26 Jan 2023法庭線#5975
Stand News Sedition Case | Prosecution Questions Why It Did Not Report Interview with Person Claiming to Have Assaulted Police; Chung Pui-kuen: Protecting Interviewee and Fulfilling Duty Through Reporting
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周四（26 日）於區域法院踏入第 24 日審訊，鍾沛權繼續接受控方盤問。
控方引述《立場》於 2019 年 11 月中的專題報道，當中有自稱前線小隊揚言計劃伏擊落單警員，質疑《立場》為何不報警。鍾沛權指，曾討論是否需要報警，但為了保護消息來源沒這樣做，直言處理這事件是他作為新聞工作者「其中一個最難嘅決定」。
他形容「呢件事係有道德嘅兩難」，知道該被訪者的提倡，或引致他人受傷，不可以「收到預告當睇唔到」，最後決定透過報道履行責任，讓公眾充分了解該前線小隊的想法，作出討論和思考如何應對。他認為，政府或大眾都不能做「鴕鳥」，忽視社會上有人走向激進，提出接近恐怖主義的手法，作為媒體應「攞出來面對，攞出來傾」。
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tung and the company that operated Stand News, who are charged with conspiracy to publish seditious publications, entered its 24th day at the District Court on Thursday (26th), with Chung continuing to be cross-examined by the prosecution.
The prosecution cited a Stand News feature published in mid-November 2019, which included a person claiming to be from a frontline squad saying that it planned to ambush lone police officers, and questioned why Stand News had not reported the matter to the police. Chung said they had discussed whether it was necessary to report it, but did not do so in order to protect the source. He described handling the matter as “one of the most difficult decisions” he had made as a journalist.
He described it as “a moral dilemma”, saying he knew the interviewee’s advocacy could result in others being injured and that they could not “pretend not to see it after receiving the warning”. He ultimately decided to fulfil his responsibility through reporting, allowing the public to fully understand the frontline squad’s thinking, discuss it and consider how to respond. He said neither the government nor the public could “be an ostrich” and ignore the fact that some people in society were becoming radicalised and proposing methods close to terrorism; as a media organisation, it should “bring it out to face it and bring it out for discussion”.
26 Jan 2023法庭線#5976
Stand News sedition case | Prosecution questions use of “Wuhan pneumonia”, says artwork of Xi Jinping and virus reflects prejudice
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周四（26 日）於區域法院踏入第 24 日審訊。
控方圍繞在新聞報道中使用「武漢肺炎」字眼盤問鍾沛權，期間辯方打斷，質疑與 17 篇涉案文章無關。控方回應，可從《立場》文章「找出鍾沛權的立場，從而推測其意圖」。辯方再質疑即使報道有錯，「都睇唔到鍾沛權意圖，（報道）點樣幫到控方？」
法官郭偉健指，控方指《立場》是政治平台、煽動他人，故法庭應考慮鍾及《立場》的政治取向，又指據司法認知，「世衞講咗唔好污名化病毒，唔應該再用武漢肺炎、中國肺炎」，而《立場》仍然使用，認為控方問題與本案有關，批准繼續盤問。
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company that operated Stand News, who are charged with conspiracy to publish seditious publications, entered its 24th day at the District Court on Thursday (26th).
The prosecution questioned Chung about the use of the term “Wuhan pneumonia” in news reports. The defence interrupted, questioning its relevance to the 17 articles in the case. The prosecution responded that Stand News articles could be used to “identify Chung Pui-kuen’s stance and thereby infer his intention”. The defence further questioned how, even if the reports were inaccurate, this showed Chung’s intention or how the reports “could help the prosecution”.
Judge Guo Wai-kin said that as the prosecution alleged Stand News was a political platform that incited others, the court should consider Chung’s and Stand News’s political orientation. He also said that, as a matter of judicial notice, “the WHO said not to stigmatise the virus and that ‘Wuhan pneumonia’ and ‘China pneumonia’ should no longer be used”, yet Stand News continued to use the terms. He ruled that the prosecution’s questions were relevant to the case and allowed the questioning to continue.
