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。
1 Apr 2025法庭線#6640
23條｜男子認行人天橋升降機門寫「台獨」等囚10月 官指需嚴懲免仿效
A 53-year-old man was accused of writing “Xi Winnie is the Murder King of ‘End China’”, “the communist bandit dogs’ masturbation song is rubbish”, “the communist bandits have collapsed” and “Taiwan independence” on the doors of pedestrian footbridge lifts in the Wan Chai area in 2024. He was charged with eight counts of criminal damage and one count of the “new sedition offence”. On Tuesday (1 April), he pleaded guilty at the West Kowloon Magistrates’ Courts to five offences, including the “new sedition offence”, and was sentenced to 10 months’ imprisonment.
The facts of the case stated that the defendant admitted the offences under caution. He had vented his dissatisfaction with the verdicts in the “47-person case” and the “721 case”, and believed that Hong Kong currently had no democracy or freedom. He did not want Taiwan to become like Hong Kong. Chief Magistrate Suen Hui-der said the words involved the country’s leaders, cursed the central regime and denigrated the national anthem, which represents national dignity. To prevent conduct endangering national security, a severe sentence was necessary to deter others from imitating him and to prevent undercurrents from emerging in a society that was becoming more peaceful.
53 歲男子被指 2024 年，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，被控 8 項刑事損壞罪及 1 項「新煽動罪」，周二（4 月 1 日）在西九龍裁判法院承認包括「新煽動罪」在內的 5 罪，判囚 10 月。
案情提到，被告警誡下承認犯案，宣洩對「47 人案」、「721 案」判決不滿，又認為香港現時沒有民主、自由，不想台灣像香港一樣。總裁判官蘇惠德指，涉案字眼與國家領導人有關，又咒罵中央政權、貶低代表民族尊嚴的國歌，為了防範危害國安行為，要在刑罰上從嚴，避免他人仿效、為轉趨平和的社會帶來暗湧。
3 Mar 2025法庭線#4586
23條首宗司法覆核｜馬俊文敗訴原毋須支付訟費 法庭改下令支付一半訟費
Ma Chun-man, nicknamed the “Second-generation Captain America”, was convicted of inciting secession after allegedly shouting pro-Hong Kong independence slogans on multiple occasions and sentenced to five years in prison. He was originally due to be released early in March this year for good behaviour, but was unable to secure early release under the new “Article 23” arrangements. In December last year, High Court Judge Li Wan-tang dismissed Ma’s judicial review application but ruled that, as the case involved the public interest, he did not have to pay the legal costs.
The Correctional Services Department challenged the decision and applied to vary the costs order. In a judgment handed down on Monday (the 3rd), Judge Li Wan-tang said that although Ma’s side had advanced seven grounds, leave had been granted on only one, the court had nevertheless spent a certain amount of time dealing with the matter. He therefore decided to vary the order, directing Ma Chun-man to pay half of the legal costs of the judicial review, as well as the department’s full costs for the application to vary the order.
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，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。高院法官李運騰去年 12 月駁回馬的司法覆核申請，但認為本案涉公眾利益，下令毋須支付訟費。
懲教署一方不服決定，要求更改訟費命令。法官李運騰周一（3 日）頒判詞指，雖然馬一方提出 7 項理據，只有一項獲批許可，但法庭亦花費了一定時間處理，決定更改命令，下令馬俊文支付司法覆核一半訟費，以及署方是次申請更改命令的全數訟費。
27 Feb 2025法庭線#4574
23條｜社民連前成員涉Threads等發煽動帖文 辯方再申押後待「快必案」裁決
The 57-year-old former League of Social Democrats member Kim Ho Chow is accused of publishing seditious messages on Facebook, Instagram and Threads between March and November 2024. The content reportedly included “hatred of the Chinese Communist Party”, “Taiwan independence” and “revolution”. The defendant faces a charge under the Safeguarding National Security Ordinance of knowingly publishing a publication with a seditious intention.
The case returned to the West Kowloon Magistrates’ Courts on Thursday (27th). The defence again applied for an adjournment pending the Court of Final Appeal’s ruling in the “Tam Tak-chi sedition case”, before deciding on the defendant’s plea. Chief Magistrate So Wai-tak provisionally adjourned the case to April 28 for the plea. The defendant did not apply for bail and was remanded in custody.
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 發布煽動訊息，據了解內容包括「仇恨中共」、「台獨」、「革命」，被控《維護國安條例》下的「明知而發布具煽動意圖的刊物」罪。
案件周四（27 日）在西九龍裁判法院再訊。辯方再申請押後，以待「譚得志煽動案」的終院裁決結果，再決定答辯意向。總裁判官蘇惠德暫定把案件押後至 4 月 28 日再作答辯，被告沒有保釋申請，繼續還押。
6 Dec 2024法庭線#4334
23條首宗司法覆核｜馬俊文指行為良好不獲提早釋放 官裁定敗訴
Ma Chun-man, nicknamed the “second-generation Captain America”, was convicted of “incitement to secession” and sentenced to five years in prison after allegedly repeatedly shouting slogans advocating Hong Kong independence. Ma was originally due to be released early in March this year after a remission for good behaviour. However, under the new arrangements under Article 23, he was not released early and his sentence was extended until November 2025 at the latest. Ma applied for judicial review, challenging the arrangement. High Court Judge Lee Yuntong ruled against him on Friday (the 6th).
