29 Dec 2023明報#2742
律政司網頁列國安法煽動罪「釋義」 附案件摘要
Nearly three and a half years after the Hong Kong National Security Law took effect, the Department of Justice yesterday published on its website “interpretations” of the National Security Law and the sedition offence, together with court cases. These include the first National Security Law case, involving Tong Ying-kit, and the first case involving seditious publications since the handover, the Sheep Village picture books case. The website also includes cases involving Apple Daily founder Jimmy Lai, who was accused of conspiring to collude with foreign forces and had repeatedly sought judicial reviews challenging police warrants and decisions by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region. The Department of Justice said that since the National Security Law was promulgated and implemented, all court judgments in national security cases had been announced publicly, and that the website would provide a practical tool for promoting national security education.
《港區國安法》至今生效近3年半，律政司昨在網頁發表國安法和煽動罪的「釋義」及法庭案件，涵蓋國安法首案「唐英傑案」，以及回歸後首宗煽動刊物案「羊村繪本案」。此外，被指串謀勾結外國勢力的壹傳媒創辦人黎智英，曾多次提出司法覆核挑戰警方手令和國安委決定，案件亦納入律政司網頁列表。律政司表示，國安法公布實施以來，所有國安案件的法庭判決均公開宣布，網頁會為推廣國安教育提供實用工具。
29 Dec 2023集誌社#2743
煽動罪整合｜近三年最少拘 86 人 逾半被起訴 30 人涉網上言論
The Collective compiled media reports showing that, from March 2020 to the present, police arrested at least 86 people for sedition under the Ordinance. Thirty were accused of posting seditious content online, including Kess and Tommy Yuen Man-on. Another 27 were accused of acts with seditious intent, including Koo Sze-yiu being arrested twice over plans to stage protests, a court observer applauding in court, and people commemorating the June 4 incident. Of the 44 people prosecuted, the cases of 36 have concluded with convictions. Two were sentenced to a rehabilitation centre and a training centre, while the remaining sentences ranged from a minimum of two months to a maximum of 21 months.
《集誌社》整合傳媒報道，由 2020 年 3 月至今，警方以《條例》下煽動罪最少拘捕 86 人，其中 30 人被指涉在網上發布煽動言論，如傑斯、阮民安等；有 27 人被指涉煽動意圖行為，包括古思堯兩度擬示威而被捕、旁聽師庭上拍手、以及悼念六四人士等均以此名拘捕。而在被起訴的 44 人中，36 人案件已審結全告罪成，其中兩人被判入更生中心及教導所，其餘判刑由最低兩個月到最高 21 個月。
29 Dec 2023獨媒#2748
警方：周庭未依時報到 譴責畏罪潛逃的羞恥行為
Former Demosisto member Agnes Chow was arrested in August 2020 on suspicion of contravening the National Security Law offence of “collusion with a foreign country or with external elements to endanger national security”. During the period, she was sentenced to imprisonment over the besieging of the government headquarters on 21 June 2019. After serving her sentence, she remained on police bail and went to Canada this year to pursue her studies. She announced in December that she would not return to Hong Kong. Yesterday (28 December) was the date on which Chow was due to report to a police station. Police said she had failed to report on time, breaching her bail conditions, and “strongly condemn this shameful act of absconding to evade justice, and will make every effort to pursue her in accordance with the law.”
前香港眾志成員周庭，在2020年8月曾指涉違反國安法「勾結外國或境外勢力危害國家安全罪」被捕，期間曾因2019年6月21日包圍政總被判入獄。出獄後續獲警方保釋、今年到加拿大升學的她，在今年12月宣布不會回港。昨日（12月28日）是周庭原定到警署報到的日子，警方表示她沒有依時報到，違反保釋條件，「嚴厲譴責這畏罪潛逃的羞恥行為，並會全力依法追捕」。
28 Dec 2023獨媒#2739
【光城者案】涉策劃炸法院 3青年判監2年半至6年 24歲司機獲撤控 曾還柙1年3個月 23歲男生認串謀導致炸彈罪 控方透露原為控方證人 及後誤導警方始被起訴
Eight men and women were accused of plotting to place bombs at public facilities including courts, police headquarters and government buildings. The alleged mastermind, a 19-year-old man, earlier pleaded guilty to conspiracy to commit terrorist activities and was sentenced to six years in prison. Another defendant, a 23-year-old male student and former member of Student Politicism, pleaded guilty today (28th) to conspiracy to cause an explosion likely to endanger life or property and was also sentenced to six years. A Form Six female student who was a member of Radiant, introduced the two men to each other and discussed the plan with them, was sentenced to two and a half years in prison. The prosecution applied to terminate proceedings against the remaining defendant, a 24-year-old male driver. The application was approved by Li Yunteng, a judge designated under the National Security Law, and the man was released in court. He was the first National Security Law defendant to have the prosecution withdrawn. Records show that he had been remanded for about one year and three months.
