3 Nov 2022獨媒#5658
[Stand News case] Police say first instructed on Apple Daily’s closure day to preserve Stand News evidence; captured 300 links but statement listed only 30
《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，今（3日）於區域法院續審。負責擷取《立場》網站內容的國安警員透露，去年6月24日、即《蘋果日報》停刊日，首獲指示保存《立場》網站的證據。警員原供稱擷取了30個網址內容，惟盤問下承認曾擷取多達300多條連結，只是案件主管僅要求他列出當中30條，認為其他檔案「已經唔係證物，係所謂電子垃圾」。辯方資深大律師余若薇表示「非常詫異」，指刑事案中控方要將所有未被使用材料給予辯方。控方則回應，該300多條連結與本案無關，不知為何證人如此作答，同意安排案件主管錄口供澄清。
The trial of Stand News’s parent company, former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Shiu-tong, who are charged with conspiracy to publish seditious publications, continued at the District Court today (3rd). A national security police officer responsible for capturing content from the Stand News website said he was first instructed to preserve evidence from the website on 24 June last year, the day Apple Daily ceased publication. The officer initially testified that he had captured the contents of 30 URLs, but acknowledged under questioning that he had captured more than 300 links. He said the case officer had only asked him to list 30 of them, considering the other files to be “no longer exhibits, but so-called electronic rubbish”. Senior Counsel Audrey Eu said she was “very surprised”, stating that in a criminal case the prosecution must provide the defence with all unused material. The prosecution responded that the more than 300 links were unrelated to the case and that it did not know why the witness had answered in that way, and agreed to arrange for the case officer to give a statement clarifying the matter.
3 Nov 2022獨媒#5661
5 Charged over Planning to Injure Police; 3 Face Additional Sedition Charges, Case Transferred to District Court on Nov. 22
5男女被指在Telegram上發佈憎恨政府及警方的言論，並討論研發武器及策劃刺死警務人員等，同被控「串謀有意圖而傷人」等罪，案件今（3日）於東區裁判法院作轉介至區院之程序，控方加控其中3人《刑事罪行條例》第10條煽動罪，涉及Instagram帖文和研發武器。案件押後至11月22日於區院答辯。
Five men and women were accused of posting statements expressing hatred of the government and police on Telegram, discussing the development of weapons and planning to stab police officers to death. They were jointly charged with conspiracy to wound with intent and other offences. At Eastern Magistrates’ Court today (the 3rd), during proceedings to transfer the case to the District Court, the prosecution added charges of sedition under Section 10 of the Crimes Ordinance against three of them, relating to Instagram posts and the development of weapons. The case was adjourned to Nov. 22 at the District Court for plea.
3 Nov 2022法庭線#5667
47-person case | Ng Kin-wai changes intended plea to guilty; 30 now intend to plead guilty and 17 to plead not guilty
原擬不認罪的伍健偉，周四（3日）在高等法院處理案件管理聆訊時，確認答辯意向改為擬認罪；使擬認罪被告增 1 人至 30 人，擬不認罪被告減至 17 人。代表伍健偉的大律師施臻遉在庭上指，伍在完成交付高院程序後，決定改為擬認罪，經與控方商議案情後，最終版本在 10 月 6 日獲伍確認及同意。
Ng Kin-wai, who had originally intended to plead not guilty, confirmed on Thursday (3rd) that he had changed his intended plea to guilty during a case management hearing at the High Court. The number of defendants intending to plead guilty consequently rose by one to 30, while the number intending to plead not guilty fell to 17. Sze Zeon-jing, counsel for Ng Kin-wai, told the court that after completing the committal proceedings to the High Court, Ng decided to change his plea to guilty. Following discussions with the prosecution on the facts of the case, Ng confirmed and agreed to the final version on 6 October.
1 Nov 2022法庭線#5647
Hong Kong 47 case｜Judge says not-guilty defendants may go on trial after Lunar New Year; hearing expected to last 50 days, Chiu Ka-yin agrees to post-trial sentencing
法官首透露，法庭最快在明年 2 月、農曆新年後安排不認罪被告開審，料審期約 50 日、暑假前完成。控方指，已與代表趙家賢的大律師利琛「達成協議」，趙將在審訊後判刑。徐子見、袁嘉蔚則冀在同案被告開審前判刑，另提出法律爭議，包括控方案情中指稱的串謀協議，哪些部分指涉兩名被告，以及應否由 1 名法官處理判刑。案件押後 11 月 28 日再訊。
The judge revealed for the first time that the court may arrange the trial of defendants who plead not guilty as early as February next year, after the Lunar New Year. The trial is expected to last about 50 days and be completed before the summer holiday. The prosecution said it had “reached an agreement” with barrister Li Chen, who represents Chiu Ka-yin, and that Chiu would be sentenced after the trial. Siu Tsz-kin and Tiffany Yuen Ka-wai hoped to be sentenced before the trial of the other defendants in the same case. They also raised legal issues, including which parts of the alleged conspiracy agreement in the prosecution’s case concerned the two defendants and whether sentencing should be handled by one judge. The case was adjourned to November 28 for a further hearing.
28 Oct 2022法庭線#5628
Driver in Radiant City Terrorism Conspiracy Case Granted High Court Bail; Prosecution Does Not Object
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」。7 人至今還押超過一年，當中一名 24 歲男司機周五（28 日）在高等法院申請保釋；控方不反對。
The organisation “Radiant 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 terrorist activities, with the alternative charge of conspiracy to cause explosions likely to endanger life or property. The seven have been remanded for more than a year. A 24-year-old male driver applied for bail at the High Court on Friday (the 28th); the prosecution did not object. The judge said the prosecution’s position was reasonable.
