10 Aug 2025獨媒#7149
通訊局終極敗訴 記協及港台工會：還《頭條新聞》製作團隊公道
A 2020 episode of Headliner was accused of insulting the police. The Communications Authority has suffered a final defeat, with the quashing of all the warnings upheld. The Hong Kong Journalists Association and the RTHK Staff Union, which challenged the Authority through a judicial review at the time, said in a statement yesterday that after more than five years of litigation, justice had finally been done for the production team. However, RTHK had already stopped broadcasting Headliner, and the harm caused could not be undone.
The statement said the judgment not only confirmed that the Headliner production team had not breached the Broadcasting Code, but also affirmed the unique nature of satirical programmes as a form of artistic expression and social commentary, as well as their important role in public discussion. It said this was an important victory for the entire news industry. When explaining and applying the Broadcasting Code, regulators must fully consider the type of programme, the context of its content and the constitutional protection of freedom of expression, and avoid imposing unnecessary and unreasonable restrictions on media creativity.
The Hong Kong Journalists Association and the RTHK Staff Union called on the Communications Authority to publish the withdrawal of the relevant decision and acknowledge that its decision at the time was erroneous. They also thanked the lawyers and barristers on the legal team, as well as everyone who had taken part in crowdfunding and firmly supported freedom of expression, saying: “The success of this judicial review was entirely due to everyone’s selfless dedication.”
The statement said the judgment provided clearer guidance for regulators and clarified the principles that the authorities must follow when regulating the media, and that media organisations must follow when producing programmes.
For regulators, the decisive factor in determining whether a broadcaster had breached the rules was whether it had made reasonable efforts to verify the information, rather than whether the factual content ultimately proved accurate. The obligation to verify applied only to factual content. Regulators must also distinguish whether criticism targeted a person’s or group’s “conduct” or “status” when applying the rules prohibiting insults against individuals or groups.
《頭條新聞》2020年一集節目被指侮辱警方，通訊事務管理局終極敗訴，所有警告維持撤銷。當年提出司法覆核挑戰通訊局的記協及港台工會昨日發聲明，指纏訟逾五年，終還製作團隊公道，惟港台早已停播《頭條新聞》，已造成的傷害無法挽回。
聲明認為，判決不僅確定港台《頭條新聞》製作團隊並未違反廣播守則，亦肯定了諷刺節目作為藝術表達和社會評論形式的獨特性，以及其在公共討論中的重要角色，是對整個新聞行業的一次重要勝利。監管機構解釋及應用廣播守則時，必須充分考慮節目類型、內容語境及表達自由的憲法保障，避免對媒體創作施加不必要和不合理的限制。
記協及港台工會呼籲通訊局應公佈撤銷有關裁決，並承認當日的裁決為錯誤。他們最後感謝法律團隊的律師及大狀，以及所有曾參與眾籌、堅定支持言論自由的人士，指「是次司法覆核的成功，全賴眾人無私奉獻。」
聲明提到，裁決為監管機構提供更清晰指引，亦釐清當局監管傳媒以及傳媒製作節目時須跟從的原則。
就監管機構而言，判斷廣播機構是否違規的決定性因素，是曾否合理地努力核實，而非該事實內容最終是否準確；核實的義務亦僅適用於事實內容；禁止侮辱個人或群體的規定，監管機構亦需區分評論針對的是「行為」還是「地位」。
8 Aug 2025獨媒#7147
黃之鋒被控串謀勾結外國勢力 擬於高院審理 押後至9.5訊作交付程序
Joshua Wong, who is serving a sentence at Stanley Prison over the primary election case, was arrested again by the Police National Security Department in June this year. He was accused of requesting foreign sanctions together with Nathan Law and others between July and November 2020, allegedly in violation of Article 29(2) and (4) of the Hong Kong National Security Law, concerning the offence of “conspiracy with a foreign country or with external elements to endanger national security”, and Section 25 of the Organised and Serious Crimes Ordinance, concerning money laundering. Wong has been charged with one count of conspiracy with a foreign country or with external elements to endanger national security. The case was brought before the West Kowloon Magistrates’ Courts again today (8th). Wong was not required to enter a plea at this stage. The prosecution applied for the case to be adjourned to 5 September for committal proceedings. Wong’s counsel confirmed that there was no objection to the adjournment and that no bail application would be made. National Security Law-designated judge and Chief Magistrate So Wai-tak told Wong that his case would be heard in the Court of First Instance of the High Court, and adjourned it to 5 September for a hearing for committal proceedings. As no bail application was made, Wong was remanded in custody. After the hearing, court observers called out to Wong, saying, “Stay strong!” and “Take care.” Wong also waved to the observers before entering the cell.
