29 Apr 2025集誌社#6741
47-person case | National security vehicles leave, preventing appearances; Correctional Services: arrangements made in response to inmates’ wishes | A review of public figures released from prison | National security case defendants and former senior officials walk out of prison
4 月 29 日清晨，剛剛天亮，多部國安警的私家車，已兵分三路，由羅湖懲教所、赤柱監獄、石壁監獄陸續駛出，部分車輛拉上了窗簾，看不見車內的情況。車內相信是民主派初選 47 人案，首批獲釋的被告毛孟靜、譚文豪、郭家麒、范國威，他們先後被警方的車輛接回家。有關的出獄安排，跟一般在囚人士有別。懲教署回覆《集誌社》查詢指，因應保安和秩序、在囚人士意願、私隱和安全等因素，作出適當安排。
At dawn on 29 April, as daylight was just breaking, multiple private cars belonging to the national security police left in three groups from Lo Wu Correctional Institution, Stanley Prison and Shek Pik Prison. Some vehicles had their curtains drawn, making it impossible to see inside. The vehicles were believed to be carrying Mao Meng-ching, Tam Man-ho, Kwok Ka-ki and Fan Kwok-wai, the first defendants in the pro-democracy primary election 47-person case to be released; police vehicles took them home one after another. The arrangements for their release differed from those for ordinary inmates. In response to an inquiry from The Collective, the Correctional Services Department said it had made appropriate arrangements taking into account factors including security and order, the inmates’ wishes, privacy and safety.
25 Apr 2025法庭線#6727
Cardinal Joseph Zen, Arrested in 612 Fund National Security Case and Ordered to Surrender Passport, Allowed to Leave Hong Kong for Pope Francis’s Funeral
教宗方濟各（Pope Francis）周一在梵蒂岡逝世。天主教香港教區榮休主教陳日君樞機的秘書，周五（25 日）向《法庭線》確認，陳經法庭批准暫時取回護照，並已啟程前往梵蒂岡，暫未有返港日期。
陳日君與「612基金」另 5 人於 2022 年被捕，警方國安處指他們涉違「勾結」罪，引用實施細則附表二，要求眾人交出護照。陳曾經於 2023 年初獲法庭批准暫時取回護照，他當時赴梵蒂岡出席教宗本篤十六世的喪禮。
Pope Francis died at the Vatican on Monday. The secretary to Cardinal Joseph Zen Ze-kiun, emeritus bishop of the Catholic Diocese of Hong Kong, confirmed to The Witness on Friday (25th) that Zen had been granted court approval to temporarily retrieve his passport and had departed for the Vatican. He does not yet have a date for his return to Hong Kong.
Zen and five others linked to the 612 Fund were arrested in 2022. The Police National Security Department said they were suspected of violating a “collusion” offence and cited Schedule 2 of the Implementation Rules, requiring them to surrender their passports. Zen was granted court approval to temporarily retrieve his passport in early 2023, when he travelled to the Vatican to attend the funeral of Pope Benedict XVI.
22 Apr 2025法庭線#6718
Hong Kong Alliance Incitement-to-Subversion Case to Undergo Second Pre-Trial Review in Early August; Trial Earlier Adjourned to November
支聯會及其前正副主席李卓人、何俊仁、鄒幸彤被控「煽動顛覆國家政權」案，原定今年 5 月開審，惟法官早前指因另案超時已不可行，押後 11 月開審。司法機構網頁最新顯示，案件將在今年 8 月 4 日處理第二次審前覆核。
據今年 2 月的首次審前覆核，原擬不認罪的何俊仁，由大狀提出有意改為擬認罪，並稱正與控方商討，法官當時限 14 天內作書面通知。3 人仍正還押，李卓人、鄒幸彤已還押逾 1,300 日；一度准保釋的何俊仁亦已還押逾 1,100 日。
The case against the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chair and vice-chair, Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, over alleged “incitement to subversion of state power” was originally scheduled for trial in May this year. The judge earlier said the trial was no longer feasible because another case had overrun, and adjourned it to November. The Judiciary’s website now shows that the case will undergo its second pre-trial review on 4 August this year.
At the first pre-trial review in February this year, counsel for Albert Ho Chun-yan, who had initially intended to plead not guilty, said he intended to change his plea to guilty and was discussing the matter with the prosecution. The judge then gave him 14 days to provide written notice. All three remain in custody. Lee Cheuk-yan and Chow Hang-tung have been remanded for more than 1,300 days, while Ho Chun-yan, who was granted bail for a period, has also been remanded for more than 1,100 days.
