24 Apr 2023獨媒#6353
Director of Public Prosecutions Mi Ki Yeung says words can become weapons and must be guarded against early
《港區國安法》實施近三年，律政司刑事檢控專員楊美琪在港台節目中指出，煽動他人分裂國家罪的性質與普通法的煽惑或串謀相似，用作防患於未然：「有啲罪行實在太嚴重，所以我哋要防患未然，及早去阻止。如果唔係嘅話，我成日話畀人聽，words are weapons，你說話嘅言語呢，實際可以係做成武器。」
楊美琪接受港台節目《國安法事件簿2》訪問，談及分裂國家罪及煽惑罪，指後者正是要防止在最早的可能性下作出實際罪行，煽惑罪或煽動他人分裂國家罪是要防患於未然。
Nearly three years after the Hong Kong National Security Law came into force, Director of Public Prosecutions Mi Ki Yeung of the Department of Justice said on an RTHK programme that the offence of inciting others to secede is similar in nature to the common-law offences of incitement or conspiracy, and is intended to prevent serious offences before they occur. “Some offences are simply too serious, so we have to prevent them before they happen and stop them at an early stage. Otherwise, as I always tell people, words are weapons; what you say can actually be made into a weapon.”
In an interview with RTHK’s programme “National Security Law Casebook 2”, Mi Ki Yeung discussed the offence of secession and the offence of incitement, saying that the latter is intended to prevent an actual offence from being committed at the earliest possible stage. The offences of incitement or inciting others to secede are intended to prevent problems before they occur.
21 Apr 2023獨媒#6340
Department of Justice proposes appeals against High Court national security acquittals; Ronny Tong says principle of erring on the side of acquittal may be appropriately overridden
律政司建議修訂《刑事訴訟程序條例》，就高院《國安法》案件，即使被告經審訊後被裁定罪名不成立，律政司亦可獲權力以「案件呈述（appeal by way of case stated）」方式上訴，有別於以往就陪審團的無罪裁決，只可就法律觀點要求澄清。若准以「案件呈述」的方式上訴，律政司有權要求法庭推翻無罪裁決，甚至發還重審。資深大律師湯家驊稱修例合理，如果法官裁決有法律錯誤，令「罪有應得的人逃離法網」，不符合社會公義，也不利維護國家安全。；個人認為可以「適當干預寧縱莫枉原則」。
The Department of Justice has proposed amending the Criminal Procedure Ordinance to empower it to appeal High Court national security law cases by way of “appeal by way of case stated”, even where a defendant has been found not guilty after trial. This differs from the previous position concerning a jury’s acquittal, under which the Department could only seek clarification of a point of law. If an appeal by way of case stated is permitted, the Department would have the power to ask the court to overturn the acquittal and even order a retrial. Senior Counsel Ronny Tong Ka-wah said the amendment was reasonable. He said that if a judge’s ruling contained an error of law that allowed “people who deserve punishment to escape justice”, this would not accord with social justice and would be detrimental to safeguarding national security. He personally believed that the principle of “better to let the guilty go free than wrongly convict” could be “appropriately overridden”.
21 Apr 2023獨媒#6345
John Lee announces, “Greater Bay Area, visiting delegation, set off!” and says public attaches great importance to trip
特首李家超今日將率領政府及立法會代表團，前往內地大灣區進行4天訪問，將分組到訪深圳、東莞、佛山和廣州。團長李家超和隨行官員與立法會議員，在出發前拍大合照，李家超稱相信市民「好重視同關心今次訪問」，他又鄭重宣布：「大灣區，訪問團，出發！」
Chief Executive John Lee will lead a government and Legislative Council delegation on a four-day visit to the mainland’s Greater Bay Area today. The delegation will split into groups to visit Shenzhen, Dongguan, Foshan and Guangzhou. Before departing, delegation leader John Lee, accompanying officials and Legislative Council members took a group photograph. John Lee said he believed the public “attaches great importance to and cares about this visit”, and solemnly announced: “Greater Bay Area, visiting delegation, set off!”