因初選案正在赤柱監獄服刑的黃之鋒，今年6月被警方國安處再拘捕，指他於2020年7月至11月期間，連同羅冠聰及其他人請求外國制裁，涉嫌違反《香港國安法》第29(2)及(4)條「串謀勾結外國或者境外勢力危害國家安全」罪及《有組織及嚴重罪行條例》第25條「洗黑錢」罪。黃已被落案起訴一項「串謀勾結外國或者境外勢力危害國家安全」罪，案件今（8日）於西九龍裁判法院再提堂。黃暫毋須答辯，控方申請將案件押後至9月5日再訊，以作交付審判程序。黃的代表律師確認沒有反對押後，也沒有保釋申請。國安法指定法官、總裁判官蘇惠德向黃指，他的案件將會在高院原訟庭審理，並押後至9月5日作提訊日，以作交付程序。由於黃沒有保釋申請，他須繼續還柙。散庭後，旁聽人士向黃說：「撐住呀！」、「保重。」黃亦於進入囚室前向旁聽人士揮手。
7 Aug 2025法庭線#7143
反恐第二案｜辯方稱第三被告被捕後 被指為其TG帳戶曾打電話 另質疑警編撰證供
Explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment in early 2020, and the Telegram channel “Gau Sap Ji Cim” subsequently claimed responsibility. Seven people were charged with offences under anti-terrorism legislation, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty. The trial entered its 147th day at the High Court on Thursday (the 7th), with the barrister representing third defendant Tsz Lok Ng continuing his submissions.
The defence said there were reasonable doubts about the prosecution’s claim that Ng was the Telegram user “Time to Change Name”. The defence noted that after Ng was arrested, “Time to Change Name” made a 110-second telephone call. It also cited evidence from the police officer who arrested Ng that, after the arrest, Ng’s hands had remained handcuffed behind his back and he had “not used the phone at all”.
The defence further said that the notebooks of the officer responsible for arresting Ng and the officer who immediately gathered evidence at the scene did not record that they had taken a statement and gathered evidence in the same space. It said that, five years later, the two officers changed their accounts when testifying in court, but gave matching versions. The defence questioned whether their evidence had been “made up”, saying “the [testimony] was all rubbish”.
2020 年初，明愛醫院、羅湖港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周四（7 日）於高院踏入第 147 天審訊。第三被告吳子樂的代表大律師繼續陳詞。
辯方指，控方指控吳為 Telegram 用戶「夠鐘改名」的說法之中，存有合理疑點。辯方提及，吳被捕後，「夠鐘改名」曾打出一通長達 110 秒的電話，亦引用拘捕吳的警員證供指，吳被捕後，雙手一直被手銬反鎖，「完全冇用過電話」。
辯方又指，負責拘捕吳的警員與即時在現場搜證的警員，兩人的紀事冊沒有記下兩人在同一空間錄取口供及搜證，而兩人 5 年後在庭上作供更改說法並且一致。辯方質疑，兩人的證供是「作出嚟」、「（證供）全部都係垃圾」。
7 Aug 2025法庭線#7145
《頭條新聞》案 通訊局申終極上訴被拒 終院：無合理給予上訴許可的理由
In 2020, the Communications Authority ruled that the “無品芝麻官” and “驚方訊息” segments of RTHK’s “Headliner” had denigrated and insulted the police. The Hong Kong Journalists Association, together with the RTHK staff union, sought a judicial review challenging the decision and won in part in the High Court in 2021. The Authority and the union subsequently appealed against the parts of the ruling they had lost. Last year, the Court of Appeal dismissed the Authority’s appeal, while the union and the Journalists Association were ruled to have won their case and the Authority’s warning was quashed. The Authority applied the same year for leave to appeal to the Court of Final Appeal.
