21 Sept 2024法庭線#4067
HKU Council case: sentence appeal succeeds; Kinson Cheung King-sang says he was denied good-conduct remission and seeks immediate release by habeas corpus
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪。4 人承認交替控罪「煽惑他人有意圖而傷人」，各被判囚 2 年，本月 13 日皆上訴刑期得直，改囚 15 個月。
張敬生本周五（20 日）經法律代表向高等法院申請人身保護令，指他在囚行為良好等，應獲三分之一扣減而即時釋放，但被懲教繼續羈押。高院周六開庭處理張的單方面申請聆訊，法官張慧玲指，未能確認張行為良好等說法屬實，暫未能頒令即時出獄，押後至周一，在另一法官高浩文席前審理。
張官又指，屆時會要求懲教署壁屋監獄監督柯孫煒出庭，解釋假若張行為良好，為何他在刑期上訴得直後，懲教繼續對張敬生的羈押是合法。
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a Council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police stabbing case. They were charged under the National Security Law with “promoting terrorism”. The four pleaded guilty to the alternative charge of “inciting others to cause bodily harm with intent” and were each sentenced to two years in prison. On the 13th of this month, all succeeded in their sentence appeals, with their terms reduced to 15 months.
On Friday (20th), Kinson Cheung King-sang applied to the High Court through his legal representatives for a habeas corpus order, arguing that he had behaved well in prison and should receive a one-third remission and be released immediately, but that the Correctional Services Department continued to detain him. The High Court heard the ex parte application on Saturday. Judge Cheung Wai-ling said she could not confirm that the claims about Kinson Cheung King-sang’s good conduct and other matters were true, and therefore could not yet order his immediate release. The hearing was adjourned to Monday before another judge, Ko Ho-man.
Judge Cheung also said that the superintendent of the Correctional Services Department’s Pik Uk Prison, Ko Sun-wai, would be required to appear in court at that time to explain why, if Kinson Cheung King-sang had behaved well, the continued detention of Kinson Cheung King-sang by the Correctional Services Department remained lawful after his successful sentence appeal.
13 Sept 2024法庭線#4043
Four HKU students jailed two years over motion thanking Leung Kin-fai; appeal succeeds, terms cut to 15 months
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪，承認交替控罪「煽惑他人有意圖而傷人」，被判監禁兩年。
4 人不服判刑提上訴，周五（13 日）在高等法院聆訊。上訴庭聽畢雙方陳詞，認為原審量刑起點 35 個月監禁明顯過重，適合量刑起點應為 2 年，扣除原審的 20% 認罪扣減、求情因素，總刑期應為 15 個月監禁。有被告家屬聞判哭泣，亦有人高呼「生日快樂」。
4 人於 2023 年 9 月起服刑，至今約一年。根據《監獄規則》，囚犯可因行為良好獲減刑三分一。惟《維護國家安全條例草案》訂明，因危害國安罪行服刑的囚犯，須獲懲教署署長信納「不會不利國家安全」，方可獲行為表現良好的減刑。
The then-chairman of the University of Hong Kong Students’ Union Council Kinson Cheung King-sang, Students’ Union president Charles Kwok Wing-ho, and two council members Chris Todorovski and Anthony Yung Chung-hei were accused of moving and supporting a motion at a council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism” and pleaded guilty to the alternative charge of “inciting others to intentionally cause bodily harm”. They were each sentenced to two years’ imprisonment.
The four appealed against their sentences and the case was heard at the High Court on Friday (the 13th). After hearing submissions from both sides, the Court of Appeal found the trial court’s 35-month starting point for sentencing manifestly excessive. It held that the appropriate starting point was two years; after the 20% guilty-plea discount applied at trial and mitigating factors, the total sentence should be 15 months’ imprisonment. Some defendants’ family members wept after the ruling, while someone also shouted, “Happy birthday.”
The four began serving their sentences in September 2023 and have served about one year to date. Under the Prison Rules, prisoners may receive a remission of one-third of their sentence for good conduct. However, the Safeguarding National Security Ordinance Bill stipulates that prisoners serving sentences for offences endangering national security may receive remission for good conduct only if the Commissioner of Correctional Services is satisfied that this “will not be contrary to national security”.