19 Apr 2023光傳媒#6331
April Rallies and Assemblies Face Tougher Conditions: All 24 Cases Include National Security Clauses, Nearly 30% Require Participants to Wear Identifiers
《光傳媒》翻查警方3月起發出的不反對通知書，發現公眾集會遊行的條款不斷「加辣」，3月近8成遊行集會添加國安條款。而4月截至16日為止，全部有國安條款，當中近3成遊行集會須確保參加者佩戴標記，包括襟章、絲帶或貼紙等。前香港浸會大學政治及國際關係學系助理教授黃偉國預計，未來舉辦爭取權益的遊行阻力重重，影響力和參加人數不復從前。
《光傳媒》reviewed the letters of no objection issued by police since March and found that conditions for public assemblies and marches have been repeatedly tightened. Nearly 80% of marches and assemblies in March included national security clauses. As of 16 April, all 24 cases included such clauses, with nearly 30% requiring participants to ensure they wore identifiers, including badges, ribbons or stickers. Rick Wai Kwok Wong, a former assistant professor in the Department of Government and International Relations at Hong Kong Baptist University, expects future marches seeking to advance rights and interests to face considerable obstacles, with their influence and attendance no longer what they once were.
19 Apr 2023明報#6332
Flag Day Application Forms Add National Security Clause
社會福利署於2024/25年度賣旗日申請表格新增國安條款，列明如機構曾經或正參與可能構成或導致發生危害國安罪行或不利國家安全行為或活動，或機構繼續聘用其承包商、服務提供者或供應商將不利於國安，社署可即時撤銷其賣旗日許可證。工聯會認為做法有制度保證，有助提醒與教育團體須有國安意識；有機構則擔心做法會「造成不必要困擾」，包括擔心不利國安範圍太闊，又指機構很難審查服務提供者和供應商背景及有否不利國安。
The Social Welfare Department added a national security clause to the 2024/25 flag day application form. It states that the department may immediately revoke an organisation’s flag day permit if the organisation has engaged, or is engaging, in conduct or activities that may constitute or lead to offences endangering national security, or in conduct or activities detrimental to national security; or if its continued employment of contractors, service providers or suppliers would be detrimental to national security. The Hong Kong Federation of Trade Unions said the measure provides institutional safeguards and helps remind and educate organisations that they must have national security awareness. Some organisations, however, were concerned that it would “cause unnecessary inconvenience”, including worries that the scope of conduct detrimental to national security was too broad, and said it was difficult for organisations to vet the backgrounds of service providers and suppliers and determine whether they had engaged in conduct detrimental to national security.
19 Apr 2023光傳媒#6333
Social Welfare Department Adds ‘National Security Clause’ to Flag Day Application Form; Director Can Immediately Revoke Permit
社會福利署在2024／25年度賣旗日申請表格新增國安條款，列明若機構曾經或正在參與可能會構成或導致發生危害國家安全的行為或活動，或機構繼續聘用的承包商、服務提供者或供應商將不利於國家安全，社署可即時撤銷已批准的賣旗日許可證。表格亦列出，若政府合理地相信上述任何一項情況將會發生，社署亦可即時撤銷該機構的賣旗日許可證。
The Social Welfare Department has added a national security clause to the 2024/25 flag day application form. It states that the department may immediately revoke an approved flag day permit if an organisation has participated, or is participating, in conduct or activities that may constitute or lead to acts endangering national security, or if contractors, service providers or suppliers that the organisation continues to engage would be adverse to national security. The form also states that the department may immediately revoke the organisation’s flag day permit if the Government reasonably believes that any of the above circumstances will occur.
18 Apr 2023獨媒#6324
Cheng Kwok-hon: Some Student Union Members Assume They Co-govern with University; Tang Fei Agrees: Only Professors Govern
嶺大校董會提出修例，由本科生互選出任學生代表，再經校董會委任產生，並增設研究生學生代表，成為校董會當然成員及諮議會成員。立法會委員會討論條例，嶺大校長鄭國漢指，曾有學生會成員自以為與校方「共治」大學，自己從不使用該字眼。選委界鄧飛認同，稱大學只有教授管治，認為必須警惕：「宋朝都可以話士大夫與天子共治，好明顯唔係啦！士大夫自己想像出嚟，當成為潮流就會變成主流，要好小心。」
Lingnan University’s Council proposed amendments under which an undergraduate student representative would be elected by undergraduates and then appointed by the Council, while a postgraduate student representative would also be added as an ex officio member of the Council and a member of the Court. During the Legislative Council committee’s discussion of the bill, Lingnan president Cheng Kwok-hon said some Student Union members had assumed they co-governed the university with the administration, adding that he himself had never used that term. Election Committee sector lawmaker Tang Fei agreed, saying that only professors govern universities. He said: “Even in the Song dynasty, people could say that scholar-officials co-governed with the emperor, but clearly that was not the case! Scholar-officials imagined it themselves; when it becomes a trend, it will become mainstream, so we must be very careful.”
