16 Dec 2022法庭線#5839
‘Returning Valiant’ conspiracy-to-commit-terrorism case: Bail denied to 15-year-old boy in High Court; six defendants to enter pleas in March next year
一名被起訴時 15 歲的男生周五(16 日)於高等法院申請保釋,《國安法》指定法官李運騰聽畢陳詞後駁回其申請,男生繼續還押。司法機構網頁顯示,男生與本案另外 5 名被告,將於 2023 年 3 月 28 日正式答辯及判刑。
A boy who was 15 when charged applied for bail in the High Court on Friday (16th). After hearing submissions, National Security Law designated judge Lee Wan-tang dismissed the application, and the boy remains in custody. The Judiciary’s website shows that the boy and the other five defendants in the case will formally enter pleas and be sentenced on 28 March 2023.
14 Dec 2022法庭線#5829
18-year-old man sentenced to training centre for incitement and insulting national anthem and flag; judge says he trampled on national dignity and sowed hatred
一名 18 歲男子被指在「連登」、YouTube 及 Discord 平台,發表「港獨」、「光時」口號,亦篡改國歌歌詞、製作並發布以粗口字眼取代國旗黃星的影片,早前承認煽動、侮辱國歌國旗等 4 罪,周三(14 日)在西九龍裁判法院被判入教導所。
An 18-year-old man was accused of posting “Hong Kong independence” and “Liberate Hong Kong, revolution of our times” slogans on LIHKG, YouTube and Discord. He also altered the national anthem’s lyrics and produced and published a video replacing the yellow stars on the national flag with vulgar words. After earlier pleading guilty to four offences, including incitement and insulting the national anthem and flag, he was sentenced to a training centre at West Kowloon Magistrates’ Courts on Wednesday (14th).
13 Dec 2022法庭線#5822
Stand News sedition case | Police say selecting 587 articles they “subjectively considered” illegal was preliminary work and did not require the Department of Justice’s opinion
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」,上月經歷 5 日審訊後,辯方質疑警方沒提供所有搜證材料,控方呈 6 個文件夾、逾 1,500 頁文件,辯方決定申請永久終止聆訊,林紹桐亦獲准保釋。案件周二(13 日)於區域法院踏入第六日審訊,辯方早上先為還押近一年的鍾沛權申請保釋,獲法官郭偉健批准
Former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tung and the company operating Stand News were charged with “conspiracy to publish seditious publications”. After five days of trial last month, the defence questioned why the police had not provided all the investigation materials. The prosecution submitted six folders containing more than 1,500 pages of documents, and the defence decided to apply for a permanent stay of proceedings. Lam was also granted bail. The case entered its sixth day of trial at the District Court on Tuesday (the 13th). In the morning, the defence first applied for bail for Chung, who had been remanded for nearly a year; the application was approved by Judge Kwok Wai-kin.
13 Dec 2022法庭線#5823
National Security Case Against Jimmy Lai | High Court Defers Trial to September 2023; Defence Says Tim Owen Needs to Handle Another Case
法官杜麗冰最終宣布將案押後至 2023 年 9 月 25 日至 11 月 21 日開審,預計審 40 日,並於 5 月 30 日進行案件管理。辯方的終止聆訊申請則於 5 月 2 日及 3 日處理。今年 12 月的審期擱置。黎智英繼續還押,他於 2020 年 12 月被捕,至今已還押 2 年。
Judge Esther Toh ultimately announced that the trial would be deferred to 25 September to 21 November 2023, and is expected to last 40 days. Case management will take place on 30 May. The defence’s application to terminate the proceedings will be dealt with on 2 and 3 May. The trial dates in December this year have been put on hold. Jimmy Lai will remain remanded in custody. He was arrested in December 2020 and has been remanded for two years to date.
13 Dec 2022法庭線#5826
Stand News sedition case | Former editor-in-chief Chung Pui-kuen granted bail after nearly a year in remand
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」,上月經歷 5 日審訊後,辯方質疑警方沒提供所有搜證材料,表示會申永久終止聆訊,林紹桐亦獲准保釋。
Former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company behind Stand News were charged with “conspiracy to publish seditious publications”. After a five-day trial last month, the defence questioned why the police had not provided all the evidence-gathering materials and said it would apply for a permanent stay of proceedings. Lam Siu-tong was also granted bail.
12 Dec 2022獨媒#5816
National Security Department arrests 49-year-old man over posts on incorrectly played national anthem and doxxing linked to Sai Wan Ho police shooting
警務處國安處今日(12日)拘捕一名49歲男子,他涉嫌在社交平台發布欖球賽播錯國歌帖文,及針對2019年西灣河警員開槍案作「起底」,被指違反香港法例第200章《刑事罪行條例》第九和十條「作出具煽動意圖的作為」罪及第486章《個人資料(私隱)條例》第64條「未獲資料當事人同意下披露其個人資料並導致該當事人或其家人蒙受指明傷害」罪。
The Police’s National Security Department today (12th) arrested a 49-year-old man suspected of posting on social media about the incorrect playing of the national anthem at a rugby match, and of doxxing in relation to the 2019 case involving the shooting of a police officer in Sai Wan Ho. He was alleged to have breached sections 9 and 10 of Chapter 200 of the Laws of Hong Kong, the Crimes Ordinance, concerning the offence of doing acts with seditious intention, and section 64 of Chapter 486, the Personal Data (Privacy) Ordinance, concerning disclosure of a data subject’s personal data without consent that causes specified harm to the data subject or the data subject’s family.
