4 Dec 2023獨媒#8749
SAR Government vows to pursue Agnes Chow to the full in accordance with law, urges her to cooperate with police or face deeper trouble and regret
特區政府傍晚發出嚴正聲明，點名指因涉嫌違反「勾結外國或者境外勢力危害國家安全罪」被國家處拘捕的周庭，公然在社交媒體表示將棄保潛逃，罔顧法紀，當局會全力依法追捕，並嚴厲譴責該畏罪潛逃的羞恥行為。特區政府亦勸喻周庭回頭是岸，與警方合作為其行為負責，改過自新，否則將泥足深陷，後悔莫及。
The SAR Government issued a stern statement in the evening, naming Agnes Chow, who was arrested by the state authorities for allegedly violating the offence of “collusion with a foreign country or with external elements to endanger national security”. It said she had openly stated on social media that she would abandon bail and flee, in disregard of the law, and that the authorities would pursue her to the full in accordance with law while strongly condemning the shameful act of absconding to evade criminal responsibility. The SAR Government also urged Chow to turn back, cooperate with the police and take responsibility for her actions, and reform herself; otherwise, it said, she would become further embroiled and regret it too late.
4 Dec 2023獨媒#8750
Foreign Ministry strongly condemns ‘irresponsible conduct openly challenging the rule of law’ over Agnes Chow case
前香港眾志成員周庭在2020年被指涉嫌違反《港區國安法》「勾結外國或者境外勢力危害國家安全」被捕後獲准保釋候查，至今未被起訴。周庭昨晚表示，今年9月獲准赴加拿大修讀碩士，原定今個月月底須返港報到，但經深思熟慮後決定不回港。中國外交部在記者會上回應NHK時表示，強烈譴責公然挑戰法治的不負責行為，強調中國是法治國家、香港是法治社會，任何人都沒有法外特權，任何違法犯罪行為必須受到法律懲處。
Former Demosisto member Agnes Chow was arrested in 2020 on suspicion of violating the Hong Kong National Security Law by “colluding with a foreign country or external forces to endanger national security”, and was later released on bail pending investigation. She has not been charged to date. Chow said last night that she was permitted to travel to Canada in September this year to pursue a master’s degree, and was originally required to return to Hong Kong to report at the end of this month. After careful consideration, however, she decided not to return. Responding to NHK at a press conference, China’s Foreign Ministry said it strongly condemned the “irresponsible conduct of openly challenging the rule of law”, stressing that China is a country governed by the rule of law and Hong Kong is a society governed by the rule of law, that no one has extralegal privileges, and that any violation of the law or criminal conduct must be punished in accordance with the law.
4 Dec 2023法庭線#8751
47-person case | Oral closing submissions completed; Yue Shun Lee and Ho Kwai-lam’s sides argue “unlawful means” must involve force or criminal offences
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（4 日）展開第 118 天審訊，最後兩名被告李予信及何桂藍均完成案情及法律爭議陳詞。就案情，李一方指，李參與串謀的證據不足，而控方沒將公民黨列為共謀者，該黨的行為也不能歸咎於李。何一方指，何認為「35+」不可行，參選只為「破局」，亦清楚知悉沒有機會成為立法會議員（見內文表）。
就法律爭議，雙方均爭議控罪條文中「非法手段」的定義，李一方提出須涵蓋武力或威脅用武，何一方則提出定義須涉刑事罪行；法官陳慶偉分別引電腦病毒及劫案哨兵為例質疑。
控辯口頭結案陳詞階段完成，法官陳慶偉料最快 3 至 4 個月後裁決，但強調須審理另案，未能保證能否如期裁決。10 名准保釋被告獲撤宵禁令，其餘 6 名被告繼續還押。散庭後，在正庭及延伸庭的被告，向旁聽揮手道別。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 118th day on Monday (4th). The final two defendants, Yue Shun Lee and Ho Kwai-lam, completed their submissions on the facts and legal issues. On the facts, Yue Shun Lee’s side argued that there was insufficient evidence of Yue Shun Lee’s participation in the conspiracy, and that the prosecution had not named the Civic Party as a co-conspirator, meaning the party’s conduct could not be attributed to Yue Shun Lee. Ho’s side argued that Ho considered “35+” unworkable, and that she stood for election only to “break the deadlock”, while clearly knowing that she had no chance of becoming a Legislative Council member (see the table in the main text). On the legal issues, both sides disputed the definition of “unlawful means” in the charge. Yue Shun Lee’s side submitted that it had to encompass force or threats to use force, while Ho’s side submitted that it had to involve criminal offences. Judge Andrew Hing Wai Chan questioned the arguments by citing computer viruses and robbery lookouts as examples. Oral closing submissions by both the prosecution and defence have been completed. Judge Andrew Hing Wai Chan said a ruling could be delivered at the earliest in three to four months, but stressed that another case had to be heard and could not guarantee that the ruling would be delivered on schedule. The curfew orders on 10 defendants who had been granted bail were lifted, while the remaining six defendants continued to be remanded in custody. After the hearing, the defendants in the main courtroom and the extension courtroom waved goodbye to those in the public gallery.
