21 Nov 2022獨媒#5737
National Security Department arrests man accused of posting messages inciting others to insult national flag and anthem
警務處國安處今早拘捕一名42歲男子，涉嫌干犯「作出具煽動意圖的作為」罪。警方指，被捕男子涉嫌透過不同社交平台，多次發布具煽動意圖帖文，引起他人憎恨政府、煽惑他人使用暴力及煽惑他人侮辱國旗和國歌。男子現正被扣留調查。
The Police Force’s National Security Department arrested a 42-year-old man this morning on suspicion of committing the offence of “doing an act with a seditious intention”. Police said the man allegedly repeatedly posted messages with seditious intent on various social media platforms, causing others to hate the government, inciting others to use violence, and inciting others to insult the national flag and national anthem. He is being detained for investigation.
21 Nov 2022法庭線#5739
National security case: DOJ denied leave to appeal Jimmy Lai’s appointment of British Queen’s Counsel to Court of Final Appeal
至今還押近兩年的《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，案件排期 12 月 1 日開審。律政司不服黎智英獲准聘用英國御用大狀 Tim Owen，上月向上訴庭提上訴被駁回後，再申請上訴至終審法院。上訴庭周一（ 21 日）拒絕向律政司批出上訴許可，兼下令支付全數訟費。
Next Digital founder Jimmy Lai, who has been remanded in custody for nearly two years, and three companies linked to Apple Daily have been charged with “conspiracy to collude with a foreign country or with external elements” and other offences. The case is scheduled to begin on 1 December. After the Department of Justice lost an appeal to the Court of Appeal last month over Lai’s being allowed to engage British Queen’s Counsel Tim Owen, it applied for leave to appeal to the Court of Final Appeal. On Monday (21st), the Court of Appeal refused to grant the Department of Justice leave to appeal and ordered it to pay the full costs.
18 Nov 2022法庭線#5728
‘Jace’ Wan Yiu-sing Released After Serving Sentence, Says He Will Not Emigrate and Can Finally Reunite with Family After Two Years Without Freedom
網台 D100 主持人「傑斯」尹耀昇，被指在節目中發表特首「死全家」等言論，又發起涉支援赴台示威者的「千個爸媽台灣助學」眾籌計劃。他承認 1 項串謀煽動罪，以及 3 項洗黑錢罪，被判囚 32 個月，周五（18 日）早上在壁屋監獄刑滿獲釋，扣除還押日子失自由約兩年。
D100 online radio host ‘Jace’ Wan Yiu-sing was accused of making remarks including saying that the Chief Executive’s “whole family should die” on his programme, and of launching the “A Thousand Parents’ Taiwan Education Fund” crowdfunding campaign to support protesters travelling to Taiwan. He pleaded guilty to one count of conspiracy to incite and three counts of money laundering, and was sentenced to 32 months in prison. He was released after completing his sentence at Pik Uk Prison on Friday morning (the 18th); deducting his time on remand, he had been deprived of his freedom for about two years.
15 Nov 2022法庭線#5714
Former 612 Fund secretary Sze Ching-wee files court action seeking return of legally privileged materials and damages
已停運的「612 人道支援基金」秘書施城威，本月初在機場被警方國安處拘捕，被指涉嫌干犯《港區國安法》第 29 條「串謀勾結外國勢力或者境外勢力危害國家安全」罪，獲准保釋候查。
施城威周一（14 日）入稟高等法院，要求法庭頒令警方歸還受「法律專業保密權（LPP）」保障的資料，及頒下禁制令，禁止警方存取、檢視和使用相關物料。他另要求法庭就如何界定哪些屬警方不可檢取的物料給予指示，並要求警方賠償，入稟狀未有列明金額。
The secretary of the now-defunct 612 Humanitarian Relief Fund, Sze Ching-wee, was arrested at the airport by the police national security department earlier this month and accused of conspiracy to collude with a foreign country or external elements to endanger national security, an offence under Article 29 of the Hong Kong National Security Law. Sze Ching-wee was released on bail pending investigation.
Sze Ching-wee filed an application with the High Court on Monday (14th), seeking an order requiring police to return materials protected by legal professional privilege (LPP), as well as an injunction prohibiting police from accessing, examining or using the materials. Sze Ching-wee also asked the court to give directions on how to determine which materials police are not permitted to seize, and sought damages from police. The filing did not specify the amount.
15 Nov 2022法庭線#5719
23-year-old autistic man jailed for one year after admitting to inciting “Christmas Eve Revolution” on Telegram
現年 23 歲送貨員被指 2021 年 8 月至 12 月期間，在 Telegram 頻道呼籲網民參與「平安夜革命」，又在「連登」形容中央及港府是「匪類」，呼籲網民「報仇」，他早前承認 1 項「煽惑他人參與非法集結」及 3 項煽動罪，周二（15日）在區域法院被判囚 1 年。
The 23-year-old delivery worker was accused of calling on netizens through a Telegram channel to take part in the “Christmas Eve Revolution” between August and December 2021. He also described the central and Hong Kong governments as “bandits” on LIHKG and urged netizens to “take revenge”. He earlier pleaded guilty to one count of inciting others to participate in an unlawful assembly and three sedition offences, and was sentenced to one year in prison at the District Court on Tuesday (15th).
