3 Aug 2022獨媒#2294
Ma Chun-man wins appeal against five-year-nine-month sentence for inciting secession; term reduced to five years
人稱「第二代美國隊長」的馬俊文被指前年多次在公眾場合叫喊港獨口號，他否認《國安法》的「煽動他人分裂國家」罪，於區域法院審訊後罪成，判監5年9個月，現正服刑。他早前向高等法院申請刑期上訴，為首宗上訴庭處理的《國安法》判刑案件。高院上訴庭今（3日）裁定他上訴得直，減刑9個月，改判5年。高院法官指原審法官陳廣池以6年為量刑起點過重，雖然本案情節嚴重，但上訴人刑責相對較輕，應貼近5年最低標準。
Ma Chun-man, known as the “Second-generation Captain America”, was accused of repeatedly shouting slogans advocating Hong Kong independence in public two years ago. He denied the National Security Law charge of “inciting others to secede” but was convicted after a trial in the District Court and sentenced to five years and nine months in prison. He is currently serving his sentence. He earlier applied to the High Court to appeal against the term, in the first sentencing case under the National Security Law to be handled by the Court of Appeal. The High Court’s Court of Appeal ruled today (the 3rd) that his appeal was allowed, reducing his sentence by nine months to five years. The judges said the original trial judge, Chan Kwong-chi, had adopted an excessive six-year starting point for sentencing. Although the circumstances of the case were serious, the appellant’s culpability was relatively low and the sentence should be closer to the five-year minimum standard.
3 Aug 2022獨媒#2296
Security Bureau says ‘Hong Kong Parliament’ involves subversion of state power, vows to hunt down Yuen Gong-yee, Leung Chung-hang and others
有海外港人日前在加拿大宣布籌組「香港議會」，並會在明年舉行選舉。保安局今日（3日）發聲明嚴厲譴責何良懋、袁弓夷及梁頌恆等人，指相關行為已涉嫌違反《港區國安法》第22條「顛覆國家政權罪」，並會將他們緝捕歸案。
Overseas Hong Kong people announced in Canada several days ago that they were forming a “Hong Kong Parliament” and would hold elections next year. The Security Bureau issued a statement today (3rd), strongly condemning Victor Leung Mau Ho, Yuen Gong-yee, Leung Chung-hang and others, saying the relevant conduct was suspected of violating Article 22 of the Hong Kong National Security Law, the offence of subversion of state power, and that it would hunt them down and bring them to justice.
2 Aug 2022獨媒#2291
Chow Hang-tung Wins Judicial Review as High Court Orders Removal of Reporting Restrictions in Hong Kong Alliance Case
已解散的支聯會被指煽動顛覆國家政權案，前副主席鄒幸彤曾按《裁判官條例》第87A條，申請解除交付程序報導限制，但遭《國安法》指定法官、主任裁判官羅德泉拒絕。她於5月入稟高等法院提司法覆核，要求法庭頒令推翻決定並要求羅德泉解除報導限制。
In the case alleging that the dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China incited subversion of state power, former vice-chairwoman Chow Hang-tung had applied under Section 87A of the Magistrates Ordinance to lift reporting restrictions on the committal proceedings, but was refused by Chief Magistrate Victor So Wai-tak, a designated national security law judge. She filed for judicial review in the High Court in May, seeking an order quashing the decision and requiring So Wai-tak to lift the reporting restrictions.
1 Aug 2022獨媒#2288
National Security Department arrests two men over posts allegedly deepening ill-feeling among different sections of public
警方國安處拘捕兩名男子，涉嫌干犯煽動罪，被指多次透過社交平台，發布具引起或加深香港不同階層居民間的惡感及敵意和煽惑他人使用暴力的煽動意圖帖文。
The Police National Security Department arrested two men on suspicion of committing the offence of sedition. They were alleged to have repeatedly posted messages on social media with seditious intent to cause or deepen ill-feeling and enmity among residents of different sections of Hong Kong and to incite others to use violence.
22 Jul 2022山道文化#2253
Sheep Village case defendants remanded for a year before verdict; defence says vague law will have a chilling effect
香港言語治療師總工會5名理事因出版羊村系列繪本，被控「串謀刊印、發布、分發、展示或複製煽動刊物」罪，至今已還押一年，案件將押後至7月30日繼續結案陳詞。該控罪的首次定罪最高刑罰為監禁兩年，辯方在本月初的聆訊中曾提到案件再延後會對被告造成不公，認為屆時「無論判乜嘢都已過咗」。
辯方 另在陳詞中提到煽動罪「憎恨」、「離叛」等字眼欠缺法律確定性，模糊的法律會帶來寒蟬效應，令人們害怕若提出官方以外的論述便會被捕及不准保釋，情況與本案被告相若。
Five members of the executive committee of the Hong Kong Speech Therapists’ General Union were charged with conspiracy to print, publish, distribute, display or reproduce seditious publications over the publication of the Sheep Village series of picture books. They have been remanded in custody for a year, and the case has been adjourned to July 30 for closing submissions to continue. The maximum sentence for a first conviction of the offence is two years’ imprisonment. At a hearing earlier this month, the defence said that a further postponement would be unfair to the defendants, saying that by then, “whatever sentence is handed down, the time will already have passed.”
The defence also submitted that terms such as “hatred” and “disaffection” in the sedition offence lacked legal certainty. It said vague laws would have a chilling effect, causing people to fear that they could be arrested and denied bail for putting forward narratives other than official ones, as had happened to the defendants in this case.