30 Nov 2023法庭線#8724
47 Democrats Case | Defence Continues Closing Submissions: Hectar Hei Pun Says No Intention to Implement Conspiracy; Ma Wai-kwan Says Blanket Vetoes Do Not Constitute Subversion
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（30 日）展開第 117 天審訊。梁國雄、陳志全及鄒家成等 5 名被告完成案情或法律結案陳詞（見內文表）；劉偉聰、施德來採書面陳詞。餘下的何桂藍、李予信，將待辯方完成法律陳詞後，再就案情陳詞。案件下周一續。
代表鄭達鴻、梁國雄的資深大狀潘熙指，兩人沒意圖執行串謀協議，不應被視為共謀者。法官引案例、梁的發言數度質疑；潘重申兩人沒意圖執行，控方亦未舉證至毫無合理疑點。
鄒家成代表大狀陳世傑指，〈墨落無悔〉發起人之間就算有協議，也非本案指控的協議，何況〈墨〉絕非協議；又指控方不能當《國安法》是「尚方寶劍」，不受限地拓闊詮釋。陳志全代表大狀馬維騉指，失職本質上不等同「非法」，而無差別否決沒明文禁止，也不構成顛覆。
The trial of 47 democrats charged with conspiracy to subvert State power entered its 117th day on Thursday (30th). Five defendants, including Leung Kwok-hung, Chan Chi-chuen and Chow Ka-shing, completed their factual or legal closing submissions (see table in main text); Lawrence Wai Chung Lau and Sze Tak-lai filed written submissions. The remaining defendants, Gwyneth Ho and Yue Shun Lee, will make factual submissions after the defence completes its legal submissions. The case will continue next Monday.
Senior counsel Hectar Hei Pun, representing Cheng Tat-hung and Leung Kwok-hung, said the two had no intention of implementing the conspiracy agreement and should not be regarded as conspirators. The judge cited case authorities and questioned Leung’s statements several times; Pan reiterated that the two had no intention of implementing the agreement and that the prosecution had not proved its case beyond reasonable doubt.
Chow Ka-shing’s senior counsel Philip Sai Kit Chan said that even if there had been an agreement among the initiators of “Ink Without Regret”, it was not the agreement alleged in this case; in any event, “Ink Without Regret” was absolutely not an agreement. Counsel also said the prosecution could not treat the National Security Law as a “magic sword” and expand its interpretation without limit. Ma Wai-kwan, representing Chan Chi-chuen, said dereliction of duty was not inherently equivalent to being “illegal”, while blanket vetoes were not expressly prohibited and did not constitute subversion.
29 Nov 2023法庭線#8712
47-person case｜Closing submissions begin as prosecution says unlawful means need not involve force; judge cites remarks and posts to question defence
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（29 日）展開第 116 天審訊，控辯雙方開始口頭結案陳詞。控方就法律爭議陳詞，指《國安法》第 22 條「顛覆國家政權罪」下，「非法手段」毋須涵蓋武力，而「非法」涉及刑事罪行及濫權兩層面。
辯方其後依次就案情作結案陳詞（見內文表），吳政亨、余慧明的代表大狀石書銘總結時指，吳、余不主張流血殺戮，亦非尋求推翻憲制秩序，又指兩人想政權信守諾言、根據憲制帶來政治改變，以及實踐《基本法》承諾的雙普選，皆「不可能是顛覆」。
林卓廷、黃碧雲、楊雪盈、何啟明的代表陳詞時，法官引述論壇發言、FB 帖文等質疑曾提及「用盡憲制入面權力」、「否決對犯罪組織的任何撥款」，辯方回應稱僅指《基本法》權力及並非無差別否決。
此外，法官拒絕辯方申請押後至本周五就法律爭議陳詞，並在回答辯方時指，預計本案需要 3 至 4 個月後方可裁決。案件周四續。
The 116th day of the trial of 47 pro-democracy figures charged with conspiracy to subvert state power began on Wednesday (29th), with both the prosecution and defence starting oral closing submissions. On a legal dispute, the prosecution submitted that under Article 22 of the National Security Law, “unlawful means” in the offence of subversion of state power need not involve force, and that “unlawful” covers both criminal offences and abuse of power.
