29 Sept 2023法庭線#8427
Convicted of Sedition and Money Laundering, Ruan Min’an Released After Serving 26-Month Sentence
今年 8 月承認煽動及洗黑錢兩罪，被判囚 26 個月的藝人阮民安，周五（29 日）中秋節早上刑滿獲釋，他身穿深藍色長袖上衣，戴上黑色冷帽 ，早上約 9 時半到達懲教所附近的一段行人路，由親友接送上白色七人車離開。
他表示，在囚期間「每一分每一秒都係咁痛苦」，「用盡咗自己力氣去保護一啲事情，喺呢件事入邊，我係心安理得。」被問到日後有何打算，阮表示日後會將向大眾交代。
阮民安被指於 2021 至 2022 年，於社交媒體咒罵法官、稱水警殉職「值得慶祝」等，及偕親友虛構一名暴動案女被告，訛稱用販賣曲奇所得收益資助她。法官練錦鴻指，被告報稱為藝人，有一定知名度，吸引多人回應及分享涉案帖文，對社會「為害非淺」。
除了服刑，阮亦被充公 37 萬元款項。阮民安於判刑前，已還押逾 18 個月。
Entertainer Ruan Min’an, who pleaded guilty in August to sedition and money laundering and was sentenced to 26 months in prison, was released after completing his sentence on Friday morning (the 29th), the Mid-Autumn Festival. Wearing a dark blue long-sleeved top and a black beanie, he arrived at a footpath near the correctional institution at about 9.30am and left in a white seven-seater vehicle driven by relatives and friends.
He said that “every minute and every second” of his time in custody had been painful, adding: “I used all my strength to protect certain things. In this matter, I have a clear conscience.” Asked about his plans, Ruan said he would explain them to the public in due course.
Ruan was accused of cursing judges on social media between 2021 and 2022 and saying that the death of a Water Police officer in the line of duty was “worth celebrating”. He was also accused of fabricating, together with relatives and friends, a female defendant in a riot case and falsely claiming that proceeds from selling cookies had been used to support her. Judge Stanley Chan said the defendant had identified himself as an entertainer and had a certain degree of fame, attracting many responses and shares of the posts in question, which had caused “considerable harm” to society.
In addition to the prison sentence, HK$370,000 was confiscated. Ruan had already spent more than 18 months in custody before sentencing.
18 Sept 2023獨媒#8379
National Security Department arrests man over continued posting of seditious messages on social media
警務處國家安全處晚上表示，今日（18日）於紅磡拘捕一名46歲男子，指他疑多次透過社交平台持續發布具有煽動意圖的訊息，內容包括煽動他人引起對中央及香港特區政府憎恨、要求制裁政府人員及煽動使用暴力等，涉嫌違反《刑事罪行條例》第九和十條「作出具煽動意圖的作為」罪。
The Police Force’s National Security Department said this evening that it arrested a 46-year-old man in Hung Hom today (18th), alleging that he had repeatedly used social media to post messages with seditious intent. The content included inciting others to stir up hatred against the Central Government and the Hong Kong Special Administrative Region Government, calling for sanctions against government officials, and inciting the use of violence. He is suspected of violating sections 9 and 10 of the Crimes Ordinance, the offence of “doing acts with seditious intention”.
18 Sept 2023獨媒#8381
Ronny Tong: National security cases are better handled by designated judges; jury system is considerably outdated
《港區國安法》首宗案件唐英傑案由3名指定法官審理，不設陪審團。資深大律師湯家驊認為，國安法案件由3名指定法官審理，較使用陪審團制度為佳及安全，陪審團已是相當老化或過時的制度，「全世界大部分人對陪審團制度，都好有異議」：「我就寧願3位法官好過陪審團，因為3位法官首先受過專業訓練，佢哋審訊案件會有一定嘅原則性處理方法，佢自己本身有一啲政治立場都好啦，佢都盡量唔容許自己政治立場影響佢嘅判斷。但陪審員未受過呢啲咁嘅訓練，未必可以做到呢一點。」
The first case under the Hong Kong National Security Law, the Tong Ying-kit case, was heard by three designated judges without a jury. Senior Counsel Ronny Tong said that having national security cases heard by three designated judges was better and safer than using a jury system, which he described as a considerably aged or outdated system. He said: “Most people around the world have very strong reservations about the jury system. I would rather have three judges than a jury, because the three judges have first received professional training and will have a certain principled approach to handling trials. Even if they themselves have certain political views, they will do their utmost not to allow those political views to affect their judgment. Jurors, however, have not received this kind of training and may not necessarily be able to do this.”
14 Sept 2023法庭線#8367
Four HKU students admit inciting the wounding of a police officer over motion thanking Leung Kin-fai; judge accepts public apologies as strong mitigation
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 2 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 人開審前承認交替控罪「煽惑他人有意圖而傷人」。
案件周四（14 日）在區院求情。辯方力陳被告應獲全數三分一的認罪扣減，法官謝沈智慧質疑被告於審前覆核時才認罪，按上訴庭準則應只得 25% 減刑。官亦曾反問是誰摧毀被告的未來？並指遺憾地要對有前途的年輕人判刑。辯方另指，被告公開道歉及撤回議案，為有力求情理由；官同意，認為屬《國安法》下「主動放棄犯罪」。
此外，控方欲呈新案情更正語法錯誤，被法官嚴詞拒絕。案件押後至下周三續處理求情，4 人續准保釋。
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 2021 council meeting concerning Leung Kin-fai, the suspect in the July 1 police stabbing case. They were charged under the National Security Law with “advocating terrorism”. Before the trial began, the four pleaded guilty to the alternative charge of “inciting others to wound with intent”.
