29 Oct 2024法庭線#4186
47 Pro-Democracy Figures Case | 45 Convicted to Be Sentenced; Judiciary Website Says Hearing Set for 10am on 19 November
47 名民主派被控「串謀顛覆國家政權」罪一案，共 14 人經審訊後罪成、31 人認罪，今年 6 月 至 9 月已分六批完成處理求情，共歷時 12 日。
司法機構網頁周二（29 日）顯示，案件已定於 11 月 19 日早上 10 時在西九龍裁判法院開庭，由法官作判刑，暫定需時一天。本案被告於 2021 年 3 月被起訴，至今逾 3 年 7 個月。
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, 14 people were found guilty after trial and 31 pleaded guilty. Mitigation submissions for all 45 defendants were dealt with in six batches from June to September this year, over a total of 12 days.
The Judiciary website showed on Tuesday (29th) that the case had been scheduled to come before the West Kowloon Magistrates’ Courts at 10am on 19 November for sentencing by the judge, with the hearing provisionally expected to take one day. The defendants were charged in March 2021, more than three years and seven months ago.
28 Oct 2024法庭線#4182
Livestreamed testimony by overseas witnesses rejected in Hong Kong Alliance subversion case; Chow Hang-tung reveals plans to call Wuer Kaixi and others
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」一案，鄒申請海外證人以視像直播方式作供，周一（28 日）於高等法院處理。3 名法官聽畢陳詞後，拒絕鄒的申請，將擇日頒下判決理由。
23 條立法修訂了現行法例，規定在國安案件中，法庭不可批准讓證人在海外透過視像直播作供。鄒幸彤陳詞時稱，新規定令國安案與非國安案件存在差別待遇，「構成國安案與訟人同非國安案與訟人，係法庭面前嘅唔平等」。
鄒透露欲傳召 5 人作供，包括美國政治及社會學教授 Larry Diamond、關注中國人權的丹麥雕塑家高志活、中國民運人士吾爾開希、周鋒鎖及方政。控方指，應要考慮在與訟方之間有否構成差別對待。法官陳仲衡問，控方是否都不能傳召內地憲法專家視像作供？控方同意。
The case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chairpersons and vice-chairpersons Lee Cheuk-yan, Albert Ho and Chow Hang-tung are charged with “incitement to subvert state power” was heard at the High Court on Monday (28th) in relation to Chow’s application for overseas witnesses to give evidence by video link. After hearing submissions, the three judges rejected Chow’s application and will give their reasons on a date to be fixed.
Article 23 legislation amended the existing laws to provide that, in national security cases, a court may not approve witnesses giving evidence by video link from overseas. In her submissions, Chow said the new requirement created differential treatment between national security and non-national security cases, “constituting inequality before the court between litigants in national security cases and litigants in non-national security cases”.
Chow disclosed that she intended to call five people as witnesses, including American political and sociology professor Larry Diamond, Danish sculptor Jens Galschiøt, who focuses on human rights in China, and Chinese democracy activists Wuer Kaixi, Zhou Fengsuo and Fang Zheng. The prosecution said consideration should be given to whether differential treatment between the parties to the proceedings had been created. Justice Chan Chung-ming asked whether the prosecution would likewise be unable to call mainland constitutional experts to give evidence by video link. The prosecution agreed.
28 Sept 2024集誌社#4092
Stand News case sentencing | HKJA says two convicted for journalistic work; Chris Tang: Do not mislead the public; John Lee says ruling clearly protects press freedom
保安局局長鄧炳強，今（28日）回應《立場新聞》被指煽動案的判決，引述法庭判詞指，《立場新聞》並非真正的傳播媒體，用假消息煽動市民對政府憎恨。香港記者協會早前回應判刑指，兩名新聞工作者鍾沛權及林紹桐及《立場新聞》，因新聞工作而被定罪、判刑，已對香港新聞業界造成不可逆轉的傷害。鄧炳強指，「法庭判詞講得好清楚，呢啲人呢，並非真正從事新聞工作。我希望呢啲人士、組織，唔好再用呢啲技倆，誤導香港市民」。行政長官李家超表示，法庭裁決讓大家更清晰新聞自由的保障。
Secretary for Security Chris Tang Ping-keung today (28th) responded to the verdict in the case in which Stand News was accused of sedition, citing the court judgment as saying that Stand News was not a genuine news media outlet and had used fake news to incite hatred of the government among the public. The Hong Kong Journalists Association earlier responded to the sentencing by saying that the conviction and sentencing of the two journalists, Chung Pui-kuen and Lam Shiu-tong, and Stand News for their journalistic work had caused irreversible harm to Hong Kong’s news industry. Tang said: “The court judgment made it very clear that these people were not genuinely engaged in news work. I hope these people and organisations will stop using such tactics to mislead Hong Kong citizens.” Chief Executive John Lee Ka-chiu said the court’s ruling gave everyone a clearer understanding of the protection of press freedom.