8男女被指策劃在法院、警察總部及政府大樓等公共設施放置炸彈，案中主腦、19歲青年早前承認「串謀恐怖活動」罪，另一名「賢學思政」前成員、23歲男學生則於今日（28日）承認「串謀導致相當可能危害生命或財產的爆炸」罪，二人各被判監6年。一名「光城者」成員、中六女生曾介紹上述二人互相認識及商討計劃，則被判監2年半。餘下一名24歲男司機，控方向法庭申請終止檢控程序，獲《國安法》指定法官李運騰批准，當庭釋放，為首位獲撤控的國安法被告。翻查資料，他曾還柙約1年3個月。
27 Dec 2023法庭線#2734
古思堯擬區選前到選舉事務處抗議 被控企圖煽動 保釋覆核被拒續還押
Veteran activist Ko Siu-yau planned to go to the Registration and Electoral Office before the District Council election in early December 2023 to protest that the pro-democracy camp could not take part in the election. He was arrested by the police National Security Department on the same day and charged with one count of “attempting to do or prepare to do an act with a seditious intention”.
The case was heard at the West Kowloon Magistrates’ Courts on Wednesday (27 December) for a bail review. Ko represented himself without a lawyer. After hearing submissions, So Wai-tak, the Chief Magistrate and a designated judge under the National Security Law, rejected his bail application, and Ko was remanded in custody. He reserved his right to seek a further bail review within eight days. The review will take place again on 4 January 2024, while his case will return to court on 10 January.
社運老將古思堯於 2023 年 12 月初區選前，擬前往選舉事務處辦公室，抗議民主派不能參與區選。他同日遭警方國安處拘捕，被落案起訴一項「企圖作出或準備作出具煽動意圖的作為」罪。
案件周三（27 日）在西九龍裁判法院進行保釋覆核，古思堯沒律師代表，自行應訊。《國安法》指定法官、總裁判官蘇惠德聽取陳詞後，拒絕其擔保，古續須還押。他保留 8 天保釋覆核權，將於 2024 年 1 月 4 日再作保釋覆核；其案件則於 1 月 10 日再訊。
22 Dec 2023法庭線#2719
國安法三年半．審訊判刑篇｜沒陪審、聘海外狀須獲證明、認罪減刑受限下的新式審訊
The Hong Kong National Security Law introduced special criminal procedures, which defendants have challenged through judicial reviews and appeals. The Stand News整理 the disputes and impact over the past three and a half years, as well as the “new-style trials” in national security cases gradually established through court rulings and interpretations by the Standing Committee of the National People’s Congress.
Of the 14 national security cases prosecuted to date, four were heard in the High Court with the defendants pleading not guilty. Tong Ying-kit twice failed in his challenges over the Secretary for Justice’s power to direct that a case be tried without a jury; the Court of Appeal ruled that the prosecution’s decision was not subject to intervention. In all four cases, the Secretary for Justice issued directions for them to be heard by three designated judges, stating that this “absolutely does not diminish any lawful rights of the defendants”.
The High Court approved Jimmy Lai’s application to engage British King’s Counsel Tim Owen to represent the defence. After two unsuccessful appeals by the Department of Justice, the Standing Committee of the National People’s Congress issued an interpretation stating that the court should obtain a certificate from the Chief Executive. The Lai case has gone to trial, but Tim Owen ultimately did not join the defence team.
The National Security Law also introduced graded sentencing and specified sentence ranges. After Lui Sai Yu twice failed in appeals, the Court of Final Appeal ruled that a sentence reduction for a guilty plea could not go below the statutory minimum. The four defendants in Lui’s case were among those who, after pleading guilty, did not receive the full reduction and were sentenced to between five years and five years and three months in prison.
《香港國安法》引入專有刑事訴訟程序，被告曾透過司法覆核或上訴挑戰。《法庭線》整理 3 年半以來的爭議及影響，以及經由法院裁決及人大釋法逐步確立的國安案「新式審訊」。
至今 14 宗已起訴的國安案中，有 4 宗在高院審理而被告不認罪。就律政司長可指示不設陪審團，唐英傑兩度挑戰失敗；上訴庭指檢控決定不受干預。而該 4 宗案，律政司長都已發指示，由 3 名指定法官審理，又指安排「絕無減損被告人的任何合法權益」。
黎智英獲高院批准聘英國御用大狀 Tim Owen 代表抗辯，律政司兩度上訴失敗後，人大常委會釋法，指法院應向特首取得證明書。黎案已開審，Tim Owen 最終沒加入辯方團隊。
《國安法》亦引入分級量刑，並指定刑期範圍。呂世瑜兩度上訴失敗，終院裁定認罪減刑不可超出條文下限；包括呂的 4 名被告，認罪後均未能獲全數扣減，被判囚 5 年至 5 年 3 個月。
22 Dec 2023法庭線#2720
國安法三年半．案件一覽｜91個被指控危害國安的人 在法庭上面對甚麼罪狀？
The National Security Law has been in force in Hong Kong for nearly three and a half years. A total of 14 national security offence cases have been prosecuted, involving 91 defendants. They have been accused of advocating “Hong Kong independence”, requesting foreign sanctions, conspiring to indiscriminately veto the budget, advocating “ending one-party dictatorship”, planning to plant bombs, and inciting armed revolution and insurrection, among other acts and speech alleged to endanger national security.