The case came before the District Court for mitigation on Thursday (14th). The defence argued that the defendants should receive the full one-third reduction for pleading guilty, but Judge Adriana Noelle Tse Ching questioned this, saying that as the pleas were entered only at the pre-trial review, the defendants should receive only a 25% reduction under Court of Appeal guidelines. The judge also asked who had destroyed the defendants’ futures and said it was regrettable that he had to sentence promising young people. The defence further argued that the defendants’ public apologies and withdrawal of the motion were strong mitigating factors. The judge agreed, saying these amounted to “voluntary abandonment of the crime” under the National Security Law.
The prosecution also sought to submit new facts to correct a grammatical error, but the judge rejected the request emphatically. The case was adjourned until next Wednesday for further mitigation proceedings, and the four were allowed to remain on bail.
13 Sept 2023Channel C#8361
National Security Department takes Hui Chi-fung’s parents-in-law and brother-in-law for questioning; he says the “strongest response” is to live and work as usual
警方國安處自7月懸紅通緝，前立法會議員許智峯等8名涉違反《港區國安法》的海外港人，又多次帶走他們在港親友問話。昨日（13日）國安處帶走許智峯許的岳父母及大舅，查問是否有保持聯絡或金錢往來。許智峯同日深夜在社交平台提及事件，表示感謝各方致意，並指政權對民主自由的打壓無日無之，自己的「最強的回應」就是如常生活、如常工作，亦強調會繼續為香港的民主自由努力。
Since July, the Police National Security Department has placed bounties on and wanted eight overseas Hong Kong people, including former Legislative Council member Hui Chi-fung, for allegedly violating the Hong Kong National Security Law. It has also repeatedly taken their relatives and friends in Hong Kong away for questioning. Yesterday (13th), the department took Hui’s parents-in-law and brother-in-law in for questioning over whether they had maintained contact or had financial dealings with him. Hui referred to the incident on social media late the same night, thanked people for their messages of support, and said that the regime’s suppression of democracy and freedom was unrelenting. He said his “strongest response” was to live and work as usual, and stressed that he would continue striving for democracy and freedom in Hong Kong.
12 Sept 2023獨媒#8357
National Security Department takes two men and one woman for questioning, including Ted Hui’s father-in-law
警方國安處今早帶走前立法會議員許智峯的岳父到屯門青山警署調查問話。許智峯岳父在近下午2時獲准離開，步出警署後即奔跑至對面的輕鐵站。警方回覆《獨媒》查詢時確認，今日在新界區帶走兩男一女調查，涉嫌協助在逃人繼續從事危害國家安全行為。
The Police National Security Department took former Legislative Council member Ted Hui’s father-in-law to Tuen Mun’s Castle Peak Police Station this morning for questioning. He was allowed to leave at around 2 p.m. and ran to the light rail station opposite the police station after walking out. In response to an enquiry from InMedia, police confirmed that two men and one woman were taken for investigation in the New Territories today on suspicion of assisting a fugitive to continue engaging in acts endangering national security.
12 Sept 2023法庭線#8359
23-year-old Mainland law PhD student jailed for six months for attempted incitement; judge says operation was international and accepts no advocacy of violence
23 歲就讀中大法律博士的內地生，被指打算於今年六四於銅鑼灣展示印有「六四屠殺」及「國殤之柱」圖像的直幡，周一承認企圖煽動罪。《國安法》指定法官、主任裁判官羅德泉周二（12 日）於西九龍裁判法院判被告監禁 6 個月。
羅判刑時指，高志活、周鋒鎖網上宣傳、提供直幡，行動屬「國際性」，而直幡內容具「尖銳性」，目標對象均對訊息內容有共鳴，是志同道合的人，他們容易被挑起情緒。被告並非衝動行事，有全盤計劃，於警方保釋期間犯案。
但羅接納，直幡沒有鼓吹暴力，沒有煽動他人作進一步非法行動。直幡內容圍繞六四事件，被告沒有加添內容，而涉案「國殤之柱」亦曾公開展示多年。即使再展示直幡，突然刺激他人情緒的潛在危機亦不太大。
A 23-year-old Mainland student pursuing a PhD in law at CUHK, who was accused of planning to display vertical banners in Causeway Bay this year on June 4 bearing images of the “June 4 massacre” and the “Pillar of Shame”, pleaded guilty on Monday to attempting to incite subversion. Lo Tak-chuen, a National Security Law-designated judge and Chief Magistrate, sentenced the defendant to six months’ imprisonment at West Kowloon Magistrates’ Courts on Tuesday (the 12th).
