6 Jan 2023法庭線#5914
28-year-old man accused of inciting attacks on police and vandalising community testing centre granted bail, to return on 10 February
28 歲男子涉於去年 2 月,煽惑他人襲擊警察及破壞社區檢測中心,被控 3 項煽惑罪,案件周五(6 日)在觀塘裁判法院首度提堂,押後至 2 月 10 日再訊,被告准以 1 萬元現金保釋。
A 28-year-old man was accused of inciting others in February last year to assault police officers and vandalise a community testing centre. He was charged with three counts of incitement. The case was first brought before Kwun Tong Magistrates’ Courts on Friday (6th) and was adjourned to 10 February. The defendant was granted HK$10,000 cash bail.
5 Jan 2023法庭線#5908
Courier admits posting more than 100 seditious posts on social media and jailed for eight months; judge says methods had extremely strong penetration and dissemination power
一名 42 歲速遞員,被指於 2021 年 1 月起多次在不同社交平台,包括 Facebook、Instagram 及 Twitter 發布煽動言論,包括宣揚香港及中國地方獨立、鼓勵他人仿效「7.1 刺警案」男子等。他早前承認「作出一項或多項煽動意圖的作為」罪,周四(5 日)在西九龍裁判法院被判囚 8 月。
A 42-year-old courier was accused of repeatedly posting seditious statements on various social media platforms, including Facebook, Instagram and Twitter, from January 2021. The statements included advocating the independence of Hong Kong and parts of China, and encouraging others to imitate the man in the “7.1 police-stabbing case”. He earlier pleaded guilty to the offence of “doing one or more acts with a seditious intention” and was sentenced to eight months’ imprisonment at West Kowloon Magistrates’ Courts on Thursday (5th).
5 Jan 2023獨媒#5909
National Security Department arrests 24-year-old man over posts allegedly promoting Hong Kong independence
警務處國安處今(5日)早拘捕一名24歲男子,涉嫌違反香港法例第200章《刑事罪行條例》第九和十條「作出具煽動意圖的作為」罪。警方指,被捕男子涉嫌在2022年11月至12月期間,在社交平台持續發布具煽動意圖的訊息,包括宣揚港獨主義、煽動他人推翻中央政府及香港政府、引起他人憎恨司法機構、法官及執法人員,以及呼籲抵制防疫政策等。男子現正被扣留調查。
The Police Force’s National Security Department arrested a 24-year-old man this morning (the 5th) on suspicion of violating sections 9 and 10 of Chapter 200, the Crimes Ordinance, concerning the offence of “doing acts with seditious intention”. Police said the man allegedly continuously posted messages with seditious intent on social media between November and December 2022, including promoting Hong Kong independence, inciting others to overthrow the Central Government and the Hong Kong Government, provoking hatred against the judiciary, judges and law enforcement officers, and calling for a boycott of anti-epidemic policies. The man is being detained for investigation.
4 Jan 2023法庭線#5903
Stand News Sedition Case|Prosecution Seeks to Submit CUHK Clashes Judgment to Prove Articles Had Seditious Intent; Defence Calls Approach Unsound
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。案件周三(4 日)於區域法院踏入第 13 日審訊。
控方欲傳召警員就涉案文章的受訪者背景、中大衝突情況作供,以證明涉案文章與事實不符,而兩被告知悉涉案文章有煽動意圖。辯方質疑警員使用警方內部系統資料、案件判詞作為司法認知,並以其為供詞,做法不穩妥,「開咗一個唔係咁好嘅先例」,認為控方應引用公開報道。
Former Stand News editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Siu-tung were arrested in December 2021 and, together with the company behind Stand News, charged with conspiracy to publish seditious publications. The two men were remanded in custody for nearly a year before being granted bail at different times. The case entered its 13th day of trial at the District Court on Wednesday (the 4th).
The prosecution sought to call police officers to testify about the backgrounds of interviewees cited in the articles in question and the circumstances of the clashes at The Chinese University of Hong Kong, in order to prove that the articles were inconsistent with the facts and that the two defendants knew they had seditious intent. The defence questioned the use of information from the police’s internal systems and case judgments as judicial notice, and their treatment as testimony, saying the approach was unsound and had “opened a not very good precedent”. It said the prosecution should instead cite publicly available reports.
3 Jan 2023法庭線#5896
Yuen Man-on charged with sedition and fraud; bail rejected again after more than 10 months in custody
歌手阮民安被指 2021 至 2022 年,於社交媒體咒罵法官、偕親友訛稱用販賣曲奇所得收益,資助一暴動案女被告。他被控「作出具一項或多項煽動意圖的作為」及詐騙兩罪,周二(3 日)在區域法院再訊。
辯方表示,被告就煽動罪已有初步答辯意向,但希望就詐騙罪與控方商討有結果後,再一併表達意向,另希望再度申請保釋。法官王詩麗聽畢雙方陳詞後,拒絕被告保釋申請,但應辯方要求把案件押至 2 月 2 日再訊,期間被告須繼續還押。法官又強烈,希望下次屬最後一次提訊,指早前已多次應辯方要求押後。
Singer Yuen Man-on was accused of swearing at judges on social media between 2021 and 2022 and, together with relatives and friends, falsely claiming that proceeds from selling cookies were used to fund a female defendant in a riot case. He faces one count of doing an act or acts with seditious intention and two counts of fraud. The case came before the District Court again on Tuesday (the 3rd). The defence said the defendant had a preliminary intention to enter a plea to the sedition charge, but wished to discuss the fraud charges with the prosecution and then indicate his intentions together. The defence also sought to apply for bail again. After hearing submissions from both sides, Judge Wong Sze-lai rejected the bail application. At the defence's request, she adjourned the case to February 2 for another mention, during which the defendant will remain in custody. The judge also strongly indicated that the next hearing should be the final one, saying the case had already been adjourned several times at the defence's request.