The 14 cases are at different stages of judicial proceedings. Some defendants were convicted after trial and sentenced to nine years’ imprisonment; some pleaded guilty but did not receive the full reduction in sentence because of the minimum sentencing requirements; some had been remanded in custody for more than 1,000 days before their trials began; and some refused to accept restrictions on their speech and relinquished bail even after being granted it. Some successfully had reporting restrictions lifted, allowing details of the trial proceedings to be made public; others have completed their sentences and regained their freedom.
The Witness has compiled the case details and important issues arising from the court proceedings, enabling readers to follow the background and progress of each case.
《國安法》 在港實施至今快將 3 年半，已起訴的國安罪行案件共有 14 宗，涉及 91 名被告。他們被指控鼓吹「港獨」、請求外國制裁、串謀無差別否決預算案、提倡「結束一黨專政」、策劃放置炸彈，以及煽惑武裝革命和起義等，言行危害國家安全。
14 宗案件正處司法程序的不同階段，有人經審訊被裁定罪成，重囚 9 年；有人認罪惟受刑期下限所限，未獲全數減刑；有人於開審前已還押逾千日；有人拒絕接受言論受限，即使獲准保釋亦放棄。有人成功撤銷報道限制，讓審訊程序的內容曝光；有人已服刑完畢，重獲自由。
《法庭線》整理案情，以及法庭程序牽涉的重要議題，讓讀者掌握各案的背景和進展。
22 Dec 2023法庭線#2721
黎智英案第三日審訊 高院裁「串謀發布煽動刊物罪」控方檢控沒逾時
Media tycoon Jimmy Lai Chee-ying and three companies associated with Apple Daily have been charged with offences including conspiracy to collude with foreign forces. The prosecution and defence had earlier disputed the time limit for prosecuting the charge of conspiracy to publish seditious publications. After hearing submissions from both sides, three judges ruled on Friday (22nd) at the West Kowloon Magistrates’ Courts, sitting as the High Court, that the prosecution was not out of time. The case was adjourned to 2 January next year, when opening submissions are expected to be read out.
The judgment said the sedition charge in this case was a conspiracy charge, and the defendants were alleged to have committed the offence continuously. The time limit for prosecution should therefore be calculated from the last date of the alleged conspiracy, namely 24 June 2021.
The judges also held that when the prosecution wrote to the court on 13 December 2021 stating its intention to add the charge, and the court received the new charge sheet and the Secretary for Justice’s consent to the prosecution the following day, prosecution of the sedition charge had “begun”. This was before the time limit expired on 24 December of the same year. Overall, the court found that the prosecution had not become time-barred and that it had jurisdiction to hear the sedition charge.
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。控、辯雙方早前爭議「串謀發布煽動刊物罪」的檢控時限。3 名法官聽畢雙方陳詞，周五（22 日）在西九龍裁判法院（暫代高等法院）裁定控方檢控沒逾時，案件押至明年 1 月 2 日續審，料讀出開案陳詞。
判詞指，本案煽動罪是串謀控罪，被告被指持續犯案，因此其檢控時限應由指稱串謀的最後日期，即 2021 年 6 月 24 日才開始計算。
法官又認為，當控方於 2021 年 12 月 13 日去信法院表示有意加控，而法院於翌日收到新控罪書及律政司司長同意檢控書等文件，該項煽動罪的檢控已「開始進行」，所以較時限屆滿之日、即同年 12 月 24 日為早。總括而言，法庭認為檢控並未喪失時效，法庭有司法管轄權審理煽動罪。
21 Dec 2023法庭線#2704
支聯會被指煽動顛覆案 鄒幸彤高院申保釋被拒 案件料2024下半年開審
The case against the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chair and vice-chairs Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, who are accused of incitement to subversion of state power, has been transferred to the High Court. No formal trial date has yet been set. Chow, who has been remanded in custody for more than two years, applied for bail at the High Court for the first time. After hearing submissions from both sides on Thursday (21st), the National Security Law-designated judge Andrew Hing Wai Chan rejected Chow’s application, finding insufficient grounds to believe that she would not continue to engage in acts endangering national security.