6 Dec 2022法庭線#5800
Four HKU students charged with advocating terrorism over motion thanking Leung Kin-fai plan to plead not guilty; trial set for September 2023
4 名港大生被指於 2021 年學生會評議會上,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,案件周二(6 日)在區域法院再訊。
辯方表示 4 人擬不認罪,將爭議被告的行為是否構成違法及其犯罪意圖。區域法院法官王詩麗排期案件於 2023 年 9 月 11 日開審,預計審期 8 日,將由《國安法》指定法官審理,被告期間續准以原有條件保釋。
Four University of Hong Kong students were accused of moving and supporting a motion at the student union council in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged with one count of “advocating terrorism” under the National Security Law. The case was heard again at the District Court on Tuesday (the 6th).
6 Dec 2022法庭線#5801
Hong Kong Alliance subversion-incitement case | Lee Cheuk-yan denied bail by High Court after letters from Cheung Bing-leung and Abraham Razack attest to his being “peaceful, rational and non-violent”
支聯會、前正、副主席李卓人、何俊仁及鄒幸彤被指「煽動顛覆國家政權」案,還押逾一年的李卓人周二(6 日)向高等法院申請保釋。辯方呈上多封政界人物的信件,如前運輸及房屋局局長張炳良、建制派前立法會議員石禮謙等,指李卓人是勞工界代表人物,力證他是「和理非」、為人信守承諾,定必遵守保釋條件。
法官陳慶偉聽畢控辯雙方陳詞,認為支聯會運作已久,《國安法》生效後,李卓人仍以支聯會名義行事,而支聯會五大綱領中「結束一黨專政」口號是否具顛覆性有待詮釋,認為針對李卓人的指控相當強,一旦罪成會判處不短刑期,最終拒絕李的申請,他須繼續還押。
In the case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, its former chair and vice-chair Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung are accused of “inciting subversion of state power”, Lee, who has been remanded for more than a year, applied for bail at the High Court on Tuesday (the 6th). The defence submitted letters from several political figures, including former Secretary for Transport and Housing Cheung Bing-leung and Abraham Razack, a former pro-establishment Legislative Council member, to demonstrate that Lee is a representative figure of the labour sector, is “peaceful, rational and non-violent”, and keeps his word and would certainly comply with the bail conditions.
After hearing submissions from both the prosecution and defence, Judge Andrew Hing Wai Chan considered that the Alliance had operated for a long time and that, after the National Security Law took effect, Lee continued to act in the name of the Alliance. The judge also considered that whether the slogan “end one-party dictatorship” in the Alliance’s five-point programme was subversive remained a matter for interpretation, and that the case against Lee was quite strong. If convicted, he would receive a substantial prison sentence. Lee’s application was ultimately refused and he must remain in custody.
6 Dec 2022法庭線#5804
Martial arts instructor and female assistant accused of advocating “Hong Kong independence” plan to plead guilty to inciting subversion and unlicensed firearm possession next February
尖沙嘴一間武館男教練,被指在 Facebook 發布海報,倡建「港獨武裝力量」,另與女助手管有開山刀等,分別被控《國安法》下的「煽動他人顛覆國家政權」罪,以及「無牌管有槍械」等罪,周二(6 日)在區域法院提訊。辯方表示,兩名被告擬認罪,「有意圖而管有攻擊性武器罪」則存檔法庭。
A male instructor at a martial arts studio in Tsim Sha Tsui was accused of posting a poster on Facebook advocating the establishment of a “Hong Kong independence armed force”. He and a female assistant were also accused of possessing machetes and other items. They were charged separately under the National Security Law with inciting others to subvert state power and with offences including possessing firearms without a licence. The two defendants appeared at the District Court on Tuesday (6th). The defence said they intended to plead guilty, while the charge of possessing an offensive weapon with intent was ordered to lie on the court file.
4 Dec 2022獨媒#5795
Hong Kong Alliance subversion case: Department of Justice writes seeking no jury
已解散的支聯會,以及前主席李卓人、前副主席何俊仁和鄒幸彤遭控「煽動顛覆國家政權」罪。鄒幸彤傍晚在社交平台發文,指到律政司日前發出的信件,基於案件具「涉外因素」及保障陪審員人身安全等理由,要求案件不設陪審團,意味著案件改由3名法官組成審判庭審理。她直言對此要求「不意外」。
The disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, along with former chairperson Lee Cheuk-yan, former vice-chairperson Albert Ho Chun-yan and Chow Hang-tung, have been charged with “incitement to subversion of state power”. Chow wrote on social media in the evening that, according to a letter issued by the Department of Justice recently, it had requested that the case be heard without a jury, citing factors involving foreign countries and the need to protect jurors’ personal safety. This would mean that the case would be heard by a panel of three judges. She said she was “not surprised” by the request.
Translations are supplied by the source workbook. Consult the original reporting for context.