27 Sept 2024法庭線#4082
Stand News case | Chung Pui-kuen sentenced to 21 months; Lam Siu-tung released immediately after remand days deducted; judge says neither was genuinely engaged in media work
《立場新聞》被控「串謀發布煽動刊物」案，法官郭偉健周四（26 日）判前總編輯鍾沛權監禁 21 個月，考慮署任總編輯林紹桐患罕有病、易受感染，再收監或有生命危險，判處可即時釋放刑期，林當庭釋放。辯方盼法庭考慮被告履行新聞工作者職責、誤墮法網，予以減刑，郭在判詞逐一反駁。
郭偉健另提到，鍾沛權營運《立場》是為支持和促進香港本土自主，又指法例早已提供指引，傳媒可發布或不可發布甚麼，質疑「只有那些意圖打『擦邊球』的人才會擔心誤墮法網」。
郭偉健又指，被告在案發期間，不是進行真正的傳媒工作，「而是參與當時所謂的抗爭」﹐站在抗爭者的一邊與政府抗衡，又指被裁定屬煽動的 11 篇文章中，發布時間大部分是「處於香港社會過半民眾最不信任中央和特區政府、警隊和司法機關的時間」，強調本案所做成的傷害「相當嚴重」。
In the case in which Stand News was charged with “conspiracy to publish seditious publications”, Judge Kwok Wai-kin on Thursday (26th) sentenced former editor-in-chief Chung Pui-kuen to 21 months’ imprisonment. Taking into account acting editor-in-chief Lam Siu-tung’s rare illness and vulnerability to infection, the judge imposed a sentence allowing his immediate release, and Lam was released in court. The defence asked the court to consider that the defendants had been fulfilling the duties of journalists and had inadvertently fallen foul of the law, and to reduce their sentences. Kwok rebutted these arguments one by one in his sentencing remarks.
Kwok also said that Chung operated Stand News to support and promote Hong Kong’s local autonomy. He said the law had long provided guidance on what the media could and could not publish, and questioned whether “only those who intend to play on the edge of legality would worry about inadvertently falling foul of the law”.
Kwok further said that during the period covered by the case, the defendants were not engaged in genuine media work, “but were participating in the so-called resistance at the time”, standing on the side of protesters in opposition to the government. He also said that, among the 11 articles found to be seditious, most were published at a time when more than half of Hong Kong society had the least trust in the central and HKSAR governments, the police force and the judiciary, stressing that “the harm caused in this case” was considerable.
27 Sept 2024法庭線#4083
Stand News case | Judge questions report on Dragon Slaying Brigade squad operation during “Hong Kong’s most violent time”, but does not consider it as it was not the prosecution’s basis
《立場新聞》被控「串謀發布煽動刊物」案，前總編輯鍾沛權、署任總編輯林紹桐，以及《立場》所屬公司罪成。鍾沛權周四（26 日）在區域法院被判監 21 個月，林紹桐則被判處可即時釋放刑期，當庭釋放。
辯方庭上補充林紹桐的健康情況，指他患有罕見、複雜疾病，擔心若他被判監禁，面對延誤治療等情況，會致生命危險，獲法庭接納予以減刑。至於辯方補充求情指，鍾沛權發現不恰當文章時已即時下架，法官郭偉健反駁，《立場》在「中大理大暴動期間」、「可以話係香港最暴力嘅時間」，報道「屠龍小隊」行動，質疑「有咩意思呀」，惟法官強調此文章非控方檢控基礎，他不作考慮，「我只係想講，有啲對辯方不利嘅文章，我已經擺低晒。」
In the case in which Stand News was charged with conspiracy to publish seditious publications, former editor-in-chief Chung Pui-kuen, acting editor-in-chief Lam Siu-tong and the company that owned Stand News were convicted. Chung was sentenced to 21 months’ imprisonment at the District Court on Thursday (26th), while Lam was given a sentence that allowed for immediate release and was released in court.
The defence gave additional information about Lam’s health, saying that he suffered from a rare and complex illness and that imprisonment, including possible delays in treatment, could put his life at risk. The court accepted this and reduced his sentence. In supplementary mitigation submissions, the defence said Chung had immediately taken down inappropriate articles after discovering them. Judge Kwok Wai-kin responded that, during the “CUHK and PolyU riots”, which “could be said to be Hong Kong’s most violent time”, Stand News had reported on the actions of the “Dragon Slaying Brigade squad”, questioning “what was the point”. The judge stressed, however, that the article was not the basis of the prosecution’s case and that he would not take it into consideration, saying: “I’m just saying that I have already put aside all the articles that are unfavourable to the defence.”