3 Sept 2024法庭線#4011
47-case: Hendrick Lui Chi-hang says in mitigation letter that young people’s despair in 2019 far exceeded his childhood suffering; hopes to repay his parents’ kindness in future
47 名民主派被控「串謀顛覆國家政權」罪，周二（3 日）早上完成處理參選新東的呂智恆、林景楠求情陳詞。呂的代表大狀陳世傑，引呂親撰的求情信指他生於破碎家庭，童年悲慘。
《法庭線》取得信件，呂詳述因父母離異而居無定所，指小學至少 3 年「邁向黑暗」，曾被逼做童工、體罰，忍受食物不足，其後入住兒童之家及獲得領養。呂續稱 2019 年的狀況令他深感「這代青年的絕望感遠遠超過，我童年時受到的痛苦」，成為社工立志「以生命，影響生命」。
呂指，參加初選為了由人民授權，行使否決權，「以非常無奈和間接的方式罷免特首」，指當時無知地相信行使否決權是合法。他又指因本案保釋幾年來常失眠、壓力巨大，對增加家人的負擔，感痛苦和歉疚，最後指「深知罪名嚴重，不敢低估刑期，但會心存盼望，期望未來報答親恩和服務弱勢社群。」
The 47 pro-democracy figures charged with conspiracy to subvert state power completed mitigation submissions on Tuesday morning (the 3rd) for Hendrick Lui Chi-hang and Mike Lam King-nam, who stood in the New Territories East primary election. Philip Sai Kit Chan, the barrister representing Lui, cited a mitigation letter written by Lui, saying he was born into a broken family and had an unhappy childhood.
The Courtroom News obtained the letter, in which Lui gave a detailed account of being left without a settled home after his parents divorced. He said at least three years of primary school were a “march towards darkness”; he had been forced to work as a child labourer, subjected to corporal punishment and endured insufficient food. He later moved into a children’s home and was adopted. Lui said the circumstances in 2019 made him deeply feel that “the sense of despair among this generation’s young people far exceeds the suffering I experienced in my childhood”. He became a social worker and resolved to “use life to influence life”.
Lui said he joined the primary election to exercise, with authorisation from the people, a veto power that would “remove the Chief Executive through a very helpless and indirect means”, adding that he had naively believed at the time that exercising the veto power was lawful. He also said that, because of the case, he had frequently suffered from insomnia and immense pressure during his years on bail, and felt distressed and guilty about increasing the burden on his family. He concluded: “I fully understand the seriousness of the offence and dare not underestimate the sentence, but I will remain hopeful and look forward to repaying my parents’ kindness and serving disadvantaged communities in the future.”
3 Sept 2024法庭線#4014
47-person case: Mike Lam King-nam says in mitigation letter that deep reflection found he had been influenced by overseas forces or online media and had indirectly become an anti-China, Hong Kong-disrupting figure
47 名民主派被控「串謀顛覆國家政權」罪，周二（3 日）早上完成處理參選新東的呂智恆、林景楠求情陳詞。林的代表大狀范凱傑，在庭上讀出林親撰求情信的部分內容。
林在信中表示，在候審期間，「通過接觸其他朋友不同觀點的資訊和評論，透過反覆論證」，明白到當初參加初選，「是非常幼稚及愚蠢的行為」，只是會令到社會更加撕裂，甚至會造成危害國安的後果。
林續指，認識到參與初選而最終或會令到特首下台，「其實是中了其他別有用心的國家、團體和人的計謀」，而透過深切反省，意識到要為自 2019 年起社會撕裂「負上不少責任」，因為他是黃色經濟圈的領頭者，對此深深悔疚和反省。
林又引述國家主席習近平，2022 年在七一公開發言時提及「香港不能亂，也亂不起」。他深切反思過去所做一切，「發現很多香港人包括我自己，一直受到很多海外勢力或網絡傳媒的渲染，間接成為反中亂港的一分子」。其後主動聯絡警方希望認罪，亦感謝控方讓他成為證人，「讓我可以把我的所知所聞一一供出」。
The 47 pro-democracy figures were charged with conspiracy to subvert state power. On Tuesday morning (the 3rd), the court completed hearing the mitigation submissions for Hendrick Lui Chi-hang and Mike Lam King-nam, who stood in the New Territories East constituency. Alex Hoi Kit Fan, counsel for Lam, read out part of a mitigation letter written by Lam.
In the letter, Lam said that while awaiting trial, “through exposure to information and commentaries expressing different views from other friends, and through repeated argument and analysis”, he came to understand that taking part in the primary election had been “a very childish and foolish act”, which would only deepen divisions in society and could even lead to consequences endangering national security.
Lam continued that he realised taking part in the primary election, which might ultimately result in the Chief Executive stepping down, “was in fact falling into the schemes of other countries, groups and people with ulterior motives”. Through deep reflection, he became aware that he bore “considerable responsibility” for the divisions in society since 2019, as he was a leading figure in the yellow economic circle, for which he felt deep regret and engaged in deep reflection.