The defence then made closing submissions on the facts of the case in turn (see the table in the main text). In summing up, the leading counsel representing Wu Chi-hang and Yu Wai-ming, Randy Shu Ming Shek, said that Wu and Yu did not advocate bloodshed or killings, nor did they seek to overthrow the constitutional order. The counsel also said that their wish for the authorities to honour their promises, bring about political change in accordance with the constitutional order, and implement the Basic Law’s commitment to universal suffrage for both elections “could not possibly be subversion”.
During submissions by the representatives of Lam Cheuk-ting, Helena Wong Pik-wan, Clarisse Yeung Suet-ying and Ho Kai-ming, the judge cited remarks made at forums and Facebook posts, questioning references to “using up the powers within the constitutional framework” and “vetoing any funding for criminal organisations”. The defence responded that the remarks referred only to powers under the Basic Law and did not mean indiscriminate vetoes.
The judge also rejected the defence’s application to adjourn submissions on the legal dispute until this Friday. In response to the defence, the judge said the case was expected to require a further three to four months before a verdict could be delivered. The case will continue on Thursday.
29 Nov 2023法庭線#8723
26-year-old man charged over allegedly wearing seditious slogans at airport; remanded until Jan 4
警方國家安全處日前在機場閘口拘捕一名 26 歲男子，指他穿上有煽動字句的衣服，並在其隨身物品中搜出印有煽動字句的旗幟和衣物，以及他人的身份證。該男子被落案起訴「作出具煽動意圖的作為」、「管有煽動刊物」及「管有他人身份證」共 3 罪，案件周三（29 日）在西九龍裁判法院首度提堂。
控方申請押後，以待警方進一步調查被告的手機和社交帳戶，審視有否涉及其他控罪。辯方提出保釋申請，控方反對。《國安法》指定法官、總裁判官蘇惠德聽取雙方陳詞後，拒絕擔保，被告須還押至 2024 年 1 月 4 日再訊。被告保留 8 天保釋覆核權，將於 12 月 6 日作保釋覆核。
據了解，被告涉穿上印有「光復香港 時代革命」及「香港獨立 唯一出路」的上衣，警方亦在其隨身物品搜出印有「光時」的旗幟。
The Police National Security Department recently arrested a 26-year-old man at an airport gate, alleging that he was wearing clothing bearing seditious wording. Flags and clothing printed with seditious wording, as well as another person’s identity card, were also found among his belongings. The man was charged with three offences: doing an act with seditious intention, possession of seditious publications, and possession of another person’s identity card. The case came before the West Kowloon Magistrates’ Courts for the first time on Wednesday (29th).
28 Nov 2023法庭線#8711
Judicial review bid alleging National Security Committee exceeded its powers rejected; Jimmy Lai appeals, hearing set for April
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，早前獲高院批准聘用英國御用大狀 Tim Owen 來港抗辯。律政司不服提上訴，先後被上訴庭、終審法院駁回。全國人大常委會其後應港府提請，就《國安法》第 14 及 47 條釋法，指在危害國安案件批准聘任海外律師前，應先取得特首發出的證明書。
黎智英申請司法覆核許可，指國安委建議入境處拒絕向 Tim Owen 批出簽證，僭越《國安法》權力，被高院首席法官潘兆初駁回。黎智英不服決定提上訴，司法機構網頁顯示，聆訊排期於 2024 年 4 月 16 日審理，預計審期一天。
Next Digital founder Jimmy Lai was charged with conspiracy to collude with foreign forces. The High Court earlier granted permission for him to hire British Queen’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice appealed, but its appeals were rejected by the Court of Appeal and the Court of Final Appeal. The Standing Committee of the National People’s Congress subsequently interpreted Sections 14 and 47 of the National Security Law at the Hong Kong Government’s request, stating that a certificate issued by the Chief Executive should first be obtained before an overseas lawyer is approved to act in cases endangering national security.
Lai applied for leave to seek a judicial review, arguing that the Committee for Safeguarding National Security had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to issue Tim Owen a visa. The application was rejected by Chief Judge of the High Court Jeremy Poon. Lai appealed against the decision. The Judiciary’s website shows that the hearing is scheduled for 16 April 2024, with an estimated duration of one day.