28 Oct 2022法庭線#5629
Jimmy Lai foreign collusion case: Permission granted to hire British KC Tim Owen for defence; Secretary for Justice files High Court appeal
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。黎欲聘用英國御用大狀 Tim Owen 來港抗辯，惟律政司長及大律師公會反對。
Next Digital founder Jimmy Lai, who has been remanded in custody for 21 months, 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 trial is scheduled to begin at the High Court on 1 December 2022. Lai seeks to hire British King’s Counsel Tim Owen to come to Hong Kong to defend him, but the Secretary for Justice and the Bar Association oppose the move.
27 Oct 2022法庭線#5627
Court Observer Sedition Case｜Pang Mun-yuen and Woman in Her 60s Convicted, Jailed for One Year and Three Months Respectively
YouTube 頻道「牧師和你顛」創辦人彭滿圓及一名六旬婦，被指在 2022 年 1 月旁聽「鄒幸彤六四集結案」時拍手及叫囂，被控「發表煽動文字」等罪。《國安法》指定法官、裁判官鄭念慈周四（27 日）在西九龍法院裁定二人罪成（見另稿），指庭內拍掌及發言引人對司法憎恨及藐視。彭判囚一年，六旬婦判囚 3 個月、獲准保釋候上訴。
Pang Mun-yuen, founder of the YouTube channel “Pastor and You Go Crazy”, and a woman in her 60s were accused of clapping and shouting while attending the hearing of the “Chow Hang-tung June 4 Assembly Case” in January 2022. They were charged with publishing seditious words and other offences. Cheng Nim-chi, a National Security Law-designated judge and magistrate, convicted both defendants at West Kowloon Magistrates’ Courts on Thursday (the 27th), saying that the clapping and statements in court incited hatred and contempt towards the judiciary. Pang was sentenced to one year in prison, while the woman was sentenced to three months and granted bail pending an appeal.
25 Oct 2022明報#5599
Trial Court Deems Case “Serious”; Student Who Pleaded Guilty Denied Sentence Reduction Appeals as Prosecution Seeks to Invoke Mainland Criminal Law to Interpret National Security Law, Judges Question Move
理大男學生呂世瑜承認《港區國安法》中煽動他人分裂國家罪，原審區院法官界定案件屬「情節嚴重」，由3年8個月改為5年監禁，呂失去認罪的三分之一刑期扣減；呂世瑜不服，提出刑期上訴，上訴案昨日續審。律政司認為國安法是「全國性法律」，可援引內地刑法及內地法律書籍，解讀國安法字眼及提供量刑指引；惟上訴庭質疑，香港在一國兩制下套用普通法制度，內地刑法嚴格來說是「外地」法律，不能直接套用。上訴庭押後裁決，3個月內頒判辭。
A male PolyU student, Lui Sai Yu, admitted the offence of inciting others to secede under the National Security Law. The District Court judge at trial classified the case as involving “serious circumstances”, increasing the sentence from three years and eight months to five years’ imprisonment and resulting in the loss of the one-third sentence reduction for pleading guilty. Lui Sai Yu disagreed and lodged a sentence appeal, which continued yesterday. The Department of Justice argued that the National Security Law is a “national law” and that mainland criminal law and mainland legal texts could be cited to interpret its wording and provide sentencing guidance. The Court of Appeal questioned this, noting that Hong Kong applies a common law system under “one country, two systems” and that, strictly speaking, mainland criminal law is “foreign” law that cannot be directly applied. The Court of Appeal reserved its decision and will issue its judgment within three months.
25 Oct 2022法庭線#5601
Former tax official admits posting seditious content on LIHKG, sentenced to six months in prison
34 歲稅局前職員被指在 2020 年至 2022 年期間，多次在「連登」發文鼓吹「武裝抗爭」、發布「光時」口號等。他周二（25 日）在西九龍裁判法院承認一項「作出具煽動意圖的作為」罪，被判囚 6 個月。
The 34-year-old former Inland Revenue Department employee was accused of repeatedly posting on LIHKG between 2020 and 2022 to promote “armed resistance” and publish the slogan “Liberate Hong Kong, revolution of our times”, among other content. He pleaded guilty on Tuesday (the 25th) at the West Kowloon Magistrates’ Courts to one count of doing an act with seditious intention and was sentenced to six months in prison.
25 Oct 2022獨媒#5607
National security police arrest 7; one suspected of ‘participating in terrorist activities’ and reportedly funded ‘Gwong Sing Ze’
警方國安處昨（24日）拘捕7人，其中一名於元朗區被捕的22歲男子，涉嫌干犯《港區國安法》中「參與實施恐怖活動」，另涉縱火、串謀縱火、串謀詐騙及洗黑錢罪。警方指該男子與數個本土犯罪組織有關。據悉他曾向組織「光城者」提供金錢資助。另外警方指被捕男子亦涉去年參與燒毁政府檢測站。
National security police arrested seven people yesterday (the 24th). One of them, a 22-year-old man arrested in Yuen Long, is suspected of committing the offence of “participating in terrorist activities” under the National Security Law, as well as arson, conspiracy to commit arson, conspiracy to defraud and money laundering. Police said the man was linked to several local criminal organisations. He reportedly provided financial support to the organisation “Gwong Sing Ze”. Police also said the arrested man was suspected of participating last year in the burning of government testing stations.
Translations are supplied by the source workbook. Consult the original reporting for context.