21 Jan 2023法庭線#5972
12 Hong Kong residents｜Tang Kai-yin still serving sentence on mainland; Li Yuet-sen and six others plead guilty after returning to Hong Kong; CHEUNG Chun-fu and three others await trial or plea
2020 年 8 月，12 名港人涉嫌潛逃到台灣，途中被廣東海警截獲拘留，當中 10 人在內地被控組織他人偷越邊境罪等罪，被判囚 7 個月至 3 年。事發至今近兩年半，李宇軒等 11 人已先後被移交香港；而被判囚 3 年的鄧棨然則仍在內地服刑，在廣州從化監獄度過今個農曆新年，預料他約於今年 8 月刑滿。
12 人在香港分別面對國安、縱火、暴動，以及襲警等罪（見內文表），當中李宇軒、張俊富、張銘裕及嚴文謙面對的控罪最嚴重，罪成最高可判囚終身。已移交香港的 11 人之中，李宇軒等 7 人已認罪；李正還押候判，其餘 6 人已判刑。
至於餘下 4 人，張俊富、張銘裕及嚴文謙 3 人的案件已交付至高等法院，待排期審理。喬映瑜面對製造及管有爆炸品等控罪，案件尚未答辯。此外，除李宇軒及未回港的鄧棨然外，其餘 10 人因潛逃事件，被控妨礙司法公正罪，當中 8 人認罪。
In August 2020, 12 Hong Kong residents allegedly fled to Taiwan but were intercepted and detained by the Guangdong maritime police while en route. Ten of them were charged on the mainland with offences including organising others to illegally cross the border, and were sentenced to between seven months and three years’ imprisonment. Nearly two and a half years after the incident, Li Yuet-sen and 10 others have been transferred to Hong Kong, while Tang Kai-yin, who was sentenced to three years’ imprisonment, remains in custody on the mainland. He spent this Lunar New Year at Conghua Prison in Guangzhou and is expected to complete his sentence around August this year.
The 12 face various charges in Hong Kong, including national security, arson, rioting and assaulting police offences (see table in the article). Li Yuet-sen, CHEUNG Chun-fu, Cheung Ming-yu and Yim Man-Him face the most serious charges, for which a conviction carries a maximum sentence of life imprisonment. Of the 11 who have been transferred to Hong Kong, Li Yuet-sen and six others have pleaded guilty; Zheng (1957) Li has been remanded pending sentencing, while the other six have been sentenced.
As for the remaining four, the cases against CHEUNG Chun-fu, Cheung Ming-yu and Yim Man-Him have been committed to the High Court and are awaiting trial dates. QUINN Moon, who faces charges including making and possessing explosives, has not yet entered a plea. In addition, apart from Li Yuet-sen and Tang Kai-yin, who has not returned to Hong Kong, the other 10 face charges of perverting the course of justice over the flight incident, with eight having pleaded guilty.
19 Jan 2023法庭線#5967
Police search ‘Hidden Market’ over alleged seditious publications; three charged with conspiracy to commit seditious acts, including Keung Ka Wai; bail denied
警方國安處周二（17 日）晚上，搜查旺角銀城商場「隱世市集」，檢走大批貨物，包括「一連串暴動事件的煽動書籍」，並拘捕 6 人。網媒「Free HK Media」創辦人「姜牧師」姜嘉偉等 3 名攤檔負責人，被落案起訴一項「串謀作出一項或多項具煽動意圖的作為罪」，周四（19 日）在西九龍裁判法院首次提堂。
當中首被告李龍現正留醫缺席聆訊，《國安法》指定法官、主任裁判官羅德泉拒絕姜嘉偉及另一女被告的保釋申請，二人還押至 3 月 17 日再訊，而留醫被告則押後至下周四（26 日）再訊，期間交由警方看管。
The Police National Security Department searched the “Hidden Market” at Silver City Shopping Centre in Mong Kok on Tuesday evening (the 17th), seizing a large quantity of goods, including “seditious books about a series of riot incidents”, and arresting six people. The founder of online media outlet “Free HK Media”, “Keung Ka Wai”, Keung Ka Wai and one other stall operator were charged with one count of conspiracy to commit one or more acts with a seditious intention. They appeared at West Kowloon Magistrates’ Courts for the first time on Thursday (the 19th).