In sentencing, Lo said Ko Chi-wut and Zhou Fengsuo had promoted the matter online and provided the vertical banner, and that the operation was “international” in nature. He said the banner’s content was “sharp”, and that its intended audience—people who resonated with the message and were like-minded—could easily have their emotions stirred. The defendant had not acted impulsively but had made a comprehensive plan, and committed the offence while on police bail.
However, Lo accepted that the banner did not advocate violence or incite others to take further unlawful action. Its content centred on the June 4 incident, and the defendant had not added anything to it. The “Pillar of Shame” involved had also been publicly displayed for many years. Even if the banner had been displayed again, the potential risk of suddenly provoking others’ emotions would not have been particularly great.
11 Sept 2023法庭線#8354
Four HKU students plead guilty to alternative charge of inciting injury to police over motion thanking Liang Kin-fai; terrorism-promotion charge withdrawn
香港大學學生會評議會時任主席張敬生、時任學生會會長郭永皓，以及 2 名時任評議員杜林丞亨和容頌禧，被指於 2021 年學生會評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控一項《國安法》下的「宣揚恐怖主義」罪。
案件周一（11 日）在區域法院開審，4 人於開審前承認交替控罪煽惑他人有意圖而傷人，宣揚恐怖主義罪則撤銷。法官謝沈智慧押後至周四求情，4 人續准保釋。
案情指，港大評議會召開緊急會議討論「七一刺警」事件，張敬生主持會議並帶領默哀；郭永皓動議向梁健輝致謝及表示哀悼、杜林丞亨和議，而杜林與容頌禧分別就議案發言，提及「懷緬為港犧牲的烈士」、「被共產黨形容為恐怖分子的人，實際上會成為英雄」等。
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the then-president of the Students’ Union, Charles Kwok Wing-ho, and two then-council members, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a Students’ Union Council meeting in 2021 concerning Liang Kin-fai, the suspect in the July 1 police stabbing case. They were charged with one count under the National Security Law of promoting terrorism.
The case opened at the District Court on Monday (11th). Before the trial began, all four pleaded guilty to the alternative charge of inciting others to wound with intent; the charge of promoting terrorism was withdrawn. Judge Adriana Noelle Tse Ching adjourned the case until Thursday for mitigation, and all four were continued on bail.
The case alleged that the HKU Council held an emergency meeting to discuss the July 1 police stabbing incident. Kinson Cheung King-sang chaired the meeting and led a minute’s silence. Charles Kwok Wing-ho moved a motion to thank Liang Kin-fai and express condolences, which was seconded by Chris Todorovski. To Lam and Anthony Yung Chung-hei spoke on the motion, referring to such remarks as “martyrs who sacrificed themselves for Hong Kong” and “people described by the Communist Party as terrorists will in fact become heroes”.
6 Sept 2023法庭線#8332
First prosecution for importing seditious publications since National Security Law; 38-year-old man accused of importing 18 Sheep Village books remanded
38 歲男子被控一項「輸入煽動刊物」罪，周三（6 日）在西九龍裁判法院首提堂。控罪指，他涉與另一人於 2023 年 3 月，輸入 18 本《羊村》刊物，包括各 3 本《羊村守衛者》、《羊村十二勇士》、《羊村清道夫》、《羊村投票日》、《羊村建築師》，以及《羊村日報》。
總裁判官蘇惠德聽取辯方陳詞後，拒絕被告的保釋申請。案件押後至 10 月 6 日答辯，待被告徵詢法律意見、索取文件；被告放棄 8 天保釋覆核權。
A 38-year-old man was charged with one count of importing seditious publications and appeared at West Kowloon Magistrates’ Courts on Wednesday (the 6th). The charge alleges that he imported 18 Sheep Village publications with another person in March 2023, including three copies each of Sheep Village Guardians, Sheep Village’s Twelve Warriors, Sheep Village Cleaners, Sheep Village Voting Day and Sheep Village Architect, as well as Sheep Village Daily.
After hearing submissions from the defence, Chief Magistrate So Wai-tak refused the defendant’s bail application. The case was adjourned to October 6 for plea, pending the defendant obtaining legal advice and requesting documents. The defendant waived his right to an eight-day bail review.
2 Sept 2023獨媒#8308
47-person Primary Election Case: Prosecution and Defence Finish Presenting Evidence in 29th Week; Closing Submissions Tentatively Set for Nov 27
47人涉組織及參與民主派初選，16人否認「串謀顛覆國家政權」罪，進入審訊第二十九周。最後一名被告余慧明本周完成作供，強調一直想爭取「五大訴求，缺一不可」，而否決預算案是合法、合理的手段；余又形容每個議員為獨立個體，無法迫人聯手否決。
The 47 defendants were involved in organising and participating in the pan-democratic primary election, with 16 pleading not guilty to conspiracy to subvert state power. The trial entered its 29th week. The final defendant, Yu Wai-ming, completed her testimony this week, stressing that she had always sought to pursue the “five demands, not one less”, and that voting down the budget was a lawful and reasonable means. Yu also described each legislator as an independent individual who could not be forced to join others in voting down the budget.
Translations are supplied by the source workbook. Consult the original reporting for context.
