persons who have been convicted, but not yet undergone imprisonment, from registration and voting in elections.

However, the proposal was vetoed by the British Hong Kong Government and the majority of lawmakers.

By law, criminals in jail lose the right to register as voters or cast ballots. But through administrative practice, people not convicted aren't allowed to vote pending the outcome of a trial or investigation.

"The government refrains (from conducting the review) because there is not much public support to change," Lee said.

Lee added that local permanent residents generally enjoy the right to vote, and the government should always ensure a citizen can exercise that right.

He said it is discriminatory to automatically remove the prisoners' voting rights.

The SCO said that if the government wants to treat convicts differently, it has to prove the action is of genuine need and reasonable.

Lee said that disenfranchisement hurts prisoners' dignity and humanity, which obstructs their rehabilitation upon release.

Meanwhile, Lee said many foreign countries enjoy a wide margin of appreciation for the voting rights of prisoners.

The European Court of Human Rights has ruled that the United Kingdom violated the European Convention on Human Rights with its sweeping ban on prisoners' voting rights, and the country was urged to amend the regulation.

Lee also pointed out that the South African government imposes no restriction on convicts' rights to cast ballots.

However, the United States is among those countries that don't afford anyone convicted of a felony the right to vote, unless they are later found innocent.

In yesterday's session, Chan and Choi recounted their experiences that led to their petitioning the court.

Chan, 32, was sentenced to 12 years in prison for robbing a bank and threatening to detonate a bomb, and Choi, 45, was imprisoned for 4.5 years for robbery.

They sought judicial appeal after Chan was disqualified from voter registration, and after Choi's request to change his registered address to Stanley Prison was rejected.

The judicial review continues today.

(HK Edition 11/11/2008 page1)