20 May 2025獨媒#6805
郭鳳儀父涉處理女兒保單被控違反國安條例 高院批出保釋
Two years ago, the Police National Security Department gazetted seven “specified absconders” who were alleged to have endangered national security, including Kwok Fung-yee, executive director of the Hong Kong Democracy Council. Kwok’s father and elder brother were accused of changing the details of her insurance policies and attempting to withdraw the relevant policy balances, and were arrested by the Police National Security Department earlier this month. Kwok’s father was charged with breaching the Safeguarding National Security Ordinance and remanded in custody. After earlier failing to obtain bail at the Magistrates’ Court, he applied for bail at the High Court this morning.
警方國安前年刊憲宣布7名危害國家安全的「指明潛逃者，包括香港民主委員會執行總監郭鳳儀。郭的父親和兄長被指替她更改保險單內容及企圖提取相關保險單結餘，月初被警方國安處拘捕。郭父被控違反《維護國家安全條例》而遭還柙，他早前在裁判法院申請保釋失敗，今早再向高等法院申請保釋。
16 May 2025法庭線#6795
23條首宗司法覆核上訴 上訴方：國安定義廣闊 懲教署長「別無他選」無法轉介個案
Ma Chun-man, nicknamed “Captain America 2.0”, was convicted of “inciting secession” after being accused of repeatedly shouting pro-Hong Kong independence slogans and was sentenced to five years in prison. Ma was originally due to be released early in March this year on account of good conduct, but under the new “Article 23” arrangements he was not released early and his imprisonment was extended until his sentence expires in November 2025 at the latest.
He filed for judicial review, and after losing in December last year, appealed. The case was heard in the High Court on Friday (the 16th). The appellant argued that the definition of national security was broad and that many prisoners “would be regarded as violating national security interests”, leaving the Correctional Services Commissioner with “no other choice” and unable to refer cases to the committee for consideration.
Chief Judge Pang Chun-hoi noted that other countries did not define national security and asked whether the appellant would “rather have no definition”. The appellant responded that the point was that terms in the legislation, such as “relative” and “other major interests of the state”, were unclear. The Correctional Services side said that even if the court ruled in Ma’s favour, the Correctional Services Commissioner would still have to give full consideration to the views of the “National Security Committee”. The judge said a ruling would be handed down within six months.
綽號「第二代美國隊長」的馬俊文，被指多次叫喊港獨口號，「煽動分裂國家」罪成判囚 5 年。馬原定今年 3 月在行為良好減刑下提早獲釋，惟在「23 條」新安排下，未能提早釋放，最遲延至 2025 年 11 月刑滿。
他不服入稟申請司法覆核，去年 12 月敗訴後再提上訴，案件周五（16 日）在高等法院審理。上訴方指，國安定義廣闊，許多囚犯「都被視為違反國安利益」，令懲教署長「別無他選」，無法轉介個案予委員會考慮。
首席法官潘兆初提到，其他國家沒有就國安定義，問上訴方是否也「寧願沒有定義？」上訴方回應稱，是想指出條文內「相對」、「國家其他重大利益」等字眼不清晰。懲教署一方則指，即使法庭裁定馬勝訴，懲教署長仍須充分考慮「國安委」意見。官表示會於 6 個月內判決。
8 May 2025法庭線#6771
23條｜郭鳳儀父親被控企圖處理潛逃者財產 申保釋遭拒還押候訊
Since 2023, police have offered rewards for information leading to the arrest of a total of 19 overseas Hong Kong residents wanted for suspected national security offences. Among them is Koo Fung-yee, who was accused of requesting that foreign countries sanction Hong Kong in the name of the Hong Kong Democracy Council. Her 68-year-old father and 35-year-old brother were arrested at the end of last month over an alleged attempt to deal with her insurance policy. Koo’s father was charged with one count of attempting to deal with a fugitive’s property under Article 23, making it the first recorded case involving the same charge.
Koo’s father applied for bail on Thursday (8 June), but the prosecution objected. After hearing submissions from both sides, National Security Law-designated judge and Chief Magistrate So Wai-tak said that, having considered all the circumstances, there were insufficient grounds to show that the defendant would not continue to engage in acts endangering national security. Bail was refused and the case was adjourned to 13 June for a further hearing, during which the defendant will remain in custody.