27 Sept 2024明報#4088
Stand News case | US criticises sentence as harming press freedom; John Lee: News platforms must not be used to incite
已停運立場新聞的母公司、前總編輯鍾沛權、時任署任總編輯林紹桐串謀發布煽動刊物罪成，鍾昨判囚21個月，患腎病的林獲釋。有美國參議員及美國駐港領事回應指，認為判刑損害香港新聞自由；特首李家超今午（27日）於香港新聞界慶祝國慶酒會上致辭時表示，新聞公信力及道德，不能敗壞於公器私用、利用新聞平台破壞法治或違法煽動者，強調沒有人或行業可以凌駕法律。
The parent company of the now-shuttered Stand News, its former editor-in-chief Chung Pui-kuen and then acting editor-in-chief Lam Siu-tong were convicted of conspiracy to publish seditious publications. Chung was sentenced to 21 months’ imprisonment yesterday, while Lam, who has kidney disease, was released. A US senator and the US consul in Hong Kong said they believed the sentence harmed press freedom in Hong Kong. Speaking this afternoon (27th) at a National Day reception for Hong Kong’s media, Chief Executive John Lee said news credibility and ethics must not be corrupted by the misuse of public platforms for private ends, or by using news platforms to undermine the rule of law or unlawfully incite others. He stressed that no person or industry could be above the law.
27 Sept 2024法庭線#4090
Lai Chee-ying case | Reports say Lai was not treated for diabetes in prison; legal team issues clarification
早前有報道指，作為天主教徒的壹傳媒創辦人黎智英，被懲教署拒絕向神父領聖餐的要求，患糖尿病亦未獲適切治療，而且欠缺足夠日照，影響其身體健康。而黎的「海外律師團隊」向聯合國的酷刑特別報告員提出緊急申訴。
在國安案中代表黎的羅拔臣律師事務所，周五（27 日）發聲明澄清，黎在獄中獲適切治療，又指黎知悉他可透過懲教署特別安排領聖餐，但須神父為黎一人主持彌撒。由於安排上較為不便，神父暫未提出要求。
Earlier reports said that Jimmy Lai, the Catholic founder of Next Digital, had been refused by the Correctional Services Department a request to receive Holy Communion from a priest, had not received appropriate treatment for diabetes, and lacked sufficient exposure to sunlight, affecting his physical health. Lai’s “overseas legal team” also filed an urgent appeal with the UN Special Rapporteur on Torture.
Robertsons Solicitors, which represents Lai in the national security case, issued a statement on Friday (the 27th) clarifying that Lai had received appropriate treatment in prison. It also said Lai knew he could receive Holy Communion through special arrangements with the Correctional Services Department, but a priest would have to celebrate Mass for Lai alone. As the arrangement was relatively inconvenient, the priest had not yet made such a request.
26 Sept 2024法庭線#4078
Hong Kong Speech Therapists’ General Union ordered to forfeit assets; liquidator says national security violations went beyond picture books
香港言語治療師總工會 5 名前理事，2022 年被裁定「舊煽動罪」罪成；該工會則在 5 人被捕後 3 個月，即 2021 年 10 月，被政府刊憲撤銷工會登記。政府再於 2024 年 5 月，刊憲委任職工會登記局副局長張韻筠，為工會清盤人。
高院周四（26 日）處理政府對工會的充公令申請，獲《國安法》指定法官陳慶偉批准，涉款料約 16 萬元。清盤人一方於庭上指出，工會被裁定違反國安相關罪行，又指其危及國安的行為，不止「羊村」繪本，舉例時任主席受訪的內容，稱她有對政府施壓、組織港獨之事。
Five former directors of the Hong Kong Speech Therapists’ General Union were convicted in 2022 of the former sedition offence. The union’s registration was revoked by the government through a gazette notice in October 2021, three months after the five were arrested. In May 2024, the government gazetted the appointment of Cheung Wan-kwan, deputy registrar of the Registrar of Trade Unions, as the union’s liquidator.
The High Court on Thursday (26th) dealt with the government’s application for a forfeiture order against the union. The application was approved by the National Security Law designated judge Andrew Hing Wai Chan, involving an amount expected to be about HK$160,000. The liquidator’s side told the court that the union had been convicted of offences related to national security, and said its conduct endangering national security was not limited to the “Sheep Village” picture books. As an example, it cited the contents of an interview with the then chairwoman, saying that she had pressured the government and organised Hong Kong independence.
