25 Oct 2022獨媒#5608
27-year-old Mainland man arrested over posters with seditious wording on Legislative Council building notice board
警方昨日（24日）拘捕一名27歲內地男子，涉嫌干犯「煽動意圖罪」，被指在立法會大樓告示板貼煽動字句海報，懷疑帶有意圖令讀者對中央政府、中央領導人產生憎恨或藐視，現正被扣留調查。
Police yesterday (24th) arrested a 27-year-old Mainland man suspected of committing the offence of sedition. He was accused of putting up posters bearing seditious wording on a notice board in the Legislative Council building, allegedly with the intention of causing readers to develop hatred or contempt for the Central Government and central government leaders. He is being detained for investigation.
25 Oct 2022法庭線#5611
Former tax officer admits posting seditious messages on LIHKG, jailed for six months
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 messages on LIHKG between 2020 and 2022 advocating “armed resistance” and publishing the slogan “Liberate Hong Kong; revolution of our times”. He pleaded guilty on Tuesday (25th) at the West Kowloon Magistrates’ Courts to one count of doing an act with seditious intention and was sentenced to six months’ imprisonment.
22 Oct 2022法庭線#5590
‘Student Politicism’ Wong Yat-chin and three others sentenced to 30–36 months; one sent to a training centre
前「賢學思政」召集人王逸戰、前秘書長陳枳森、前發言人黃沅琳和朱慧盈，被指擺街站，籲「揭竿而起」、喊「光時口號」，2022 年 7 月承認「串謀煽動顛覆國家政權」罪。王、陳及朱 3 人周六（22 日）在區域法院，被判囚 30 至 36 月；黃被判入教導所。
Former ‘Student Politicism’ convener Wong Yat-chin, former secretary-general Chan Chi-sum, former spokesperson Alice Wong Yuen Lam and Zhu Hui-ying were accused of setting up street booths, calling for people to “rise up” and shouting the “Liberate Hong Kong, revolution of our times” slogan. They pleaded guilty in July 2022 to conspiracy to incite subversion of state power. On Saturday (22nd), Wang, Chan and Zhu were sentenced at the District Court to 30 to 36 months’ imprisonment, while Wong was sent to a training centre.
19 Oct 2022法庭線#5576
Lai Chee-ying charged with conspiracy to collude with foreign forces: High Court allows British King’s Counsel Tim Owen to defend him in the public interest
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。
高院首席法官潘兆初周三（19 日）頒下判詞，多次指本案議題特別複雜，並非如律政司長及大律師公會所形容般簡單。他又指本案爭議對本地的法律發展具「龐大的重要性」、帶來極大的司法價值，考慮公眾利益後，批准認許 Tim Owen 來港抗辯。
Lai Chee-ying, founder of Next Digital, who has been remanded in custody 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 engage British King’s Counsel Tim Owen to come to Hong Kong to defend him, but the Secretary for Justice and the Bar Association opposed the application.
In a judgment handed down on Wednesday (the 19th), Chief Judge of the High Court Jeremy Poon said repeatedly that the issues in the case were particularly complex and were not as straightforward as described by the Secretary for Justice and the Bar Association. He also said the disputes in the case were of “enormous importance” to the development of local law and would bring substantial judicial value. Having considered the public interest, he approved the admission of Tim Owen to come to Hong Kong to defend Lai.
18 Oct 2022法庭線#2618
Male police officer accused of saying on Facebook that marine police officer Lam Wan-yee “deserved to die”; sergeant and constable deny coercing phone-password disclosure
水警高級督察林婉儀 2021 年 9 月執勤時殉職，26 歲時任男警被指在 Facebook 發布「抵死」等煽動言論，周二（18 日）在西九龍裁判法院繼續以「案中案」，處理涉案電子內容的呈堂性。
一名偵緝警長供稱，當時處理被告 Facebook 言論涉違反紀律事宜，又指看到涉案言論時，沒考慮涉及其他刑事罪行。他在辯方盤問下，否認曾威逼被告、向他說「如果你唔交（手機密碼），會告多你一條違反命令」。案件周三（19 日）續審。
Marine Police Senior Inspector Lam Wan-yee died on duty in September 2021. A male police officer, who was 26 at the time, was accused of posting inflammatory remarks including “deserved to die” on Facebook. On Tuesday (18th), the West Kowloon Magistrates’ Courts continued a “trial within a trial” concerning the admissibility of electronic content in the case.