15 Apr 2025法庭線#6694
Portuguese Man’s Appeal Against Five-Year Sentence for Conspiracy to Incite Secession Dismissed; Judgment Says Conspiracy Offence Also Subject to Minimum Term
被指為「香港獨立黨」主席的 41 歲葡籍男音樂教師，2022 年入境時被捕，早前承認《國安法》下的「串謀煽動他人實施分裂國家」罪，被判囚 5 年，不獲全數認罪扣減。被告不服刑期提上訴許可，上訴庭周二（15 日）駁回申請。
上訴方引「47 人案」指，當中 4 名被告被裁定屬「首要分子」，其中 3 人因認罪等因素，獲判囚 10 年以下，跌出刑期下限，律政司沒提出上訴，顯示《國安法》下的刑罰分級具參考價值，非強制套用於「串謀罪」。
上訴庭反駁，如《國安法》下的「煽動分裂國家」罪有刑期下限，「串謀」同樣的罪行卻沒下限，兩者都是未遂罪，「這不合理也不合邏輯」。判詞又提到，下級法院就「47 人案」沒詳細討論，或充分考慮相關銜接原則，以及「串謀罪」應如何在《國安法》的量刑框架內運作，不同意分級制不具強制性而只有參考價值。
A 41-year-old Portuguese male music teacher described as the chairman of the “Hong Kong Independence Party” was arrested upon entering Hong Kong in 2022. He earlier pleaded guilty to the offence of “conspiracy to incite others to commit secession” under the National Security Law and was sentenced to five years’ imprisonment, without receiving the full reduction for his guilty plea. He sought leave to appeal against the sentence, but the Court of Appeal dismissed the application on Tuesday (15th).
The appellant cited the “Hong Kong 47” case, saying that four defendants were found to be “principal offenders”, and that three of them, owing to factors including their guilty pleas, were sentenced to less than 10 years’ imprisonment, below the minimum term. The Department of Justice did not appeal, which, he argued, showed that the sentencing tiers under the National Security Law had reference value and were not mandatory for a “conspiracy offence”.
The Court of Appeal rejected the argument, saying that if the offence of “inciting secession” under the National Security Law had a minimum term, it would be “unreasonable and illogical” for the same offence in conspiracy form to have no minimum term, as both were inchoate offences. The judgment also said that the lower court in the “Hong Kong 47” case had not discussed in detail, or sufficiently considered, the relevant bridging principles and how the “conspiracy offence” should operate within the National Security Law’s sentencing framework. It disagreed that the sentencing tiers were merely of reference value and not mandatory.
10 Apr 2025集誌社#6671
National security wanted list | Hui Wing-ting’s parents taken away by national security police
被香港國安警懸紅 100 萬元通緝的許穎婷，據了解，其父母今早被國安警帶走，在下午時份陸續離開警署。許穎婷的母親，在去年 12 月曾被帶走問話。25 歲的許穎婷，為前學民思潮成員、We The Hongkongers（美國港人組織） 發起人。她被國安警指，涉嫌在 2020年 10月至 2022年1月，透過不同平台和形式，請求外國對中華人民共和國進行「制裁」、封鎖及採取其他敵對行動。許穎婷在 2020 年 7 月離港，保安局長在 2024 年 12 月 24 日將她列為「指明潛逃者」。
Hui Wing-ting, who is wanted by Hong Kong national security police with a $1 million bounty, is understood to have had her parents taken away by national security police this morning. They left the police station separately in the afternoon. Hui’s mother was taken away for questioning last December. Hui, 25, is a former member of Scholarism and founder of We The Hongkongers, a US Hong Kong organisation. National security police accuse her of allegedly requesting foreign countries, through different platforms and in various forms between October 2020 and January 2022, to impose “sanctions”, a blockade and other hostile actions against the People’s Republic of China. Hui left Hong Kong in July 2020, and the Secretary for Security designated her a “specified absconder” on 24 December 2024.