14 Nov 2022法庭線#5711
26-year-old man jailed 4½ years for inciting manufacture of explosives in post saying he would ‘not rule out bombing PLA barracks’
26 歲「高登討論區」男會員，被指 2017 年 11 月發帖稱「不排除轟炸解放軍營」，內容涉及製作炸藥材料及步驟，有人報警舉報。經審訊後，他早前被裁定「煽惑他人製造爆炸品」罪成，周一（14 日）在區域法院被判囚 4 年 6 個月。
A 26-year-old male member of the HKGolden discussion forum was accused of posting in November 2017 that he would “not rule out bombing PLA barracks”. The post included materials and steps for making explosives, and someone reported it to police. He was earlier convicted after trial of inciting others to manufacture explosives and was sentenced to 4 years and 6 months’ imprisonment at the District Court on Monday (14th).
14 Nov 2022法庭線#5712
Jimmy Lai national security case: Defence seeks permanent stay of proceedings, to be dealt with at trial; prosecution reportedly has six tainted or immunity witnesses
還押近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，排期於 2022 年 12 月 1 日在高等法院開審，周一（14 日）進行審前覆核。
黎一方表示，就審訊由 3 名「指定法官」審理及不設陪審團，申請「永久終止聆訊」。法官質疑，辯方早知但現時才提出；辯方致歉，並指需時準備。3 間被控公司的代表大狀則指，不支持申永久終止聆訊，並會承認大部分案情。法官表示 12 月 1 日開審日會處理申請，其後再處理證據及法律爭議。
Next Digital founder Jimmy Lai, who has been remanded for nearly two years, and three companies related to Apple Daily have been charged with “conspiracy to collude with a foreign country or with external elements” and other offences. The case is scheduled to go to trial at the High Court on 1 December 2022, with a pre-trial review held on Monday (14th).
Lai’s defence said it was applying for a permanent stay of proceedings over the trial being conducted by three designated judges without a jury. The judge questioned why the defence had raised the matter only now, when it had known about it earlier. The defence apologised and said it needed time to prepare. Senior counsel representing the three companies said they did not support the application for a permanent stay of proceedings and would admit most of the facts of the case. The judge said the application would be dealt with on the trial date of 1 December, followed by the evidence and legal disputes.
11 Nov 2022法庭線#5702
‘Light City’ members charged with conspiracy to commit terrorism; 18-year-old student denied bail in first High Court application
組織「光城者」被指計劃在香港不同地方放置炸彈，7 名 15 至 24 歲的男女被控《國安法》的「串謀恐怖活動罪」，當中 6 人仍在還押、至今超過一年。其中 18 歲女學生蘇穎貞，周五（11 日）在沒有律師代表下，首度向高等法院申請保釋，被控方代表反對。
《國安法》指定法官李運騰考慮雙方陳詞後，拒絕批出擔保。司法機構網頁顯示，她和同案 5 名被告獲排期在 2023 年 3 月 28 日答辯及判刑。
The organisation ‘Light City’ was accused of planning to place bombs at various locations in Hong Kong. Seven men and women aged 15 to 24 were charged under the National Security Law with conspiracy to commit terrorism. Six of them remain on remand, now for more than a year. Among them, 18-year-old student So Wing-ching made her first bail application to the High Court on Friday (11th) without legal representation. The prosecution opposed the application.
Li Wan-tang, a judge designated under the National Security Law, rejected the bail application after considering submissions from both sides. The Judiciary’s website shows that she and five other defendants in the same case are scheduled to enter pleas and be sentenced on 28 March 2023.
11 Nov 2022法庭線#5703
40-year-old Portuguese man alleged to be Hong Kong Independence Party member charged with conspiracy to incite, bail refused again
一名被指為「香港獨立黨」骨幹成員的 40 歲葡籍音樂教師，11 月初被控一項「串謀作出一項或多項具煽動意圖的作為」罪，指他涉在網上發布煽動陳述和相片。
案件周五（11 日）在西九龍裁判法院進行保釋覆核，被告沒有律師代表，自行陳詞。主任裁判官羅德泉聽取其陳詞後，再次拒絕其保釋。案件將於 2023 年 1 月 26 日再訊，被告繼續還押，並放棄 8 天覆核權利。
A 40-year-old Portuguese music teacher alleged to be a key member of the “Hong Kong Independence Party” was charged in early November with one count of conspiracy to do one or more acts with seditious intent, involving the alleged posting of seditious statements and photographs online.
The case came before the West Kowloon Magistrates’ Courts for a bail review on Friday (the 11th). The defendant, who was unrepresented, made submissions himself. After hearing his submissions, Chief Magistrate Law Tak-chuen again refused bail. The case will return to court on January 26, 2023. The defendant will remain in custody and waived his right to a review after eight days.
9 Nov 2022法庭線#5692
National security case: Court of Appeal dismisses Secretary for Justice’s appeal, allows Jimmy Lai to hire UK King’s Counsel Tim Owen
至今還押 21 個月的《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，排期於 2022 年 12 月 1 日在高等法院開審。黎智英欲聘用英國御用大狀 Tim Owen 來港抗辯，惟律政司司長及大律師公會反對。高院早前批准 Tim Owen 代表黎智英，律政司不服決定上訴。
Next Digital founder Jimmy Lai, who has been remanded for 21 months, and three companies related to Apple Daily have been charged with offences including conspiracy to collude with foreign forces. The case is scheduled to go to trial at the High Court on 1 December 2022. Lai sought to hire UK King’s Counsel Tim Owen to come to Hong Kong to represent him, but the Secretary for Justice and the Hong Kong Bar Association opposed the move. The High Court previously approved Tim Owen’s representation of Lai, and the Secretary for Justice appealed against the decision.
Translations are supplied by the source workbook. Consult the original reporting for context.