警方由 2023 年起，先後懸紅通緝共 19 名涉違國安罪行的海外港人，其中被指以「香港民主委員會」身分，請求外國制裁香港的郭鳳儀，其 68 歲父親和 35 歲胞兄涉企圖處理她的保單，上月底被捕。郭父被起訴一項「23 條」下企圖處理潛逃者財產罪，成紀錄上同一控罪下首案。
郭父周四（8 日）申請保釋，控方反對。《國安法》指定法官、總裁判官蘇惠德聽畢雙方陳詞後指，考慮到所有情況，認為未有充分理據，證明被告不會繼續從事危害國安行為，拒絕被告保釋。案件押後至 6 月 13 日再訊，期間被告須還押。
6 May 2025獨媒#6760
首引「處理潛逃者資金」罪 李家超：執法必嚴
Police last week for the first time charged a man under the offence of “dealing with funds belonging to absconders”, one of the measures concerning absconders under the Safeguarding National Security Ordinance. Chief Executive John Lee was asked about the case by reporters before today’s Executive Council meeting. He said national security offences were extremely serious and that the authorities would pursue responsibility to the fullest extent of the law. He said any person who violated laws relating to national security would be fully investigated, adding that “regardless of when it is, once evidence is found, responsibility will be pursued”. He urged members of the public not to attempt to break the law and reiterated that “the law must be obeyed, law enforcement must be strict, and responsibility will definitely be pursued to the end.”
警方上周首次引用《維護國家安全條例》內，針對有關潛逃者施行的措施中的「處理屬於潛逃者的資金」罪，起訴一名男子。行政長官李家超今日舉行行政會議前見記者環節被問及事件，他指國家安全罪行極其嚴重，會全力依法追究責任。他指任何人違反國家安全相關法例，皆會全力調查，「無論係乜嘢時候，搜索到證據就會追究責任」，籲市民不要嘗試以身試法，重申「有法必依、執法必嚴，一定追究到底。」
6 May 2025光傳媒#6761
郭鳳儀父涉處理女兒保單被控 多個國際人權組織強烈譴責「連坐懲罰」
The National Security Department of the police arrested the father and elder brother of Hong Kong exile Kwok Fung-yee last Wednesday (30th). Her father was charged by the department under the Safeguarding National Security Ordinance over allegedly assisting with funds from her insurance policies in Hong Kong. Chief Executive John Lee said today (6th) that the authorities would pursue the matter to the full extent of the law. Over the past few days, several international human rights organisations have issued statements condemning the Hong Kong government, calling for the charges against Kwok’s father to be withdrawn immediately and for him to be released. They also urged governments to resist the Chinese government’s transnational repression of Hong Kong people in exile and impose sanctions on government officials involved in human rights abuses.
The father and elder brother of the Hong Kong Democracy Council (HKDC) executive director, Kwok Fung-yee, were taken to a police station last Wednesday to assist with an investigation. Her father was charged and appeared in court last Friday; the case was adjourned until June 13 for a further hearing. Several international human rights organisations have issued statements condemning the Hong Kong government in recent days. Human Rights Watch said the case was the first in which the family member of an exiled protester had been charged by the authorities with a national security offence, and called on the authorities to immediately withdraw the charges against Kwok’s father and release him.
Yalkun Uluyol, a researcher with Human Rights Watch’s China division, said the Chinese government was increasingly using an “appalling use of collective punishment” against the families of peaceful Hong Kong protesters. “The Hong Kong authorities should immediately and unconditionally release Kwok Fung-yee’s father and stop harassing the families of Hong Kong protesters,” he said.
警方國安處上周三（30日）拘捕流亡港人郭鳳儀的父親及兄長，其父涉嫌協助處理她在港保單資金，被警方國安處以《維護國家安全條例》起訴。特首李家超今（6日）稱當局會全力依法追究。過去幾天，多個國際人權組織均發聲明譴責港府，要求立即撤回控告並釋放郭父。又建議各個政府抵制中國政府對流亡港人的跨境鎮壓，對參與侵犯人權的政府官員實施制裁。
「香港民主委員會」（HKDC）執行總監郭鳳儀父兄上周三被帶返警署助查，其父被起訴並於上周五提堂，案件押後至6月13日再訊。多個國際人權組織連日均發聲明譴責港府，人權觀察（Human Rights Watch）指出此案是流亡抗爭者家屬被政權以國家安全罪名起訴首例，促當局立即撤回對郭父的控告，並立即釋放他。
人權觀察中國部研究員烏魯堯勒（Yalkun Uluyol）指出，中國政府日益頻繁以令人髮指的連坐懲罰（appalling use of collective punishment）對付香港和平抗爭者的家屬，「香港當局應立即無條件釋放郭鳳儀的父親，並停止騷擾香港抗爭者家屬」。
2 May 2025法庭線#6755
23條｜郭鳳儀父親被指助處理保單 被控企圖處理潛逃者財產 還押候訊
Since 2023, the police have offered rewards for information leading to the arrest of a total of 19 Hongkongers overseas who are suspected of offences endangering national security. Among them is Anna Kwok Fung-yee, who is accused of calling for foreign sanctions against Hong Kong in her capacity with the Hong Kong Democracy Council. Her 68-year-old father and 35-year-old elder brother were arrested by the National Security Department on 30 April over an alleged attempt to deal with her insurance policy. Kwok’s father was charged under Article 23 legislation with attempting to deal with property belonging to an absconder and was brought before West Kowloon Magistrates’ Courts this Friday (2 May).