26 Sept 2024法庭線#4079
Stand News case | Chung Pui-kuen’s sentencing starting point set at 23 months, heaviest among old sedition-publishing conspiracy cases; judge says 1.6 million followers and harm “considerable”
《立場新聞》被控「串謀發布煽動刊物」案，法官郭偉健周四（26 日）判前總編輯鍾沛權監禁 21 個月，署任總編輯林紹桐則因為患上罕有病，今年 7 月病發，嚴重影響腎功能，官考慮醫生報告後，判處扣除還押日子後、可即時釋放的刑期，林當庭獲釋。
法官量刑時指，不接納兩人案發時進行真正的新聞工作，指他們參與抗爭，歷時 1 年 5 個月。考慮《立場》有約 160 萬跟隨者，煽動文章所造成的傷害「相當嚴重」，甚至難以量化，最終以監禁 23 個月為鍾沛權的量刑起點，為舊煽動罪下「串謀發布煽動刊物」案件之中最高。考慮審訊時間長，對鍾構成壓力，減刑兩個月。
據《法庭線》統計，1997 年後有 5 宗舊煽動罪下的「串謀發布煽動刊物」案件，除兩宗正受審或存檔法庭，餘下的港獨傳單案、羊村繪本案以及《立場》案，均由法官郭偉健處理。記者整理 3 宗案件的判刑理由書，比較法庭如何裁斷各案件的串謀時間、規模、煽動內容、案件嚴重性等，以及上述因素如何影響法庭考慮量刑起點。
In the case in which Stand News was charged with conspiracy to publish seditious publications, Judge Kwok Wai-kin on Thursday (the 26th) sentenced former editor-in-chief Chung Pui-kuen to 21 months’ imprisonment. Acting editor-in-chief Lam Siu-tong, who has a rare illness that flared up in July this year and seriously affected his kidney function, was sentenced to a term that, after deduction of time spent on remand, allowed for his immediate release after the judge considered medical reports. Lam was released in court.
In sentencing, the judge said he did not accept that the two men were engaged in genuine news work at the time of the offences, finding that they had participated in the protest movement for one year and five months. Taking into account Stand News’ approximately 1.6 million followers and that the harm caused by the seditious articles was “considerable” and even difficult to quantify, the court set 23 months’ imprisonment as Chung’s sentencing starting point. This was the highest among cases involving conspiracy to publish seditious publications under the old sedition offence. The court reduced the sentence by two months in view of the lengthy trial and the pressure it had placed on Chung.
According to statistics compiled by The Witness, there have been five cases involving conspiracy to publish seditious publications under the old sedition offence since 1997. Excluding two cases that are still being tried or remain before the court, the Hong Kong-independence leaflets case, the Sheep Village picture-book case and the Stand News case were all handled by Judge Kwok Wai-kin. Reporters reviewed the written sentencing reasons in the three cases, comparing how the court assessed factors including the duration and scale of the conspiracies, the seditious content and the seriousness of the cases, as well as how those factors affected the court’s consideration of the sentencing starting points.
26 Sept 2024法庭線#4081
Stand News Case | Hong Kong Government Says Verdict Demonstrates Justice; Media Groups Say It Highlights Risks and Sets a Dangerous Precedent
《立場新聞》被控「串謀發布煽動刊物」罪一案，區院法官郭偉健裁定前總編輯鍾沛權、署任總編輯林紹桐，以及《立場》所屬公司罪成，周四（26 日）判鍾沛權監禁 21 個月，林紹桐 11 個月；惟因應林的病情，改判處扣減還押日數後可即時釋放的刑期。
港府晚上發稿回應判刑，形容裁決「彰顯公義」，批評有反華組織、政客及外媒「惡意抹黑」，強調新聞工作者可以自由作出基於事實的評論或批評，無須擔心會誤墮法網。香港記者協會發聲明指，判決反映了新聞工作者的風險「擺在眼前」；無國界記者認為判決「定下危險的案例」，敦促盡快釋放鍾沛權。
In the case against Stand News over conspiracy to publish seditious publications, District Court Judge Kwok Wai-kin found former editor-in-chief Chung Pui-kuen, acting editor-in-chief Lam Siu-tung and the company behind Stand News guilty. On Thursday (26th), Chung was sentenced to 21 months in prison and Lam to 11 months; in view of Lam’s medical condition, however, he was given a sentence that, after deduction of time spent on remand, allowed for his immediate release.
The Hong Kong Government issued a statement in the evening in response to the sentences, describing the verdict as “demonstrating justice” and accusing anti-China organisations, politicians and foreign media of “malicious smearing”. It stressed that journalists may freely make fact-based comments or criticisms and need not fear inadvertently breaking the law. The Hong Kong Journalists Association said in a statement that the judgment showed that the risks faced by journalists were “plain to see”. Reporters Without Borders said the judgment “sets a dangerous precedent” and urged the authorities to release Chung Pui-kuen as soon as possible.
Translations are supplied by the source workbook. Consult the original reporting for context.