2 Jan 2023獨媒#5894
Mainland Woman Arrested on Suspicion of Sedition After Displaying Image Outside Sogo
昨日元旦日,一名內地女子晚上在銅鑼灣崇光百貨外展示懷疑有煽動字眼的圖片,並在地上擺放白色蠟燭及花束。在警員多次勸喻及警告不果後,最終以涉嫌干犯煽動意圖罪被捕。
On New Year's Day yesterday, a Mainland woman displayed an image suspected of containing seditious wording outside Sogo Department Store in Causeway Bay in the evening, and placed white candles and a bouquet of flowers on the ground. She was arrested on suspicion of committing an offence with a seditious intention after police officers repeatedly advised and warned her to no avail.
22 Dec 2022法庭線#5867
Stand News sedition case | Prosecution submits reporter Yeung Tin-shuai’s Facebook posts; defence objects, judge rules they may assist the trial and admits them
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐,以及《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。案件周四(22 日)於區域法院踏入第九日審訊,法官郭偉健拒絕辯方的永久終止聆訊申請,被告須繼續受審。控方新呈《立場》英國分社主任楊天帥的個人 Facebook 截圖,指可以顯示《立場》運作。
Former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tung and the company operating Stand News have been charged with conspiracy to publish seditious publications. The two men were remanded for nearly a year before being granted bail. The case entered its ninth day of trial at the District Court on Thursday (22nd). Judge Kwok Wai-kin rejected the defence’s application for a permanent stay of proceedings, meaning the defendants must continue to stand trial. The prosecution newly submitted screenshots of personal Facebook posts by Yeung Tin-shuai, head of Stand News’ UK bureau, saying they could show how Stand News operated.
22 Dec 2022法庭線#5869
Stand News sedition case | Judge rejects defence application for permanent stay; defendants to continue trial
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐,以及《立場》所屬公司被控「串謀發布煽動刊物罪」,兩人還押近一年,分別於上周二(13 日)及 11 月獲准保釋。案件周四(22 日)於區域法院踏入第九日審訊。法官郭偉健指,辯方未能證明兩名被告因控方不披露或延遲披露「不使用材料」,導致不公平審訊,亦未能證明控方濫用法庭程序,終拒絕辯方的永久終止聆訊申請,被告須繼續受審。
Former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tung and the company behind Stand News were charged with conspiracy to publish seditious publications. The two men were remanded for nearly a year and were granted bail last Tuesday (13th) and in November respectively. The case entered its ninth day of trial at the District Court on Thursday (22nd). Judge Kwok Wai-kin said the defence had failed to prove that the two defendants were denied a fair trial because of the prosecution’s non-disclosure or delayed disclosure of “unused material”, and had also failed to prove that the prosecution had abused the process of the court. He therefore rejected the defence application for a permanent stay of proceedings, and the defendants must continue to face trial.
21 Dec 2022法庭線#5864
Jimmy Lai’s UK KC appointment|Final Court rejects DOJ’s appeal application; HK$855,000 in costs payable to Lai in two cases
還押兩年的《壹傳媒》創辦人黎智英、與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件原訂 12 月 1 日開審。律政司不服黎智英獲准聘請英國御用大狀 Tim Owen,向上訴庭提上訴被駁回後,再申請上訴至終審法院同樣遭拒,須支付訟費。
Jimmy Lai, the founder of Next Digital who has been remanded for two years, and three companies linked to Apple Daily have been charged with offences including conspiracy to collude with a foreign power. The trial was originally scheduled to begin on 1 December. The Department of Justice, opposing Lai’s appointment of British King’s Counsel Tim Owen, appealed to the Court of Appeal after he was granted permission to engage him, but the appeal was dismissed. Its subsequent application to appeal to the Court of Final Appeal was also rejected, and it must pay the costs.
16 Dec 2022法庭線#5838
Man jailed eight months after admitting to posting seditious statements and photos on LIHKG
30 歲男子被指在「連登討論區」發布煽動陳述、相片及圖片,被控「作出一項或多項具煽動意圖的作為」罪,周五(16 日)在西九龍裁判法院認罪。總裁判官蘇惠德指,被告的言論並非就法庭裁決或社會現況表達不滿,而是鼓吹和美化暴力,衝擊司法系統,須判處阻嚇性刑罰,以防違法和極端主張付緒行動,最終判處被告監禁 8 個月。
A 30-year-old man charged with the offence of “doing one or more acts with a seditious intention” for posting seditious statements, photos and images on the LIHKG discussion forum pleaded guilty at West Kowloon Magistrates’ Courts on Friday (the 16th). Chief Magistrate So Wai-tak said the defendant’s remarks were not expressions of dissatisfaction with court rulings or the state of society, but advocated and glorified violence and undermined the judicial system. He said a deterrent sentence was necessary to prevent illegal and extreme views from being put into action, and sentenced the defendant to eight months’ imprisonment.
Translations are supplied by the source workbook. Consult the original reporting for context.