A detective sergeant testified that he had handled the disciplinary matter concerning the defendant’s Facebook remarks, and said that when he saw the remarks, he did not consider whether they involved any other criminal offences. Under cross-examination by the defence, he denied threatening the defendant or telling him, “If you don’t hand over [your phone password], I’ll charge you with one more offence of disobeying an order.” The case will continue on Wednesday (19th).
10 Oct 2022法庭線#2582
Sheep Village case: Five released after serving sentences; first post-1997 sedition publications case convicted after trial, CFA adopts national security offence bail threshold
已被撤銷登記的香港言語治療師總工會， 5 名前理事包括主席黎雯齡、副主席楊逸意、秘書伍巧怡、司庫陳源森及委員方梓皓，被指發布 3 本「羊村」系列兒童繪本，被裁定「串謀發布煽動刊物」罪成，判囚 19 個月。5 人周一（10 日）刑滿獲釋。
本案為 1997 年以來首宗被控煽動刊物罪、被告經審訊後被裁定罪成的案件。《法庭線》整合案件起訴、定罪至刑滿一年多來的重點，包括伍巧怡就被拒保釋向終院申上訴許可，3 名大法官裁定煽動刊物罪屬於危害國安罪行，應採納《國安法》較嚴格的保釋門檻。
Five former directors of the deregistered Hong Kong Speech Therapists’ General Union—including chairwoman Lai Man-ling, vice-chairperson Melody Yeung Yat-yee, secretary Ng Hau-yi, treasurer Chan Yuen-sum and committee member Fong Tsz-ho—were convicted of conspiracy to publish seditious publications over the publication of three “Sheep Village” children’s picture books and sentenced to 19 months’ imprisonment. The five were released on Monday (10th) after completing their sentences.
The case was the first since 1997 in which defendants charged with sedition-related publications were convicted after trial. The Witness compiled key developments over more than a year, from the prosecution and convictions to the completion of the sentences, including Ng Hau-yi’s application to the Court of Final Appeal for leave to appeal against the refusal of bail. Three judges ruled that the offence was a national security offence and that the stricter bail threshold under the National Security Law should be applied.
8 Oct 2022獨媒#2578
‘Gwong Sing Ze’ case: Seven admit conspiracy to incite subversion; five sent to training centres, sentencing of two adjourned
7名16至26歲的政治組織「光城者」成員，因擺街站呼籲「武裝起義」，遭控《國安法》的「串謀煽動顛覆國家政權」罪，其中6人已還柙近一年。案中7人早前全數認罪，為首次有未成年者被裁定《國安法》罪成，其中5名未滿21歲被告今（8日）在區域法院被判入教導所。《國安法》指定法官郭偉健指，各人犯案時認為中央政府及香港政府是極權政府，他們雖然接受良好教育，但受社會氛圍影響，對香港及國家有錯誤觀感。郭官指本案為情節嚴重，但考慮到他們年輕不成熟而犯案，因此降低至情節較輕。
Seven members of the political organisation Gwong Sing Ze, aged 16 to 26, were charged under the National Security Law with conspiracy to incite subversion of state power after setting up street booths to call for an “armed uprising”. Six of them had been remanded for nearly a year. All seven defendants previously pleaded guilty. In the first case in which a minor was convicted of a National Security Law offence, five defendants under the age of 21 were sentenced to training centres at the District Court today (8th), while sentencing for the other two was adjourned. National Security Law designated judge Kwok Wai-kin said the defendants had regarded the Central Government and the Hong Kong Government as totalitarian governments when they committed the offences. Although they had received a good education, they had been influenced by the social atmosphere and held mistaken perceptions of Hong Kong and the country. Judge Kwok said the case involved serious circumstances, but reduced it to the less serious category because the defendants had committed the offences when they were young and immature.