The prosecution applied for a six-week adjournment to allow time to examine Kwok’s father’s mobile phone and computer. Defence counsel Kwan Man-wai said there was no bail application at that stage and argued that the key issue was whether the insurance policy allegedly dealt with by Kwok’s father was an asset belonging to Anna Kwok or to himself. He said the defence needed time to examine the policy, which the prosecution had not yet provided, and asked for the case to be adjourned for one week before deciding on the plea and whether to apply for bail.
Chief Magistrate **Victor So Wai-tak**, a judge designated under the National Security Law, adjourned the case to **13 June**, and the defendant was remanded in custody in the meantime.
警方由 2023 年起，先後懸紅通緝共 19 名涉違國安罪行的海外港人，其中被指以「香港民主委員會」身分請求外國制裁香港的郭鳳儀，其 68 歲父親和 35 歲胞兄涉企圖處理她的保單，上月 30 日被國安處拘捕，郭父被起訴「23 條」下企圖處理潛逃者財產相關罪行，本周五（2 日）被解往西九龍裁判法院提堂。
控方提出押後 6 周，以檢取郭父的手機、電腦。辯方大狀關文渭則指，現階段沒保釋申請，稱案件癥結在於郭父被指處理的保單，究竟是郭鳳儀抑或他本人的資產，需時檢閱涉案保單，惟控方尚未提供，望押後案件一周，再讓決定答辯方向及是否申保釋。
《國安法》指定法官、總裁判官蘇惠德遂押後案件至 6 月 13 日再訊，被告暫須還押。
30 Apr 2025法庭線#6746
22歲男子涉於X、IG發布煽動帖文 被控新煽動罪 還押至6.12再訊
A 22-year-old man was accused of publishing seditious posts on X and Instagram between June last year and April this year. He was charged under the Safeguarding National Security Ordinance with knowingly publishing a publication with seditious intention. The case came before the West Kowloon Magistrates’ Courts on Wednesday (30th) for its first hearing.
The defendant was not required to enter a plea. The prosecution applied for an adjournment until June 12 to allow for further police investigations, including the defendant’s video-recorded interview and the examination of his mobile phone and computer. The prosecution also said police had found other publications at the defendant’s residence and indicated that further charges might be considered.
The defence applied for bail. After hearing submissions, designated National Security Law judge and Chief Magistrate So Wai-tak refused the application, and the defendant was remanded in custody.
22 歲男子被指於去年 6 月至今年 4 月期間，於 X 和 Instagram 發布煽動帖文，被控《維護國安條例》下的「明知而發布具煽動意圖的刊物」罪，案件周三（30 日）於西九龍裁判法院首次提堂。
被告暫毋須答辯，控方申請押後至 6 月 12 日再訊，以待警方調查，包括被告的錄影會面、檢驗被告的手機及電腦。控方又指，警方在被告住所搜出其他刊物，明言可能考慮其他控罪。
辯方有保釋申請。《國安法》指定法官、總裁判官蘇惠德聽畢陳詞後拒絕，被告須還押。
9 Apr 2025法庭線#6665
新煽動罪案判刑 旁聽人士投訴遭職員拍攝 司法機構：調查顯示指稱不符事實
The 57-year-old former Social Democratic League member Kim Ho Chow was accused of posting 145 messages on social media last year, including posts saying “Communist Party, go eat shit”. The person pleaded guilty to the “new sedition offence” at West Kowloon Magistrates’ Courts on Tuesday (8th) and was sentenced to 12 months’ imprisonment. On the same day, a court attendee complained of being photographed by Judiciary staff during an adjournment. Chief Magistrate Victor So Wai-tak said in court that the incident did not occur during judicial proceedings and suggested that the complainant lodge a complaint with the Judiciary Administrator.
A day later, the Judiciary told The Witness that it had conducted an internal investigation into the incident, saying that “the results showed that the allegations were inconsistent with the facts”. It also said that, after the person reported the matter to the police, officers present investigated it on the spot, and the investigation confirmed that the staff member concerned had not taken any photographs.