18 Apr 2023獨媒#6325
Government Updates National Anthem Webpage, Allowing Direct Download Without Link to Central Government Website
去年11月，亞洲七人欖球賽韓國站決賽上，賽會錯誤把《願榮光歸香港》當作國歌播放，港協暨奧委會及後發出指引，惟指引中的下載國歌連結，連結至中央政府網站簡體頁面。港府政府總部禮賓處的國旗、國徽及國歌頁面，亦是導向中央政府網站。在周一（4月17日），港府的網頁終作更新，能直接下載國歌。
At the final of the Asian Rugby Sevens Series in South Korea last November, the event organisers mistakenly played “Glory to Hong Kong” as the national anthem. The Sports Federation & Olympic Committee of Hong Kong, China subsequently issued guidelines, but the link for downloading the national anthem in the guidelines led to a simplified-Chinese page on the central government website. The national flag, national emblem and national anthem webpage of the Protocol Division at the Hong Kong Government Headquarters likewise directed users to the central government website. On Monday (April 17), the Hong Kong Government finally updated its webpage to allow the national anthem to be downloaded directly.
18 Apr 2023獨媒#6329
CUHK council members advocate 40% cut; external members to form majority
自2019年後，建制派一直對中大管治表示不滿，包括校長段崇智獲續任。三名立法會議員逕自提出修訂《香港中文大學條例》，將校董數目由54人減至34人，並將校內及校外校董數目由1:1改為1:2。中大校董會成立專責小組跟進改組事宜，周一（4月17日）提交的報告中，建議人數大減至25至34人，校內校外委員比例則為1:1.64至1:2.13之間，換言之將由校外委員佔多數。小組亦建議將校長任命改為須三分之二或75%通過。
Since 2019, the pro-establishment camp has consistently expressed dissatisfaction with the governance of The Chinese University of Hong Kong, including the reappointment of President Rocky Tuan. Three Legislative Council members unilaterally proposed amendments to the Chinese University of Hong Kong Ordinance, reducing the number of council members from 54 to 34 and changing the ratio of internal to external members from 1:1 to 1:2. The CUHK Council established a task force to follow up on the restructuring. In a report submitted on Monday (April 17), the task force recommended reducing the number of members to between 25 and 34, with the ratio of internal to external members ranging from 1:1.64 to 1:2.13—in other words, external members would form a majority. The task force also recommended changing the appointment of the president to require approval by two-thirds or 75%.
17 Apr 2023光傳媒#6318
LegCo House Committee’s “speed meetings” average 10 minutes; three of five meetings had no questions
今屆立法會落實「愛國者治港」，《光傳媒》統計發現，今年首5次內會平均開會10分鐘完事，其中3次全程只有主席李慧琼發言，或是法律顧問讀出法律公告。其餘在席議員均是零提問、零發言。5次內會有1次發言的社福界議員狄志遠指，議員活躍對整體是好，但無必要為發言而發言，「現在立法會都有不同派別，例如工商界、勞工界、社福界，理論上都有不同角度」。
With the current-term Legislative Council implementing “patriots governing Hong Kong”, Light Media’s tally found that the first five House Committee meetings this year lasted an average of 10 minutes. At three of them, the only person to speak throughout was chairwoman Starry Lee, or the legal adviser read out legal notices. All other members present asked no questions and made no remarks. Tik Chi-yuen, the social welfare-sector lawmaker who spoke at one of the five meetings, said that members’ activism was good for the legislature as a whole, but there was no need to speak for the sake of speaking: “There are different sectors in the Legislative Council, such as the business, labour and social welfare sectors, which in theory have different perspectives.”
Translations are supplied by the source workbook. Consult the original reporting for context.