9 Apr 2025法庭線#6665
New sedition offence sentencing: Court attendee complains of being photographed by staff; Judiciary says investigation found allegation untrue
57 歲社民連前成員周劍豪，被指去年在社交平台，發布涉及「共產黨食屎啦」等 145 則帖文，周二（8 日）在西九龍裁判法院承認「新煽動罪」，被判監禁 12 個月。同日有旁聽人士投訴休庭期間，遭司法機構職員拍攝。總裁判官蘇惠德庭上指，事件非發生在司法程序進行期間，建議事主向司法機構政務長投訴。
事隔一日，司法機構回覆《法庭線》查詢指，已就事件進行內部調查，「結果顯示有關指稱不符事實」，又指「有關人士於報警後，在場警員亦已即場調查，調查結果確認有關人員並沒有拍攝照片」。
The 57-year-old former Social Democratic League member Kim Ho Chow was accused of posting 145 messages on social media last year, including posts saying “Communist Party, go eat shit”. The person pleaded guilty to the “new sedition offence” at West Kowloon Magistrates’ Courts on Tuesday (8th) and was sentenced to 12 months’ imprisonment. On the same day, a court attendee complained of being photographed by Judiciary staff during an adjournment. Chief Magistrate Victor So Wai-tak said in court that the incident did not occur during judicial proceedings and suggested that the complainant lodge a complaint with the Judiciary Administrator.
A day later, the Judiciary told The Witness that it had conducted an internal investigation into the incident, saying that “the results showed that the allegations were inconsistent with the facts”. It also said that, after the person reported the matter to the police, officers present investigated it on the spot, and the investigation confirmed that the staff member concerned had not taken any photographs.
1 Apr 2025法庭線#6640
Article 23｜Man jailed for 10 months after admitting writing “Taiwan independence” and other words on pedestrian footbridge lift doors; judge says severe punishment needed to deter imitation
53 歲男子被指 2024 年，在灣仔一帶行人天橋升降機門，寫上「習維尼係終國殺人王」、「共匪狗手淫曲係垃圾」、「共匪冧檔」、「台獨」等字眼，被控 8 項刑事損壞罪及 1 項「新煽動罪」，周二（4 月 1 日）在西九龍裁判法院承認包括「新煽動罪」在內的 5 罪，判囚 10 月。
案情提到，被告警誡下承認犯案，宣洩對「47 人案」、「721 案」判決不滿，又認為香港現時沒有民主、自由，不想台灣像香港一樣。總裁判官蘇惠德指，涉案字眼與國家領導人有關，又咒罵中央政權、貶低代表民族尊嚴的國歌，為了防範危害國安行為，要在刑罰上從嚴，避免他人仿效、為轉趨平和的社會帶來暗湧。
A 53-year-old man was accused of writing “Xi Winnie is the Murder King of ‘End China’”, “the communist bandit dogs’ masturbation song is rubbish”, “the communist bandits have collapsed” and “Taiwan independence” on the doors of pedestrian footbridge lifts in the Wan Chai area in 2024. He was charged with eight counts of criminal damage and one count of the “new sedition offence”. On Tuesday (1 April), he pleaded guilty at the West Kowloon Magistrates’ Courts to five offences, including the “new sedition offence”, and was sentenced to 10 months’ imprisonment.
The facts of the case stated that the defendant admitted the offences under caution. He had vented his dissatisfaction with the verdicts in the “47-person case” and the “721 case”, and believed that Hong Kong currently had no democracy or freedom. He did not want Taiwan to become like Hong Kong. Chief Magistrate Suen Hui-der said the words involved the country’s leaders, cursed the central regime and denigrated the national anthem, which represents national dignity. To prevent conduct endangering national security, a severe sentence was necessary to deter others from imitating him and to prevent undercurrents from emerging in a society that was becoming more peaceful.
17 Mar 2025法庭線#6585
Top court rejects Jimmy Lai’s appeal bid over claim national security committee exceeded powers in recommending Tim Owen visa refusal
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲高等法院批准，聘用英國御用大狀 Tim Owen 來港抗辯。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英 2023 年入稟司法覆核，挑戰國安委建議入境處拒絕向 Tim Owen 批出簽證，指國安委越權，被高院駁回許可申請。黎向上訴庭申請上訴至終審法院被拒，再向終院直接申終極上訴許可，終院上訴委員會周一（17 日）駁回申請。
Apple Daily founder Jimmy Lai was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to conduct his defence. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress issued an interpretation of the National Security Law stating that, before approving the appointment of an overseas lawyer in a national security case, the court should first obtain a certificate issued by the Chief Executive.