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。馬俊文不滿安排入稟申請司法覆核，高院法官李運騰周五（6 日）裁定他敗訴。
判詞指，針對提早釋放馬俊文會否危害國安的問題，即使從普通法的角度來看，法庭應充分考慮國安委的意見，並「遵從（defer to）」行政機關的判斷。
至於申請方強調，囚犯對行為良好提早獲釋有合理期望，判詞指申請方沒解釋「合理期望」如何影響國安評估，反駁指「恕我直言，我看不出根據懲教署以往做法，即一名囚犯對提早釋放有『合理期望』，如何增加或減少因提早釋放而可能產生的國安風險」，批評理據缺乏實質內容（This ground is plainly devoid of substance）。
13 Nov 2024集誌社#4228
新煽動罪｜前社民連成員被指社交平台發布煽動訊息 申保釋被拒
57-year-old man Kim Ho Chow was charged today (13th) with one count of “knowingly publishing a publication with seditious intention”, making it the fourth “new sedition offence” case since Article 23. The defendant was accused of posting seditious messages on Facebook, Instagram and Threads. It is understood that the content involved Gwong Si, Taiwan independence and overthrowing China, among other matters.
The case was brought before West Kowloon Magistrates’ Courts in the afternoon. The prosecution applied to adjourn the case for further investigation, saying that “there may possibly be other charges”. The magistrate rejected the defence’s bail application and adjourned the case until 30 December for a further hearing. Records show that the defendant was a former member of the League of Social Democrats.
57 歲男子周劍豪，今（13日）被控一項「明知而發佈具煽動意圖的刊物罪」，是 23 條後第四宗「新煽動罪」案；被告被指涉在社交平台 Facebook、IG 和 Threads 發佈煽動訊息，據了解內容涉及光時、台灣獨立、推翻中國等。
案件下午在西九龍裁判法院提堂，控方申請押後案件作進一步調查，稱「或可能有其他控罪」；法官拒絕辯方的保釋申請，押後案件至 12 月 30 日再訊。翻查資料，被告為前社民連成員。
13 Nov 2024法庭線#4233
23條｜涉FB、IG、Threads發煽動帖文 男子被控新煽動罪 申保釋被拒
A 57-year-old man was accused of posting messages with seditious intent on Facebook, Instagram and Threads between March and November this year. The posts allegedly included inciting others to foster hatred of the central government and the Hong Kong government, and advocating violence. The content was understood to involve “hatred of the Chinese Communist Party”, “Taiwan independence” and “revolution”. He was charged under the Safeguarding National Security Ordinance with knowingly publishing a publication with a seditious intention.
The case came before the West Kowloon Magistrates’ Courts for the first time on Wednesday (13th). The prosecution applied for the defendant not to be required to enter a plea. The defence’s bail application was refused. Chief Magistrate So Wai-tak adjourned the case to 30 December for further police investigation into the defendant’s tablet and mobile phone data, “or there may be other charges”. The defendant was remanded in custody. According to records, the defendant was a former member of the League of Social Democrats.
57 歲男子被指今年 3 月至 11 月期間，在 Facebook、Instagram 及 Threads 發布具煽動意圖訊息，包括煽動他人引起對中央及港府憎恨、鼓吹暴力，據了解內容涉「仇恨中共」、「台獨」、「革命」，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（13 日）在西九龍裁判法院首度提堂，控方申請毋須答辯。辯方申請保釋被拒。總裁判官蘇惠德押至 12 月 30 日再訊，候警方進一步調查被告的平板電腦、手提電話資料，「或者可能有其他控罪」。被告還押。翻查資料，被告為前社民連成員。
23 Oct 2024法庭線#4172
23條首宗司法覆核｜庭上透露馬俊文被指「與黑暴人士聯繫」 懲教稱須考慮國安委判斷
Ma Chun-man, nicknamed the “second-generation Captain America”, was convicted of “inciting secession” and sentenced to five years in prison after allegedly shouting Hong Kong independence slogans on multiple occasions. He was originally due to be released early in March this year for good behaviour, but under the new “Article 23” arrangements he was not released early and will remain in prison until the expiry of his sentence in November 2025 at the latest.
Dissatisfied with the arrangement, Ma filed for judicial review. The hearing continued at the High Court on Wednesday (23rd). Ma’s side disclosed that the committee’s written explanation said there was “information indicating that Ma Chun-man had links with black-violence figures”, but gave no details. Ma had only one day in prison to consider whether to make representations and was unable to seek legal advice, which was described as leaving him “unable to fight back”.
The Correctional Services Department said Ma had admitted in his representations that he had written Hong Kong independence slogans in his cell. It also said his statement that the “risk of endangering national security had gradually decreased” after he saw a psychologist showed that he knew the committee’s considerations involved a national security assessment. The department stressed that the National Security Committee had made a determination in the case and that its decision could not be challenged by judicial review. Therefore, even if the applicant succeeded, the Commissioner of Correctional Services would still have to consider the National Security Committee’s determination. Judge Li Wan-tang reserved judgment.
