9 Nov 2022法庭線#5695
Six Radiant City members accused of conspiracy to commit terrorism to enter pleas and be sentenced on 28 March next year; one to apply for bail on 11 November
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」及交替控罪「串謀導致相當可能危害生命或財產的爆炸罪」，還押至今超過一年。
The organisation Radiant City was accused of planning to place bombs at various locations in Hong Kong. Seven men and women aged between 15 and 24 were charged under the National Security Law with conspiracy to commit terrorist activities, and the alternative charge of conspiracy to cause an explosion likely to endanger life or property. They have been remanded in custody for more than a year.
8 Nov 2022法庭線#5689
47-person case | 17 intend to plead not guilty, trial could begin as early as late January next year and last 90 days; 4 intend to testify
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」罪，由檢控起計至今逾一年半，2022 年 7 月完成交付高等法院程序，當中 17 人擬不認罪，周二（8 日）在西九龍裁判法院（暫代高等法院）首日進行案件管理聆訊。
The 47 pro-democracy figures were charged with organising and participating in primaries and with conspiracy to subvert state power. More than a year and a half has passed since the prosecution began, and committal proceedings to the High Court were completed in July 2022. Seventeen of them intend to plead not guilty. The first day of the case management hearing was held at West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Tuesday (8th).
7 Nov 2022獨媒#5680
Former 612 Fund secretary Sze Ching-wee arrested at airport last Saturday; national security police allege conspiracy to collude with foreign forces
已停運的「612人道支援基金」，前秘書施城威上周六（5日）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。
Sze Ching-wee, former secretary of the now-defunct 612 Humanitarian Relief Fund, was arrested at the airport last Saturday (5th) by the police National Security Department. The person was suspected of committing the offence under Article 29 of the Hong Kong National Security Law, namely, “conspiracy to collude with a foreign country or external elements to endanger national security”.
7 Nov 2022獨媒#5681
Stand News Case: Lam Siu-tung Granted Bail, Welcomed by Former Colleagues and Embraces Wife in Car
《立場新聞》母公司、前總編輯鍾沛權及前署任總編輯林紹桐被控「串謀發布煽動刊物」罪，還柙至今逾10個月。林紹桐今向區域法院申請保釋獲批，傍晚約6時15分步出區域法院羈留室，登上私家車離開，多名親友和前《立場》員工守候，高喊「好靚仔啊！」、「好好休息」，林上車後並與妻子緊擁10秒。案件將於12月13日處理辯方的永久終止聆訊申請，若申請遭拒，將於12月19日至明年1月27日續審。
Chung Pui-kuen, former editor-in-chief of Stand News, its parent company, and Lam Siu-tung, its former acting editor-in-chief, have been charged with conspiracy to publish seditious publications and have been remanded in custody for more than 10 months. Lam was granted bail today by the District Court. At about 6:15pm, he left the court’s detention facility and departed in a private car, where several friends, relatives and former Stand News staff members had waited for him, shouting, “You look so handsome!” and “Get plenty of rest.” After getting into the car, Lam embraced his wife for 10 seconds. The case will be heard on 13 December for the defence’s application for a permanent stay of proceedings. If the application is rejected, the trial will resume from 19 December to 27 January next year.
7 Nov 2022獨媒#5687
Former Police Officer Accused of Inciting on Facebook; Court Rules Phone Contents Admissible After Password Voluntarily Provided
水警高級督察林婉儀去年9月參與反走私行動時殉職，26歲前警員涉在警方 Facebook 的警徽下留言：「換黑色啦，水記女幫辦應該死咗喇」；並轉載有關林婉儀的新聞稱：「希望有得認🐟啦」及「狗官死一個點夠」等。署理主任裁判官香淑嫻今（7日）就「案中案」裁決，稱控方已在毫無合理的標準下，證明被告自願向上級提供手機解鎖密碼，故裁定手機內容可以呈堂作為證物。案件定於12月5及7日作正式審訊，被告獲准以原有條件繼續保釋。
Senior Water Police Inspector Lam Yuen-yee died last September while taking part in an anti-smuggling operation. A 26-year-old former police officer allegedly commented beneath the police’s Facebook badge, “Change it to black; the female Water Police officer should already be dead,” and reposted news reports about Lam, writing, “Hope we can identify 🐟,” and “One dog official dying is nowhere near enough,” among other remarks. Acting Principal Magistrate Veronica Shuk Han Heung ruled today (7th) on the “trial within a trial” that the prosecution had proved beyond reasonable doubt that the defendant voluntarily provided his mobile phone unlocking password to a superior. The court therefore ruled that the phone contents could be admitted as evidence. The case is scheduled for formal trial on 5 and 7 December, and the defendant was allowed to continue on bail under the original conditions.