Reporting restrictions on the bail proceedings were lifted. The defence said the Alliance’s “Five-Point Programme”, which it had followed for 30 years, aimed to democratise China, and that the prosecution could not focus only on “ending one-party rule” while ignoring “building a democratic China”. The defence said the Alliance’s activities had continued for many years, while China had nevertheless grown increasingly prosperous and powerful, with no indication that they threatened national security.
The defence also disclosed that Chow intended to defend herself in person and would call a Chinese constitutional law expert as an expert witness, hoping to be released on bail so she could communicate with the expert. The prosecution opposed the application, saying Chow had received 429 visits from friends and relatives and 62 visits from lawyers while in custody, and that it did not consider her unable to prepare her case in detention. The judge also revealed in court that the trial was expected to begin in the second half of 2024.
支聯會及其前正、副主席李卓人、何俊仁及鄒幸彤被指「煽動顛覆國家政權」案，已交付高等法院處理，尚未有正式開審日期。還押逾兩年的鄒幸彤首次向高等法院申請保釋。《國安法》指定法官陳慶偉周四（21 日）聽取控辯雙方陳詞後，認為沒足夠理由相信，被告不會繼續實施危害國家安全的行為，拒絕鄒幸彤的申請。
本案獲批解除保釋報道限制。辯方表示，支聯會沿用 30 年的「五大綱領」，旨在中國民主化，控方不能僅針對「結束一黨專政」，忽略「建設民主中國」。而支聯會行為已持續多年，中國仍日漸堀起、強大，沒有跡象危及國安。
辯方又透露，鄒幸彤擬親自抗辯，會傳召中國憲法專家任專家證人，望能保釋外出與專家溝通。控方則反對指，還押期間鄒幸彤錄得 429 次親友探訪，及 62 次律師探訪，不認為她未能在羈留下準備案件。法官另在庭上透露，本案預料 2024 年下半年開審。
21 Dec 2023法庭線#2709
國安法三年半．拘捕檢控篇｜交護照、拒保釋、禁言 針對嫌疑人布下的天羅地網
In June 2020, the Standing Committee of the National People’s Congress passed the Hong Kong National Security Law, which the Hong Kong government gazetted and implemented that same night. Hong Kong entered a “new era of national security”: safeguarding national security became a priority, while acts endangering national security became serious offences, with the government devoting every effort to preventing, suppressing and punishing them. Nearly three and a half years later, more than 280 people have been arrested for allegedly endangering national security.
The Court of First Instance Line’s statistics show that at least 164 of them were arrested or prosecuted on charges under the National Security Law. After becoming suspects, they faced close restrictions. For example, they were barred from leaving Hong Kong while on bail pending investigation, in some cases for years. After being charged, courts considered bail applications under a strict threshold; even when bail was granted, relatively onerous conditions were imposed, such as prohibiting speech on social media. Jimmy Lai, who was granted bail at one point, was also barred from leaving his residence. Sixty-four people remained in custody throughout, losing their personal liberty, and more than half had been remanded for over 1,000 days by then.
The United Nations Human Rights Committee has expressed concern that the application of the National Security Law and its implementation rules inappropriately restrict rights under the International Covenant on Civil and Political Rights. The Hong Kong government issued a lengthy rebuttal, stating that in formulating the National Security Law it had fully considered relevant provisions, including those of the Covenant, and that the law also stipulates that safeguarding national security must respect and protect human rights.
2020 年 6 月，全國人大常委會通過《香港國安法》，港府即晚刊憲實施，香港進入「國安新時代」——維護國安成為要務，而危害國安成為嚴重罪行，政府傾盡全力防範、制止和懲治。至今快將三年半，逾 280 人被指涉嫌危害國安被捕。
《法庭線》統計，當中至少 164 人是因《國安法》罪名被捕或檢控，在成為嫌疑人後，他們受到嚴密防範，例如保釋候查期間被禁離港，時間以年計；被起訴後，法院按嚴格門檻考慮保釋申請，即使批准，亦會設下相對嚴苛的條件，例如禁社交平台言論，一度獲准保釋的黎智英亦被禁離住所。而有 64 人一直還押，失去人身自由，逾半至今已還押逾千日。
聯合國人權事務委員會曾指出，關注《國安法》的適用及實施細則不適當地限制《公民權利和政治權利國際公約》的權利。港府發長文反駁，指制定《國安法》過程中，已全面考慮包括《公約》在内的相關內容，亦訂明維護國安應當尊重和保障人權。
Translations are supplied by the source workbook. Consult the original reporting for context.