The latest update on the Court of Final Appeal’s website shows that its Appeal Committee rejected the Authority’s application for leave to appeal on Thursday (the 7th), saying there were no reasonable grounds for granting leave. In other words, the Authority can no longer challenge the Court of Appeal’s decision through an appeal.
In response to an inquiry from The Witness, the Authority said it noted the decision of the Court of Final Appeal’s Appeal Committee. As the statutory regulator of the broadcasting industry, it would continue to handle complaints concerning broadcasting matters in accordance with the principles of fairness, impartiality and objectivity, and under the Broadcasting Ordinance and relevant programme codes, to ensure that television and radio programmes served the public interest.
通訊事務管理局 2020 年裁定港台《頭條新聞》內「無品芝麻官」及「驚方訊息」環節，屬污衊、侮辱警方，記協聯同港台工會提司法覆核挑戰決定，2021 年獲高院裁定部分勝訴。局方和工會其後各就敗訴部分提上訴。至去年，上訴庭駁回通訊局上訴；工會、記協則獲判勝訴，並獲撤銷通訊局的警告。通訊局同年再申請上訴至終審法院。
終院網頁最新顯示，終院上訴委員會於周四（7 日）拒絕向通訊局批出上訴許可，指案件無合理給予上訴許可的理由。換言之，通訊局無法再透過上訴挑戰上訴庭決定。
通訊局回覆《法庭線》查詢指，備悉終院上訴委員會的決定，作為廣播業的法定規管機構，會繼續以公平、公正及不偏不倚的原則按《廣播條例》及相關節目守則，處理有關廣播事務的投訴，確保電視及電台節目符合公眾利益。
6 Aug 2025法庭線#7141
郭鳳儀父否認企圖處理潛逃者財產 10.8審訊 辯方提出由另一裁判官負責
The 68-year-old father of Kwok Fung-yee, executive director of the Hong Kong Democracy Council, who is wanted by the police National Security Department, Kwok Yin-sang was accused of attempting to deal with her insurance policy. He was charged under “Article 23” with attempting to deal with a fugitive’s property and pleaded not guilty at West Kowloon Magistrates’ Courts on Wednesday (6th). The case is scheduled for trial from Oct. 8 to 9, in Chinese.
The defence submitted that So Wai-tak, the National Security Law-designated judge and Chief Magistrate, had handled the bail application and dealt with defence submissions related to the grounds of defence. It hoped that another magistrate would handle the trial. So said, “Generally speaking, I should not handle it. It will be recorded.”
遭警方國安處通緝的「香港民主委員會」執行總監郭鳳儀，其 68 歲父親郭賢生被指企圖處理她的保單，遭起訴「23 條」下企圖處理潛逃者財產罪，他周三（6 日）在西九龍裁判法院否認控罪。案件排期 10 月 8 日至 9 日、以中文進行審訊。
辯方提出，《國安法》指定法官、總裁判官蘇惠德曾處理保釋申請，處理過與抗辯理據有關的辯方陳詞，希望由另一裁判官處理審訊。蘇指，「一般嚟講唔應該由我處理，會記錄」。
5 Aug 2025法庭線#7138
獲釋守監管令期間被拒赴英讀書 杜啟華確認撤司法覆核 指難明言原因
On 14 July 2019, clashes between police and civilians broke out at Sha Tin New Town Plaza. HKU graduate To Kai Wa was convicted of four offences, including assaulting police, after being accused of biting off a police sergeant’s finger, and was sentenced to five and a half years in prison. To was released in 2024 and required to comply with a 22-month supervision order.