57 歲社民連前成員周劍豪，被指去年在社交平台，發布涉及「共產黨食屎啦」等 145 則帖文，周二（8 日）在西九龍裁判法院承認「新煽動罪」，被判監禁 12 個月。同日有旁聽人士投訴休庭期間，遭司法機構職員拍攝。總裁判官蘇惠德庭上指，事件非發生在司法程序進行期間，建議事主向司法機構政務長投訴。
事隔一日，司法機構回覆《法庭線》查詢指，已就事件進行內部調查，「結果顯示有關指稱不符事實」，又指「有關人士於報警後，在場警員亦已即場調查，調查結果確認有關人員並沒有拍攝照片」。
8 Apr 2025法庭線#6659
23條｜認發布「共產黨食屎」等帖文 社民連前成員周劍豪判囚12月
Former League of Social Democrats member Kim Ho Chow, 57, was accused of publishing 145 posts on Facebook, Instagram and Threads between March and November 2024, including “Destroy the Communist Party” and “The Communist Party, go eat shit”. On Tuesday (the 8th), Kim Ho Chow pleaded guilty at West Kowloon Magistrates’ Courts to the offence of “knowingly publishing a publication with a seditious intention” under the Safeguarding National Security Ordinance, commonly known as Article 23, and was sentenced to 12 months’ imprisonment.
The defence pleaded that the defendant had posted under their real name and had genuinely been unaware that they were breaking the law. It also said the posts were repetitive, with 30% receiving no response at all. Chief Magistrate So Wai-tak said the posts contained extensive abuse, centred on overthrowing the Chinese Communist regime, and provocatively referred to actions including launching a war and imposing sanctions. He also said that multiple sedition cases had appeared before the courts since 2020 and that the sedition offence had been amended last year, concluding that “in these circumstances, it was simply impossible for the defendant not to know that his conduct breached the law”.
During an adjournment, an observer complained that they had been filmed by a Judiciary staff member, briefly causing confusion at the scene. “A Niu” Tsang Kin-shing raised the incident with the magistrate in court and hoped that the court would follow it up. The magistrate said the incident had not occurred while judicial proceedings were taking place and suggested that the complainant lodge a complaint with the Judiciary Administrator. The Witness has asked the Judiciary for a response.
57 歲社民連前成員周劍豪，被指 2024 年 3 月至 11 月期間，在 Facebook、Instagram 及 Threads 發布 145 則帖文，涉及「消滅共產黨」、「共產黨食屎啦」，周二（8 日）在西九龍裁判法院承認《維護國安條例》（俗稱 23 條）下的「明知而發布具煽動意圖的刊物」罪，被判監禁 12 個月。
辯方求情指，被告使用真名發帖，因真誠不知道犯法，又指帖文內容重複，當中三成完全沒有人回應。總裁判官蘇惠德指，涉案帖文涉大量謾罵，以推翻中共政權為主調，語帶挑釁提及開戰、制裁等行動，又指法庭自 2020 年起出現多宗煽動案，煽動罪亦於去年作修訂，認為「在這情況下，被告根本不可能不知他的作為是觸犯法律」。
另外，休庭期間有旁聽人士投訴遭司法機構職員拍攝，現場一度混亂。「阿牛」曾健成庭上向官提及事件，希望法庭跟進。官指，事件非發生在司法程序進行期間，建議事主向司法機構政務長投訴。《法庭線》已就事件向司法機構查詢。
8 Apr 2025法庭線#6662
23條｜男子認行人天橋升降機門寫「台獨」等囚10月 官更正刑期為8月8周
In 2024, a 53-year-old man was accused of writing phrases including “Xi Winnie is Zhongguo’s king of killers”, “Communist bandit dog, masturbation song, is rubbish”, “Communist bandits collapse” and “Taiwan independence” on lift doors at pedestrian footbridges around Wan Chai. He pleaded guilty last week to five offences, including the “new sedition offence” and criminal damage, and was sentenced to 10 months’ imprisonment. A review hearing was held at West Kowloon Magistrates’ Courts on Tuesday (8th).
Chief Magistrate So Wai-tak said the court had reviewed the sentence on its own initiative. The original conversion of the eight-week consecutive term, equivalent to 56 days, into two months, or 60 days, would have resulted in the defendant serving four additional days. The court therefore corrected the total sentence to eight months and eight weeks.
2024 年，53 歲男子被指在灣仔一帶行人天橋升降機門，寫上「習維尼係終國殺人王」、「共匪狗手淫曲係垃圾」、「共匪冧檔」、「台獨」等字眼，上周承認「新煽動罪」、刑事損壞等 5 罪，被判監禁 10 個月，案件周二（8 日）在西九龍裁判法院進行覆核聆訊。
總裁判官蘇惠德指，法庭主動覆核刑期，指原先將分期執行的 8 星期刑期即 56 日，換算成 2 個月即 60 日，會導致被告服刑多 4 日，因此法庭更正總刑期為 8 個月零 8 星期。
Translations are supplied by the source workbook. Consult the original reporting for context.