19 Jan 2023法庭線#5968
In 2021 June 4 incitement to unlawful assembly case, Chow Hang-tung wins appeal; Department of Justice seeks final appeal as High Court grants certificate
2021 年六四維園悼念集會，警方以防疫為由反對進行。時任支聯會副主席鄒幸彤被指在社交媒體及報章發文呼籲市民參與集會，經審訊後被裁定煽惑集結罪成，判囚 15 個月。鄒不服定罪及刑期上訴，高院法官張慧玲 2022 年底裁定鄒上訴得直，撤銷定罪及判刑。
律政司一方不服裁決，周四（19 日）向高院申請終院上訴許可之證明書。法官張慧玲同意律政司一方指，本案有「重大及廣泛重要的法律論點」，故批出證明書。
At the 2021 June 4 memorial assembly in Victoria Park, police opposed the event on public health grounds. Chow Hang-tung, then vice-chairwoman of the Alliance in Support of Patriotic Democratic Movements of China, was accused of urging members of the public on social media and in newspaper articles to attend the assembly. She was convicted of incitement to unlawful assembly after trial and sentenced to 15 months’ imprisonment. Chow appealed against her conviction and sentence. At the end of 2022, High Court judge Esther T. L. Cheung allowed the appeal and quashed the conviction and sentence.
The Department of Justice, dissatisfied with the ruling, applied to the High Court on Thursday (19th) for a certificate for leave to appeal to the Court of Final Appeal. Judge Esther T. L. Cheung agreed with the Department of Justice that the case involved a “point of law of great and general importance” and granted the certificate.
17 Jan 2023法庭線#5962
47-defendant case | Mike Lam King-nam changes plea to guilty; trial for 16 pleading not guilty set for Feb 6
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」案，由 2021 年 3 月首提堂起計至今近兩年，原有 17 人不認罪，林景楠周二（17 日）在西九龍裁判法院（暫代高等法院）處理審前覆核時，經法律代表指他會改為認罪，並可能錄取證人供詞。不認罪被告減至 16 人，案件押後至 2 月 6 日開審。
控方庭上透露，本案有 3 名被告將以控方證人身分作供，未有透露姓名。
The case against 47 pro-democracy figures accused of organising and participating in a primary election and charged with “conspiracy to subvert state power” has lasted nearly two years since their first appearance in March 2021. At a pre-trial review at the West Kowloon Magistrates’ Courts, acting for the High Court, on Tuesday (the 17th), Mike Lam King-nam’s legal representatives said that he would change his plea to guilty and might record a witness statement. The number of defendants pleading not guilty fell to 16, and the case was adjourned for trial to begin on February 6.
The prosecution told the court that three defendants in the case would testify as prosecution witnesses, but did not disclose their names.
16 Jan 2023獨媒#5954
No Need to Consult Chief Justice Before National Security Cases Are Transferred to Mainland, Andrew Cheung Says; Existing Cases Can Be Tried in Hong Kong
人大常委會就黎智英案聘請海外律師一事釋法，有聲音認為香港司法獨立受損。終院首席法官張舉能在法律年度開啟禮後見記者，重覆提及司法機關在憲制內的職能是「審案」，暫時未聽到有人稱聘請不到海外律師會引致不公平審訊。有傳媒問張舉能，《國安法》有移交內地審訊條文，現有國安案件若被移交內地，他會否被知會。張舉能表示條文沒有提及移交前要諮詢他，但以他所知所聞，暫時未有案件需要移交內地。
The Standing Committee of the National People's Congress issued an interpretation concerning Jimmy Lai's hiring of overseas lawyers, prompting concerns that Hong Kong's judicial independence had been undermined. Speaking to reporters after the Opening of the Legal Year ceremony, Chief Justice Andrew Cheung repeatedly said that the judiciary's constitutional function was to “hear cases”. He said he had not yet heard anyone say that being unable to hire overseas lawyers would result in an unfair trial. Asked by the media whether he would be informed if existing national security cases were transferred to the mainland for trial under provisions of the National Security Law, Cheung said the provisions did not mention consulting him before a transfer. However, he said that, as far as he knew and had heard, no case currently required transfer to the mainland.