In 2023, Lai applied for judicial review, challenging the Committee for Safeguarding National Security’s recommendation that the Immigration Department refuse to issue a visa to Tim Owen, arguing that the committee had exceeded its powers. The High Court rejected his application for leave. Lai then applied to the Court of Appeal for leave to appeal to the Court of Final Appeal, but was refused. He subsequently applied directly to the Court of Final Appeal for leave to bring a final appeal. The court’s Appeal Committee rejected the application on Monday (the 17th).
7 Mar 2025法庭線#4608
Jimmy Lai case | Defence completes evidence; closing submissions set for 28 July
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周五（7 日）在西九龍裁判法院（暫代高等法院）展開第 145 日審訊。辯方呈堂黎 WhatsApp 紀錄、公司組織章程大綱等文件，正式完成舉證。
經控辯雙方商討後，法官杜麗冰將口頭結案陳詞訂於 7 月 28 日處理，預料需時 8 日。另外，案件下周二（11 日）開庭，商討有關結案陳詞法庭關注的地方、書面陳詞的大綱以及提交時間表。散庭時，黎脫下耳機，向家人及法律團隊輕輕揮手道別。
Next Digital founder Jimmy Lai, who is charged with offences including conspiracy to collude with foreign forces, appeared on Friday (7th) for the 145th day of his trial at the West Kowloon Magistrates’ Courts, which is temporarily acting as the High Court. The defence submitted Lai’s WhatsApp records, the company’s memorandum of association and other documents into evidence, formally completing its case.
After discussions between the prosecution and defence, Judge Toh Lai-ping scheduled oral closing submissions for 28 July, which are expected to take eight days. The case will also be heard next Tuesday (11th) to discuss the court’s areas of concern regarding the closing submissions, the outline of the written submissions and the timetable for filing them. At the end of the hearing, Lai removed his earpiece and gently waved goodbye to his family and legal team.
7 Mar 2025法庭線#4609
Tam Tak-chi sedition case | Edward Wong Kai-yeung i: Judgment adopts a stricter stance on freedom of speech; Grenville Cross says National Security Law, Article 23 and international standards are consistent
人民力量前副主席「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論， 被裁定 11 項《刑事罪行條例》下的煽動罪成（舊煽動罪）。他早前提出終極上訴，周四（6 日）被終院 5 位法官一致駁回。
終院判詞指，本港煽動罪非普通法罪行，普通法煽暴意圖並非定罪必要條件，又裁定區院有權審理煽動罪。法律評論員黃啟暘認為，裁決反映法庭對言論自由採取較嚴厲立場；又對終院以新訂的《維護國家安全條例》，反證法庭不應達致有矛盾的結論表示「驚訝」，但認為裁決對日後案件影響有限。
前刑事檢控專員江樂士則認為，終院裁決無可挑剔（impeccable），指出英國樞密院判決對港無約束力，香港自 1997 年後根據本地情況及刑事法律發展普通法；又指《國安法》及《維護國家安全條例》均訂明依法保障自由，認為本港已付出額外努力與國際標準保持一致。
Former People Power vice-chairman “Fast Beat” Tam Tak-chi was found guilty of 11 counts of sedition under the Crimes Ordinance (the former sedition offence) over remarks including “all black cops’ families should die” and “Liberate Hong Kong, revolution of our times” made at street stalls in 2020. He earlier brought a final appeal, which was unanimously dismissed by the five judges of the Court of Final Appeal on Thursday (the 6th). The Court of Final Appeal held that Hong Kong’s sedition offence is a statutory, rather than common law, offence, and that a common law intention to incite violence is not a necessary element for conviction. It also ruled that the District Court had jurisdiction to hear sedition cases.
Legal commentator Wong Kai-yeung said the ruling reflected a stricter judicial approach to freedom of expression. He also said he was “surprised” that the Court of Final Appeal had referred to the newly enacted Safeguarding National Security Ordinance to support the conclusion that the court should not reach an inconsistent interpretation, although he believed the ruling would have only limited impact on future cases.
Former Director of Public Prosecutions Grenville Cross, meanwhile, described the Court of Final Appeal’s ruling as “impeccable”. He said decisions of the UK Privy Council are not binding on Hong Kong, and that since 1997 Hong Kong has developed its common law in light of local circumstances and its own criminal law. He added that both the National Security Law and the Safeguarding National Security Ordinance expressly provide for the protection of freedoms in accordance with the law, and said Hong Kong had gone to additional lengths to remain aligned with international standards.
Translations are supplied by the source workbook. Consult the original reporting for context.