18 Jul 2022明報#2236
Tong Ying-kit pursued for HK$1.38 million in legal costs
被裁定煽動他人分裂國家罪及恐怖活動罪成立判囚9年的唐英傑，於2020年向高等法院申請人身保護令遭駁回，其後就《港區國安法》案件不設陪審團提出司法覆核敗訴，他不服上訴，再遭駁回，兩案需付訟費。本報獲得數封由律政司向唐英傑發出追討訟費的信，信中提到唐英傑兩案訟費合共超過138萬元。唐英傑以書信回覆本報訪問時表示，起初因為認為判決對往後國安法案件有影響，故提司法覆核；並稱難以承擔巨額訟費，感到無助。
Tong Ying-kit, who was convicted of inciting others to secede and terrorism and sentenced to nine years in prison, applied to the High Court in 2020 for a writ of habeas corpus, but the application was rejected. He subsequently lost a judicial review challenging the absence of a jury in his case under the Hong Kong National Security Law, and his appeal was also dismissed. He is required to pay the legal costs in both cases. This newspaper obtained several letters from the Department of Justice seeking payment of the costs from Tong, stating that the total costs for the two cases exceeded HK$1.38 million. In a written reply to the newspaper, Tong said he initially sought the judicial review because he believed the judgment would affect future cases under the National Security Law. He said he found it difficult to bear the substantial legal costs and felt helpless.
16 Jul 2022獨媒#2230
Seven charged with conspiracy to incite subversion all intend to plead guilty
7名男女被指與社運組織「光城者」有關，案發時年齡介乎15至25歲，遭控「串謀煽動顛覆國家政權」罪，除一名中五男生外，餘下6人自去年9月提堂起還柙至今。案中2人早前表明打算認罪，餘下5人今早（16日）於區域法院提訊時，同樣透過律師表示打算認罪。《國安法》指定法官郭偉健遂押後至8月20日處理答辯，還柙的被告沒有保釋申請，須繼續還柙。
Seven men and women, aged between 15 and 25 at the time of the alleged offences, were charged with conspiracy to incite subversion of state power over alleged links to the social movement organisation Returning Valiant. Apart from a male Form Five student, the other six have been remanded in custody since appearing in court last September. Two of the defendants had earlier indicated that they intended to plead guilty. At a hearing at the District Court this morning (16th), the remaining five likewise indicated through their lawyers that they intended to plead guilty. Designated National Security Law judge Kwok Wai-kin adjourned the case to 20 August for pleas to be entered. The remanded defendants did not apply for bail and must remain in custody.
15 Jul 2022獨媒#2226
Wu Kin-wai Denied Bail as Judge Says Several Supporters Shouted in Court
初選47人案被告之一、前元朗區議員伍健偉，還柙至今逾16個月。他早前向高等法院申請保釋遭拒，國安法指定法官杜麗冰昨頒下判詞，指去年伍健偉被撤銷保釋後，庭上多名支持者叫喊，伍健偉亦有作出回應，加上他仍擁有Facebook和Patreon帳戶，有一些支持者，未能信服他不會繼續做出危害國家安全的行為，故拒絕其保釋申請。
Wu Kin-wai, one of the defendants in the primary election 47 case and a former Yuen Long district councillor, has been remanded in custody for more than 16 months. He earlier applied for bail in the High Court but was refused. In written reasons handed down yesterday, national security law designated judge Esther Toh said that after Wu’s bail was revoked last year, several supporters shouted in court and Wu also responded. As he still had Facebook and Patreon accounts and some supporters, the judge was not convinced that he would not continue to commit acts endangering national security, and refused his bail application.
12 Jul 2022法庭線#2204
Koo Sze-yiu jailed nine months for attempted sedition over planned coffin protest; judge says violence not required
古思堯擬趁北京冬奧開幕抬棺材到中聯辦，企圖煽動罪成，裁判官判囚九個月時指構成煽動無須暴力元素。
古解除法律代表自行陳情，形容坐監是他的日常生活，不後悔自己所作所為，又指自己「屢敗屢戰，死不悔改」。他自今年 2 月被控一直還押，至今逾 5 個月。
Koo Sze-yiu was convicted of attempted sedition after planning to take a coffin to the Liaison Office during the opening of the Beijing Winter Olympics. In sentencing him to nine months in prison, the magistrate said sedition did not require a violent element.
After discharging his legal representative, Koo made his own mitigation plea. He described imprisonment as his daily life, said he did not regret what he had done, and said he had “fought on after repeated defeats and was unrepentant to the death”. He has been remanded in custody since February this year, for more than five months.
5 Jul 2022獨媒#2175
First Sedition Publications Case Goes to Trial; Prosecution Says Sheep Village Picture Books Promote Separatism, Create Hatred and Poison Minds
言語治療師工會煽動刊物案開審，控方陳詞指《羊村守衛者》繪本意圖引起對中央、特區政府和香港司法的藐視、憎恨和離叛，五被告理事間的分工構成串謀。
The sedition publications case involving the Speech Therapists’ Union went to trial. The prosecution argued that the picture book *The Guardians of Sheep Village* was intended to provoke contempt, hatred and disaffection towards the central authorities, the SAR Government and Hong Kong’s judiciary, and that the division of labour among the five accused union directors amounted to a conspiracy.
Translations are supplied by the source workbook. Consult the original reporting for context.