Lam also quoted President Xi Jinping as saying in public remarks on July 1, 2022, that “Hong Kong cannot be chaotic, nor can it afford to be chaotic”. He said that after deeply reflecting on everything he had done in the past, he “found that many Hong Kong people, myself included, had constantly been influenced by the embellishment and propaganda of many overseas forces or online media, and had indirectly become members of the anti-China and Hong Kong-disrupting camp”. He subsequently took the initiative to contact the police to plead guilty, and also thanked the prosecution for allowing him to become a witness, “so that I could disclose everything I knew and had heard”.
3 Sept 2024法庭線#4015
Mitigation in 47-person case | All defendants complete submissions; judge refuses to request a community service order report for Mike Lam King-nam; Hendrick Lui Chi-hang remanded
47 名民主派被控「串謀顛覆國家政權」罪一案，最後一批、參選新東的 9 人周二（ 3 日）完成陳詞後，全部 45 名罪成被告已完成處理求情，歷時 12 天。法官陳慶偉指，有判刑決定時將另行通知宣判日期。
最後陳詞兩人為呂智恆及林景楠。呂一方稱角色僅是支援、不重要，認為屬「其他參與」，另指呂親撰求情信，提及指從小志向是社工，定罪後失去資格，而他來自破碎家庭；呂獲保釋期間，珍惜時間和自由，花更多時間幫助有需要的人。呂同日撤銷保釋，還押候判刑。
林一方引其求情信，稱反思發現自己受海外勢力或網媒渲染，間接成反中亂港分子，真誠認罪及道歉；又指林屬最輕的「其他參與」者，任控方證人應獲 50% 刑期扣減，望可索取社會服務令報告。3 法官質疑，指辯方不現實，最終並指林只能有 20% 扣減。林續准保釋。
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, the final batch of nine defendants, who ran in New Territories East, completed their submissions on Tuesday (the 3rd). All 45 convicted defendants have now completed mitigation submissions, which lasted 12 days. Judge Andrew Hing Wai Chan said the sentencing decision and the date for announcing the sentences would be notified separately.
The final two defendants to make submissions were Hendrick Lui Chi-hang and Mike Lam King-nam. The defence for Lui said his role was merely supportive and insignificant, and that he should be regarded as an “other participant”. It also said Lui had personally written his mitigation letter, in which he mentioned that he had aspired to become a social worker since childhood but had lost that qualification after being convicted, and that he came from a broken family. During his bail period, Lui treasured his time and freedom and spent more time helping people in need. His bail was revoked the same day and he was remanded pending sentencing.
The defence for Lam cited his mitigation letter, saying that upon reflection he had found himself influenced by overseas forces or online media and had indirectly become an anti-China and destabilising figure. He had pleaded guilty and apologised sincerely. The defence also said Lam was among the least serious “other participants” and should receive a 50% sentence reduction for serving as a prosecution witness, and hoped that a community service order report could be requested. The three judges questioned this, saying the defence was unrealistic, and ultimately ruled that Lam could receive only a 20% reduction. Lam was allowed to remain on bail.
2 Sept 2024法庭線#4004
47-Person Case: Owen Chow Says in Mitigation Letter He Could Not Imagine Standing for Election Would Constitute Endangering National Security; Still Believes in Democracy and Justice
47人案新東 9 人求情，當中 5 人上午完成陳詞。鄒家成由代表大狀陳世傑陳詞，他讀出鄒家成親撰求情信的最後部分，而《法庭線》亦取得庭上未有讀出的其餘部分。
鄒家成在信中提及 15 歲時父親病逝，他在照顧時漸漸培養出對弱者的關懷和同理心，亦對父親家暴的恨意全消。同一年，他也跟隨中學師兄第一次參加七一遊行，「覺醒到我家庭所面對的困境絕非我們一家七口獨有，而是數以十萬計家庭所共同面對的問題。現像背後，更是有著社會的結構性不公。」成為他積極參與公民事務的起點。
鄒指，「由始至終，我根本無意違反《國安法》，亦想像不了參選本身原來已構成危害國安。」在《國安法》生效之後，他「無法離群眾而去。於是，在刪去所有有機會被視為違反《國安法》的宣傳內容後 ，我決定重新上路，與民同行，走完最後一段初選之路。」
Five of the nine defendants from the New Territories East in the 47-person case completed their mitigation submissions in the morning. Owen Chow was represented by senior counsel Philip Sai Kit Chan, who read the final part of a mitigation letter written by Chow. The Courtroom News Project also obtained the remaining parts that were not read in court.