8 Oct 2022獨媒#2579
Judge says organisation urged letters to jailed comrades to build protest network; praises defendant for citing China’s Democracy white paper in mitigation letter
《國安法》指定法官郭偉健指，組織呼籲寫信予在囚手足，從而建立網絡，並計劃長遠抗爭。另外雖無證據顯示有人被煽動革命，但只要一小撮人受煽動，社會穩定將受危害。郭官在判刑後稱讚被告在求情信引用《中國的民主》白皮書的內容，以認清事實。他續指：「不論你鍾唔鍾意呢個地方，歷史上、法律上呢度真係中國嘅地方」，並建議可留意「中國政府做咗咩，做得好、做得唔好」。
National Security Law-designated judge Kwok Wai-kin said the organisation had urged people to write to jailed comrades in order to establish a network and plan a long-term struggle. Although there was no evidence that anyone had been incited to revolution, he said social stability would be endangered if even a small group of people were incited. After sentencing, Judge Kwok praised the defendant for citing content from the China’s Democracy white paper in the mitigation letter to recognise the facts. He continued: “Whether you like this place or not, historically and legally this really is a place of China,” and suggested that people could pay attention to “what the Chinese government has done, what it has done well and what it has not done well.”
7 Oct 2022法庭線#2571
‘Giggs’ jailed for 32 months and ordered to forfeit HK$4.87 million after admitting sedition-related and money-laundering offences
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，又發起涉支援因示威離港者的眾籌計劃，早前承認 1 項串謀作出煽動意圖作為罪，及 3 項洗黑錢罪，周五（7 日）在區域法院被判監禁 32 個月。法庭另頒令充公「傑斯」合共約 487 萬元資產。
D100 online radio host Yuen Yiu-sing, known as “Giggs”, was accused of making remarks including saying the Chief Executive should “die with his entire family” on his programme, and of launching a crowdfunding campaign to support people who left Hong Kong because of protests. He previously admitted one count of conspiracy to do an act with a seditious intention and three counts of money laundering, and was sentenced to 32 months in prison at the District Court on Friday (7th). The court also ordered the forfeiture of assets belonging to “Giggs” totalling approximately HK$4.87 million.
29 Sept 2022法庭線#2533
Two Men Accused of Posting Images on LIHKG, YouTube and Discord Charged with Sedition and Publishing Altered National Anthem Lyrics, Remanded
兩名 18 歲及 29 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、侮辱國歌國旗等罪，兩案周四（29 日）在西九裁判法院提堂，由總裁判官蘇惠德處理。
18 歲被告被控一項煽動罪，以及「故意發布經篡改的國歌歌詞」等另外 3 罪，申保釋被拒，還押 11 月 4 日再訊，候警調查。29 歲被告則被控一項煽動罪，沒保釋申請，還押 10 月 27 日再訊，同樣候警調查。
Two men, aged 18 and 29, were accused of posting seditious statements, photographs and images on the LIHKG Discussion Forum, YouTube and Discord. They were charged separately with sedition and offences including insulting the national anthem and national flag. The two cases were heard at the West Kowloon Magistrates’ Courts on Thursday (29th) before Chief Magistrate So Wai-tak.
The 18-year-old defendant was charged with one count of sedition and three other charges, including knowingly publishing altered lyrics of the national anthem. His bail application was refused and he was remanded until 4 November for further mention pending police investigation. The 29-year-old defendant was charged with one count of sedition. He made no bail application and was remanded until 27 October for further mention, also pending police investigation.
Translations are supplied by the source workbook. Consult the original reporting for context.