To Kai Wa subsequently applied for a law degree at a university in the UK and received a conditional offer. The person then applied to the Correctional Services Department’s Supervision Case Review Board to leave Hong Kong for the UK this month, but the application was rejected. Dissatisfied with the decision, To filed for judicial review. The hearing was originally scheduled for 14 August, but the Judiciary’s website now shows that no hearing has been scheduled for the case.
To confirmed to The Witness that the judicial review application had been withdrawn, but said the reason was difficult to explain: “There are many things I cannot answer you about.” The Witness asked the Department of Justice and the Correctional Services Department whether the decision to refuse To Kai Wa permission to leave Hong Kong was related to a decision by the National Security Committee. Both departments replied that they would not comment on individual cases.
The Correctional Services Department also said it had always implemented supervision orders lawfully and impartially, to ensure that released prisoners complied with all conditions of their supervision orders, reformed and reintegrated into society, protect members of the public from serious harm by offenders, and ensure the effective safeguarding of national security.
2019 年 7 月 14 日，沙田新城巿廣場爆發警民衝突，港大畢業生杜啟華被指咬斷警長手指，襲警等 4 罪成判囚 5 年半。杜於 2024 年獲釋後，須遵守為期 22 個月的監管令。
杜啟華隨後報讀英國一大學的法律學士課程，獲有條件取錄，遂向懲教署監管個案覆檢委員會申請本月離港赴英但被拒。杜不服決定提司法覆核，原排期 8 月 14 日聆訊，現時司法機構網頁顯示，該案無聆訊排期。
杜向《法庭線》確認，已撤回司法覆核申請，但指難明言原因，「好多嘢答你唔到」。就懲教署拒批杜啟華離港，是否與國安委決定有關，《法庭線》分別向律政司、懲教署查詢，均獲回覆不評論個別案件。
懲教署另指，一直依法和公正地執行監管令，以確保釋囚遵從監管令所有條件、改過自新及重新融入社會，保護公眾人士免遭罪犯嚴重傷害，並確保有效維護國家安全。
1 Aug 2025集誌社#7132
國安拘捕｜43 歲男被指要脅傳媒 登支援國安通緝者網站報道 否則燒辦公室
The Police National Security Department yesterday (July 31) arrested a 43-year-old local man surnamed Tse on suspicion of "offences related to seditious intent" and "criminal intimidation". Police said the man sent letters threatening media organisations, demanding that they publish reports about a website claiming to support people wanted for national security offences, or he would set fire to and destroy their offices.
警方國安處昨（ 7 月 31 日）拘捕一名 43 歲姓謝本地男子，涉嫌「煽動意圖的相關罪行」及「刑事恐嚇」。警方指，該名男子寄信要脅傳媒刊登涉及一個聲稱支援國安通緝犯的網站，否則會縱火燒毀傳媒辦公室。
31 Jul 2025獨媒#7121
的士司機疑遭警員箍頸後亡 陪審團再裁非法被殺 鄧炳強：研究判詞再作行動
Taxi driver Chan Fai-wong was arrested in 2012 over a dispute with a passenger. During the incident, he was allegedly put in a chokehold by police officer Lam Wai-wing and taken to a police vehicle. He subsequently suffered displacement of the cervical vertebrae, developed bronchitis while receiving hospital treatment and eventually died. At an inquest, the jury today again returned a verdict of unlawful killing. Asked whether police would reopen the investigation, Secretary for Security Chris Tang said he had noted the relevant judgment in the case and that the authorities would study the judgment before taking further action.
Chris Tang met reporters after chairing a Fight Crime Committee meeting in the afternoon, with several media organisations focusing on the incident. TVB News asked Chris Tang whether police would reopen the investigation, whether the police officer involved at the time was still serving in the force and whether he would be suspended.