In the letter, Chow said that his father died of illness when he was 15. While caring for him, Chow gradually developed concern and empathy for vulnerable people, and completely let go of his hatred related to his father’s domestic violence. That same year, he followed senior schoolmates in taking part in a July 1 march for the first time. He wrote that he “awoke to the fact that the difficulties faced by my family were by no means unique to our family of seven, but were problems shared by hundreds of thousands of families. Behind these phenomena, there was also structural injustice in society.” This marked the beginning of his active participation in civic affairs.
Chow said, “From beginning to end, I had no intention of violating the National Security Law, nor could I imagine that standing for election itself would constitute endangering national security.” After the National Security Law took effect, he said he “could not leave the people behind. Therefore, after deleting all campaign content that might be regarded as violating the National Security Law, I decided to set out again, walk alongside the people and complete the final stretch of the primary election.”
2 Sept 2024法庭線#4005
47-person case mitigation | New Territories East: 7 complete submissions; Gwyneth Ho makes none; Owen Chow says he could not imagine standing for election constituting a national security threat
47 名民主派被控「串謀顛覆國家政權」罪一案，最後一批、參選新東的 9 人周一（2 日）起處理求情，何桂藍、劉頴匡、鄒家成、楊岳橋、陳志全、林卓廷、范國威 7 人完成陳詞。案件周二續，續處理呂智恆、林景楠的求情。
何桂藍一方確認何的案底紀錄後稱，「除此之外，沒有求情」。鄒家成在求情信指，想像不到參選已構成危害國安，亦提及數年來的還押生活。楊岳橋求情信稱身為律師，要承認犯下刑事罪行難堪，又指對公民黨成員非常抱歉。
劉頴匡自行陳詞稱自己應屬「積極參與」，又引案例指據案情可扣減刑期，他亦讀出女友求情信。范國威一方稱《基本法》容許否決預算，而憲制沒那麼脆弱，另引女兒求情信稱范是最好的爸爸。陳志全、林卓廷的代表大狀都提及兩人參與程度少。
In the case involving 47 democracy camp defendants charged with conspiracy to subvert state power, the final group of nine who stood for election in New Territories East began making mitigation submissions on Monday (2nd). Gwyneth Ho, Lau Wing-kwong, Owen Chow, Alvin Yeung, Raymond Chan, Lam Cheuk-ting and Fan Kwok-wai completed their submissions. The case continues on Tuesday, with mitigation submissions by Hendrick Lui Chi-hang and Mike Lam King-nam to be dealt with.
After Ho’s criminal record was confirmed, her side said: “Apart from that, there will be no mitigation.” In a mitigation letter, Chow said he could not imagine that standing for election had constituted a threat to national security, and also referred to his life in remand custody over the past several years. Yeung’s mitigation letter said that, as a lawyer, he found it distressing to admit having committed a criminal offence, and that he was very sorry to members of the Civic Party.
Lau made submissions himself, saying he should be classified as an “active participant”. He also cited case law stating that the sentence could be reduced based on the facts of the case, and read out a mitigation letter from his girlfriend. Fan’s side said the Basic Law permits the budget to be vetoed and that the constitutional system was not so fragile. It also cited a letter from his daughter saying that Fan was the best father. Counsel representing Chan and Lam both referred to their limited levels of participation.
2 Sept 2024法庭線#4006
47-person case mitigation letters: Liu Yik-kuen says he would never have joined had he known he would be imprisoned; girlfriend says Liu has suffered immense punishment
47 人案新東 9 人周一（2 日）處理求情，《法庭線》取得劉頴匡親自撰寫、未有在庭上讀出的求情信，他指認罪是因為必須承認，他知道並同意戴耀廷的議程，但指並非其競選重點。劉指，如果知道會因為參加初選而入獄，「我絕對不會參加，會選擇其他方式貢獻社會。」
親自陳詞的劉頴匡，亦在庭上讀出由女友黃于喬 Emilia 為他撰寫的求情信部分內容，提及劉選擇從政，是出於對社會人民的關懷、對香港民主化的追求，期望能夠貢獻才能，不料捲入案件身陷囹圄，在獄中度過「人生最黃金的時期」，已得到莫大懲罰。
黃又指，劉還押的 3 年多以來，她每天風雨不改的到收押所探望，「正正因為我認為他不是作奸犯科、偷呃拐騙的罪犯，是個值得我繼續關心和付出的人」。
The nine defendants from the New Territories East in the 47-person case made mitigation submissions on Monday (2nd). The Court Journalism obtained a mitigation letter personally written by Liu Yik-kuen, which was not read in court. He said pleading guilty meant he had to acknowledge that he knew and agreed with Benny Tai's agenda, but said it was not the focus of his campaign. Liu said that if he had known he would be imprisoned for taking part in the primary election, “I absolutely would not have participated, and would have chosen other ways to contribute to society.”