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。
馬俊文不滿安排，入稟申請司法覆核，周三（23 日）在高等法院續審。馬一方透露，委員會書面解釋指「有資料顯示馬俊文與黑暴人士有聯繫」，惟沒有交代詳情，而馬在獄中只有一日考慮是否申述，亦不能索取法律意見，形容是「無法反抗」。
懲教署一方則指，馬在申述書承認曾於囚室寫港獨標語，又指見心理醫生後「危害國安風險日漸減少」，反映他知悉委員會的考慮涉國安評估。懲教方又強調，國安委曾就本案作判斷，其決定不容司法覆核挑戰，故即使申請方勝訴，懲教署長仍須考慮國安委判斷。法官李運騰擇日頒判決。
20 Sept 2024集誌社#4063
新煽動罪｜網上發「共產黨下台」等訊息判囚14個月 法官：66 個讚好「非完全沒網民注意」
The new sedition offence under Article 23 came into force in March and carries a maximum sentence of seven years’ imprisonment. Following the sentencing yesterday (19th) in the first two cases involving a “seditious intention” offence, the court today (20th) heard another case involving knowingly publishing publications with a seditious intention. A 58-year-old man was charged with posting messages on social media including “Down with the Communist Party, peace will prevail” and “If people do not oppose communism, they cut themselves off from heaven and earth”. More than 200 posts were involved, including reposted content. The defendant pleaded guilty at the West Kowloon Magistrates’ Courts and was sentenced to 14 months’ imprisonment.
The defence submitted that the defendant’s four social media accounts had only 20 followers and that his posts received no response. However, when sentencing, the judge said the more than 200 messages posted by the defendant had attracted 66 likes and that it was “not that no netizens noticed”. The judge also said the content was repetitive and rather monotonous, “but because it was repeated incessantly, it created a brainwashing effect and made it easy to implant ideas in other people’s minds.”
23 條下的新煽動罪，今年三月生效，罪成最高可判處七年監禁；較昨日（19日）法庭就首兩宗涉「煽動意圖」罪案件判刑，法庭今（20）再審理一宗「明知而發布具煽動意圖的刊物」案件。一名 58 歲男士被控在社交平台發佈「共產黨下台，天下太平」、「人不反共，自絕天地」等字句，涉逾 200 則帖文，當中包含轉發內容。被告在西九龍裁判法院認罪，被判囚 14 個月。
辯方陳詞指被告的四個社交媒體帳戶，只有 20 名追隨者、其帖文沒有迴響。惟法官判刑時指，被告發布的 200 多段訊息吸引了 66 個「讚好」，「並非完全沒有網民注意」；又指有關內容重重複複，頗為單調，「但因不停重複，形成洗腦式的效果，容易把思想植入別人的腦海中。」
20 Sept 2024法庭線#4064
23條｜新煽動罪第三案判刑 男子網上提「革命無罪」認罪判囚14個月
About six months after Article 23 took effect, records by The Witness show that there have been three prosecution cases under the new sedition offence. In one of them, a 58-year-old man was accused of posting statements or photographs, including “Revolution is guiltless; rebellion is justified”, on YouTube and other online platforms between March and June this year. He pleaded guilty on Friday (the 20th) and was sentenced to 14 months in prison, making this the third sentencing under the new offence.
Defence counsel Steven Kwan had initially intended to challenge the constitutionality of the charge, but said the defendant changed his plea to guilty after leave to appeal to the Court of Final Appeal on the same issue was refused in the Tam Tak-chi case. The defence maintained that an increase in the maximum penalty for the new sedition offence did not mean the sentence should rise accordingly. It also argued that the new sedition offence was not a preventive offence and that the court must consider the actual outcome of the incitement when determining the sentence.
Chief Magistrate So Wai-tak, who is handling all three cases under the new sedition offence, maintained his view that the more severe penalty strengthened its preventive effect, setting 18 months’ imprisonment as the sentencing starting point. A comparison by The Witness found that this sentencing level was the same as in the Tam Tak-chi case under the former offence.
23 條生效約半年，按《法庭線》紀錄現有 3 宗新煽動罪的起訴個案。其中，58 歲男子涉在今年 3 月 至 6 月在 YouTube 等網上平台發布包括「革命無罪造反有理」等陳述或相片，他周五（20 日）認罪，被判囚 14 個月，是新罪第三宗判刑。
辯方大狀關文渭原擬爭議控罪合憲性，但稱因「譚得志案」就同一議題被拒批終極上訴許可，本案被告因而改為認罪，同時續主張新煽動罪最高刑罰調高，不等於要量刑隨之而增加，另又提出新煽動罪非預防性罪行，法庭須看實際煽惑結果考慮判刑。
同時負責新煽動罪 3 案的總裁判官蘇惠德維持看法，即更嚴峻的刑罰強化了預防性，以判囚 18 個月為量刑起點。《法庭線》比較發現，該量刑水平與舊罪譚得志案一樣。
Translations are supplied by the source workbook. Consult the original reporting for context.