11 Jan 2023法庭線#5932
47-person case | Judge rules 30 who pleaded guilty to be sentenced after trial of defendants who pleaded not guilty
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」案，由檢控起計至今逾 1 年半，共 30 人認罪，當中 16 人周三（11 日）在西九龍裁判法院（暫代高等法院）處理案件管理聆訊，爭議認罪被告應否在同案不認罪被告開審前先行判刑。3 名《國安法》指定法官退庭商議約 1 小時後，決定安排認罪被告在審後判刑。
The 47 members of the pro-democracy camp involved in organising and participating in a primary election were charged with “conspiracy to subvert state power”. More than a year and a half after the prosecution began, 30 have pleaded guilty. Sixteen of them attended a case management hearing at the West Kowloon Magistrates’ Courts (acting as the High Court) on Wednesday (11th), where they disputed whether defendants who had pleaded guilty should be sentenced before the trial of the defendants who had pleaded not guilty. After three judges designated under the National Security Law adjourned for about an hour to deliberate, they decided to schedule sentencing for the defendants who pleaded guilty after the trial.
9 Jan 2023法庭線#5924
Stand News alleged sedition case | Chung Pui-kuen says in video interview he approved 15 articles; judge finds prima facie case established, hearing resumes Tuesday
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐於 2021 年 12 月被捕，連同《立場》所屬公司被控「串謀發布煽動刊物罪」，兩人還押近一年，先後獲准保釋。案件周一（9 日）於區域法院踏入第 16 日審訊。
控方播放鍾沛權的錄影會面，他警誡下承認知道涉案 15 篇文章的內容，並由他負責審批，及擁有最終決策權。至於在鍾沛權辭任後，《立場》刊出中大衝突專訪及鄒幸彤獲頒「中國傑出民主人士獎」報道，被問及兩篇文章由誰審批，鍾表示「冇嘢講」，但知道兩者的內容及所表達的意思。
法官郭偉健裁定案件表證成立，辯方表示需與被告商討，押至周二（10 日）續審。
Former Stand News editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Siu-tong were arrested in December 2021 and, together with the company operating Stand News, charged with conspiracy to publish seditious publications. The two men were remanded for nearly a year before being granted bail at different times. The case entered its 16th day of trial at the District Court on Monday (9th).
The prosecution played a video-recorded interview with Chung Pui-kuen, in which he acknowledged under caution that he knew the contents of the 15 articles involved in the case, was responsible for approving them and had final decision-making authority. Asked who approved an interview about the Chinese University of Hong Kong clash and a report on Chow Hang-tung receiving the “China Outstanding Democracy Activist Award”, both published by Stand News after Chung Pui-kuen’s resignation, Chung said he had “nothing to say”, but knew the contents of both articles and what they expressed.
Judge Kwok Wai-kin ruled that the prosecution had established a prima facie case. The defence said it needed to discuss the matter with the defendants, and the hearing was adjourned to Tuesday (10th).
6 Jan 2023同文#5912
Former CUHK student union member arrested by national security police and charged with acts carrying a seditious intention after reposting Sheep Village picture-book download link
羊村繪本自去年「羊村 2.0 」經由網站、社交媒體，再次開放給公眾下載相關繪本，亦因此引來不同的網路攻擊、威脅。繼有不知名人士假冒「羊村 2.0 」官方網站，及企圖迫使相關繪本連結下架後，昨 1 月 5 日，中大前學生會成員王浩鏘因為社交平台轉載羊村繪本下載網址，遭國安處拘捕。今 6 日，帶往西九龍裁判法院，被控「作出一項或多項具煽動意圖的作為罪」，《國安法》指定法官下令還押至 2 月 16 日再審。
Since last year, Sheep Village 2.0 has again made the relevant picture books available for public download through its website and social media, prompting various cyberattacks and threats. After unidentified individuals impersonated the official Sheep Village 2.0 website and attempted to force the removal of links to the picture books, former Chinese University of Hong Kong student union member Wong Ho-cheung was arrested by the National Security Department on January 5 for reposting a download link on a social media platform. On January 6, he was brought before the West Kowloon Magistrates’ Courts and charged with “doing one or more acts with a seditious intention”. A judge designated under the National Security Law ordered him remanded in custody until February 16 for further proceedings.
Translations are supplied by the source workbook. Consult the original reporting for context.