的士司機陳輝旺2012年因牽涉乘客糾紛而被捕，期間疑被警員林偉榮箍頸帶上警車，事後頸椎移位，留醫期間患上支氣管炎最終死亡，死因庭召開死因聆訊，陪審團今日再次裁決斷死者為「非法被殺」。被問到警方會否重啟調查，保安局局長鄧炳強回應表示，已留意到案件的相關判決，當局將研究判詞再採取下一步行動。
鄧炳強下午主持撲滅罪行委員會會議後見記者，多間傳媒都關注事件。《無綫新聞》問鄧炳強，警方會否重啟調查，及當年的涉事警員是否仍在警隊工作，會否被停職。
31 Jul 2025法庭線#7122
青年被控中港城男廁寫煽動字句 高院准保釋、父接離開 外出須父或母陪伴
An 18-year-old man was accused of writing seditious words on three occasions in a men’s toilet at China Hong Kong City in Tsim Sha Tsui in July this year. He was charged with one count of sedition and three counts of criminal damage, and remanded in custody pending trial. He applied for bail at the High Court on Thursday (31st) and was granted bail.
In the judgment, High Court judge Susana Maria D'Almada Remedios disclosed that the defendant had just completed his DSE examinations this year. The defence submitted letters from, among others, a secondary-school social worker, confirming that he had been advised several years ago to undergo a psychiatric assessment. It said his background indicated that it was extremely unlikely he would continue to engage in acts endangering national security. The Department of Justice opposed bail, arguing that the evidence in the case was strong and that, as the defendant intended to seek help from a psychiatrist, he should be remanded in custody for his protection.
After hearing the submissions, the judge said there were sufficient grounds to believe that the defendant would not continue to engage in acts endangering national security, based on the commitments by the defendant and his family to seek medical treatment and compliance with multiple conditions. The judge also rejected the Department of Justice’s argument that the defendant should be remanded for his protection and granted bail. The defendant’s mother wept when she heard the decision in court, and the defendant left the court in the afternoon accompanied by his father.
18 歲青年被指今年 7 月，三度於尖沙咀中港城男洗手間內，寫上煽動字句，被控一項煽動罪及 3 項「刑事毀壞」罪，還押候訊。他周四（31 日）在高等法院申請保釋，獲得批准。
高院法官李素蘭在判詞透露，被告今年剛完成 DSE 考試，辯方呈交中學社工等信件，確認數年前曾建議他接受精神科評估，指其背景反映極不可能繼續做出危害國安行為；律政司一方則反對，指本案證據強而有力，而被告有意尋求精神科醫生協助，出於保護應將其收押。
法官聽取陳詞後指，基於被告及家人承諾求醫，以及遵受多項條件，有充足理由相信其不會繼續做出危害國安行為，亦不接納律政司指為保護被告應將其還押，遂批准保釋。被告母親庭上聞訊落淚，而被告下午由父親陪伴一同離開法院。
30 Jul 2025法庭線#7114
反恐第二案｜辯方結案：警拘捕次被告後手機沒轉飛行模式 涉案TG訊息或被更改
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment. The Telegram channel “Ninety-Two Divinations” “九十二籤” subsequently claimed responsibility. Seven people were charged with offences under the Terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 146th day on Wednesday (30th).
2020 年初，明愛醫院、羅湖港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周三（30 日）於高院踏入第 146 天審訊。
次被告李嘉濱的兩名代表大律師完成結案陳詞。辯方指，李嘉濱沒參與涉案的串謀計劃。控方依賴 TG 訊息指控李，但警員拘捕李後檢取他的手機，沒有立即轉為飛行模式，而拘捕後兩日，警員才開始擷取手機訊息，但第三日李的手機仍收到訊息，代表收到數據。
辯方亦引述控方專家證人的供詞，指 TG 有「多重登入」的功能，指在李被捕後，可能有人從其他裝置修改涉案的 TG 訊息，證據或受干擾。案件 8 月 6 日續審，第三被告吳子樂一方將開始結案陳詞。
Translations are supplied by the source workbook. Consult the original reporting for context.