Liu Yik-kuen, who made personal mitigation submissions, also read parts in court of a mitigation letter written for him by his girlfriend, Wong Yu-kiu Emilia. She said Liu chose to enter politics out of concern for society and the people, and in pursuit of democratisation in Hong Kong, hoping to contribute his abilities. He had not expected to become embroiled in the case and imprisoned, spending “the golden period of his life” behind bars, and had already received immense punishment.
Wong also said that throughout Liu’s more than three years on remand, she visited him at the remand centre every day regardless of the weather: “Precisely because I believe he is not a criminal who committed wrongdoing or engaged in stealing, cheating or fraud, but someone worthy of my continued care and devotion.”
2 Sept 2024法庭線#4007
47-person case: Alvin Yeung says in mitigation letter he is very sorry for Civic Party members’ involvement in planning, causing them huge anxiety
47 人案新東 9 人周一（2 日）處理求情。庭上所見，選擇認罪的楊岳橋清瘦不少，他的代表、資深大狀蔡維邦在庭上讀出他親自撰寫的求情信。
楊提及作為律師，要承認犯下刑事罪行實在難堪，而帶罪之身亦為家人、同僚及同一大律師事務所的同工帶來難堪。他說最初的抱負是幫助令到香港成為，對香港人來說更好的地方，「但我因為天真和盲目的熱忱而偏離了方向」。
楊續指，其行為可能導致公民黨成員參與了「這個沒甚希望而且是非法的謀劃」，指一定令他們及家人承受巨大焦慮，對此感到非常抱歉。
Mitigation proceedings for the nine New Territories East defendants in the 47-person case took place on Monday (the 2nd). In court, Alvin Yeung, who had chosen to plead guilty, appeared noticeably thinner. His representative, Senior Counsel Choi Wai-bong, read out a mitigation letter personally written by Yeung.
Yeung said that, as a barrister, it was deeply difficult to admit having committed a criminal offence, and that his criminal liability had also caused embarrassment to his family, colleagues and fellow members of the same chambers. He said his original aspiration was to help make Hong Kong a better place for Hong Kong people, “but I lost my way because of naivety and blind enthusiasm”.
Yeung added that his actions may have led Civic Party members to participate in “this hopeless and illegal conspiracy”, which had inevitably caused them and their families considerable anxiety. He said he was very sorry.
1 Sept 2024法庭線#3998
Stand News case | Johannes Chan: Ruling broadens scope of sedition, making it difficult for media to judge the red line Edward Wong Kai-yeung i: Is it a good thing for judges to decide whether editorial decisions are appropriate?
《立場新聞》被控「串謀發布煽動刊物」案，法官郭偉健裁定，前《立場》總編輯鍾沛權、署任總編輯林紹桐，以及《立場》所屬公司罪成，涉案 17 篇文章，共 11 篇被裁定具煽動意圖。
港大法律學院客席教授陳文敏接受《法庭線》訪問，形容判決劃定的煽動界線模糊，日後傳媒難拿捏紅線。他又指，判詞擴大了煽動罪適用範圍，包括指「罔顧後果」足證煽動意圖，以及毋須證明對國安構成實質風險等；又認為判詞未有考慮《立場》全部內容，情況如憑醫科書內的一張圖片，判定屬淫褻不雅，指客觀的傳媒，可以是在多篇文章裡刊登不同觀點和內容。
In the case in which Stand News was charged with conspiracy to publish seditious publications, Judge Kwok Wai-kin found former Stand News editor-in-chief Chung Pui-kuen, acting editor-in-chief Lam Siu-tung and the company to which Stand News belonged guilty. Of the 17 articles involved, 11 were found to have seditious intent.
Johannes Chan, a visiting professor at the University of Hong Kong’s Faculty of Law, told The Witness that the boundary for sedition set by the ruling was unclear, making it difficult for the media to judge the red line in future. He said the judgment had broadened the scope of the sedition offence, including by holding that “disregard for the consequences” was sufficient to prove seditious intent and that it was unnecessary to prove that there was an actual risk to national security. He also said the ruling had not considered all of Stand News’s content, likening the situation to determining that a medical textbook was obscene and indecent based on a single picture in it. He said objective media outlets could publish different viewpoints and content across multiple articles.
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