4 Nov 2022法庭線#5668
18-Year-Old Man Accused of Posting Seditious Images and Altered National Anthem Lyrics; Defence Challenges Prosecution Time Limits and Extraterritorial Effect of Law
一名 18 歲男子被指在「連登討論區」、YouTube 及 Discord 平台，發布煽動陳述、相片及圖片，分別被控煽動、侮辱國歌國旗等 4 罪，周五（4 日）在西九龍裁判法院提堂。
辯方爭議控罪的時效性，即煽動罪的 6 個月檢控期限，及侮辱國歌國旗罪 2 年的檢控期限。辯方亦就「域外法律效力」提出爭議，指被告於 2019 年至 2020 年 11 月身處海外，涉案 29 條帖文中，只有 3 條沒超出檢控期限，以及在香港境內發布。被告另被控 3 項侮辱國歌國旗罪，辯方同樣指相關帖文在境外發布，並已超出檢控期限。
An 18-year-old man was accused of posting seditious statements, photographs and images on the LIHKG discussion forum, YouTube and Discord. He faces four charges, including sedition and insulting the national anthem and national flag. He appeared at the West Kowloon Magistrates’ Courts on Friday (the 4th).
4 Nov 2022法庭線#5669
Stand News sedition case | Defence questions why police did not provide all evidence-gathering materials
辯方資深大律師余若薇指，根據《刑事檢控守則》，控方須向辯方提供「沒被採用的材料（unused materials）」，但警方沒提供 300 多個沒使用的網址，強調是「好基本嘅嘢」。她質疑「點解挑選呢 17 篇文章」，又指「我哋有持平報道，嗰啲就唔理？」控方解釋，警方於 6 月《蘋果》高層被捕當日接獲情報，《立場》會下架文章，於是下令「有幾多文章，cap 幾多文章」，數量龐大，控方都是周四晚才知。
Senior Counsel Audrey Eu for the defence said that, under the Prosecution Code, the prosecution must provide the defence with “unused materials”, but the police had not provided more than 300 unused URLs, stressing that this was “a very basic thing”. She questioned, “Why were these 17 articles selected?” and said, “We had balanced reports—were those simply ignored?” The prosecution explained that on the day senior Apple Daily executives were arrested in June, the police received intelligence that Stand News would take down articles, and therefore instructed officers to “capture however many articles there were”. The number was enormous, and the prosecution itself only learned of it on Thursday night.
4 Nov 2022獨媒#5671
Gary Fan says he did not know about “Ten Steps to Mutual Destruction”; Hendrick Lui Chi-hang denies being “Plan B”; judge asks whether it would affect sentencing
47人涉組織及參與民主派初選，被控「串謀顛覆國家政權」罪，32人已還柙逾1年8個月。其中30人擬認罪，17人擬不認罪。擬認罪的范國威、呂智恆及岑敖暉今（4日）於高院出席案件管理聆訊。范和呂對部份案情有爭議，分別涉及是否認知「十步攬炒」、是否「Plan B」等，但二人皆不傾向召開紐頓研訊（Newton Hearing）。
The 47 people involved in organising and participating in the pan-democratic primary have been charged with conspiracy to subvert state power. Thirty-two have been remanded for more than one year and eight months. Thirty intend to plead guilty, while 17 intend to plead not guilty. Among those intending to plead guilty, Gary Fan, Hendrick Lui Chi-hang and Leung Au-yu appeared at the High Court today (the 4th) for a case management hearing. Fan and Hendrick Lui Chi-hang dispute aspects of the case, concerning respectively whether they knew about “Ten Steps to Mutual Destruction” and whether they were “Plan B”, but neither is inclined to hold a Newton hearing.
3 Nov 2022法庭線#5656
Accused of Sedition, Tommy Yuen Denied Bail at First District Court Application After More Than Eight Months in Remand; Next Mention on Jan. 3
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，周四（3 日）首度在區域法院申請保釋，控方反對，最終法官陳廣池拒批保釋。被告須續還押，另應辯方要求押後至 2023 年 1 月 3 日再訊。
Singer Tommy Yuen was accused of cursing judges on social media between 2021 and 2022 and, together with relatives and friends, falsely claiming that proceeds from selling cookies were used to support a female defendant in a riot case. He was charged with two offences: doing an act or acts with one or more seditious intentions, and fraud. On Thursday (the 3rd), he applied for bail for the first time at the District Court. The prosecution objected, and Judge Chan Kwong-chi ultimately refused bail. Yuen will remain in custody, and at the defence’s request the case was adjourned to Jan. 3, 2023, for a further hearing.
3 Nov 2022法庭線#5657
Hong Kong Independence Party Member Charged with Conspiracy to Incite over Crowdfunding Military Funds and Calling for Foreign Troops; Bail Denied
警方國安處日前拘捕 1 名「香港獨立黨」成員，他被控 1 項「串謀作出一項或多項具煽動意圖的作為」罪，周四（3 日）在西九龍裁判法院提堂。主任裁判官羅德泉應控方要求，將案件押後至明年 1 月 26 日再訊，以作進一步調查，包括進行電子化驗和搜查被告個人戶口等。
The National Security Department of the police recently arrested a member of the Hong Kong Independence Party, who was charged with one count of conspiracy to do one or more acts with seditious intention. He appeared at the West Kowloon Magistrates’ Courts on Thursday (the 3rd). At the prosecution’s request, Chief Magistrate Lo Tak-chuen adjourned the case until 26 January next year for further investigation, including electronic forensic examination and searches of the defendant’s personal accounts. His application for bail was refused.
Translations are supplied by the source workbook. Consult the original reporting for context.