23 Nov 2023法庭線#8685
Four HKU students implicated in motion thanking Leung Kin-fai plead guilty and are sentenced to two years; all four appeal sentences
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。
繼張敬生、杜林丞亨在 2023 年 11 月 10 日提出刑期上訴後，另外兩人即郭永皓、容頌禧亦提刑期上訴，不過法庭文件未顯示郭、容提出上訴日期。目前司法機構網頁顯示，案件仍待排期聆訊。
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 thanking Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of “inciting others to wound with intent” and were each sentenced to two years’ imprisonment.
After Kinson Cheung King-sang and Chris Todorovski lodged sentence appeals on November 10, 2023, the other two, namely Charles Kwok Wing-ho and Anthony Yung Chung-hei, also appealed their sentences. However, court documents do not show when Kwok and Yung lodged their appeals. The Judiciary’s website currently shows that the case is still awaiting a hearing date.
23 Nov 2023法庭線#8687
46-year-old man jailed for four months after pleading guilty to posting seditious messages on LIHKG
一名 46 歲男子被指 2023 年 3 月至 9 月期間，在「連登」討論區發布煽動訊息，他周四（23 日）在西九龍裁判法院承認煽動罪，被判囚 4 個月。
案情指，被告涉發布共 49 則具煽動性留言，包括「打倒中国共產黨」、「習近平仆街冚家剷」、「怒炸北京中南海」、「唔爭在殺埋中共高官」等。辯方求情指被告沉醉網上世界，受網上激進思想影響而犯案，現時已作反省。
總裁判官蘇惠德判刑指，被告借題發揮，在其他用戶的帖文下留言，挑戰中央的主權威望，鼓吹傷害國家領導人；又指他渲染暴力，或令無知的人被煽惑而付諸行動。
A 46-year-old man was sentenced to four months in prison at West Kowloon Magistrates’ Courts on Thursday (the 23rd) after pleading guilty to a sedition charge over messages posted on the LIHKG discussion forum between March and September 2023.
The case stated that the defendant had allegedly posted 49 seditious messages, including “Overthrow the Chinese Communist Party”, “Xi Jinping, drop dead, may your whole family be wiped out”, “Angrily bomb Zhongnanhai in Beijing” and “Might as well kill senior Chinese Communist Party officials too”. The defence said in mitigation that the defendant had been immersed in the online world and influenced by radical ideas online when he committed the offence, and had since reflected on his actions.
Chief Magistrate So Wai-tak said when sentencing that the defendant had used other users’ posts as an opportunity to make comments challenging the sovereignty and authority of the central government, and advocating harm against national leaders. He also said the defendant had promoted violence, which could incite ignorant people to put such ideas into action.
15 Nov 2023獨媒#8649
Prosecution and defence make submissions on UK Privy Council case; judge further adjourns ruling pending judgment in ‘Fast Beat’ appeal
《立場新聞》母公司、前總編輯鍾沛權及前署任總編輯林紹桐被控「串謀發布煽動刊物」罪，今年6月底完成結案陳詞，原押至今天裁決，惟英國樞密院上月就一宗千里達司法覆核案，裁定煽動罪「隱含必要條件」為須有煽動暴力或動亂的意圖，法官因應辯方申請，要求雙方今就此陳詞。控方指，樞密院無進行憲法分析，上述僅為「附帶意見」，而千里達與香港的煽動條文和社會情況等均有分別，香港涉2019年「黑暴」的「特殊社會情況」，不能將案例直接套用。不過辯方反駁，煽暴意圖為判詞「核心論點」，而兩地煽動罪法律淵源一樣，法庭應採納案例。
The parent company of Stand News, former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Siu-tung were charged with conspiracy to publish seditious publications. They completed closing submissions at the end of June, and a verdict was originally scheduled for today. However, after the UK Privy Council ruled last month in a Trinidad judicial review case that an implied essential element of the offence of sedition is an intention to incite violence or disorder, the judge, in response to an application by the defence, asked both sides to make submissions on the issue today. The prosecution said the Privy Council had not conducted a constitutional analysis and that the above was merely an “incidental opinion”; it also said Trinidad and Hong Kong differed in their statutory provisions on sedition and social circumstances, and that Hong Kong’s “special social circumstances” involving the 2019 “black violence” meant the case could not be directly applied. The defence countered that the intention to incite violence was a “core argument” of the judgment, that the laws on sedition in the two places had the same legal origins, and that the court should adopt the case.
Translations are supplied by the source workbook. Consult the original reporting for context.
