19 Dec 2023法庭線#2692
黎智英案第二日審訊 法庭周五就控煽動罪檢控期限頒判決
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with offences including conspiracy to collude with foreign forces. The case entered its second day of hearing at the West Kowloon Magistrates’ Court, sitting as the High Court, on Tuesday (19th), with the prosecution and defence continuing submissions on a dispute over the time limit for prosecuting the charge of conspiracy to publish seditious publications. The judge adjourned the matter until Friday (22nd) for a written judgment on the dispute.
The defence said on Tuesday that lawmakers had set prosecution time limits to balance the public interest. As the case involved seditious publications, the prosecution should, in the public interest, bring charges as soon as possible to prevent the publications from continuing to circulate. It reiterated that the prosecution could not wait indefinitely before ultimately charging a series of acts as a conspiracy offence.
The prosecution argued that the criminal conduct in the case lasted more than two years, during which the defendants continued publishing articles to the public involving more than 160 seditious publications. It constituted a “continuing offence” that ended only on 24 June 2021. The prosecution’s letter to the court on 13 December that year stating its intention to add charges could already be regarded as “beginning” the prosecution, and therefore the prosecution was not out of time.
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。案件周二（19 日）在西九龍裁判法院（暫代高等法院）進行第二日審訊，控、辯雙方繼續就「串謀發布煽動刊物罪」的檢控時限爭議陳詞。法官押後至本周五（22 日）就此爭議頒下書面判決。
辯方周二補充指，立法者制定檢控時限，是為了平衡公眾利益。如本案涉及煽動刑物，控方為了公眾利益，應盡快提控，以阻止有關刊物繼續傳播，重申控方不能無了期等待，最後以「串謀」罪控告一系列行為。
控方則認為，本案的犯罪行為歷時超過兩年，被告持續向公眾發布文章，涉及超過 160 篇煽動刊物，屬「持續的犯法行為（continuing offence）」，至 2021 年 6 月 24 日才結束。而控方於同年 12 月 13 日去信法庭表示有意加控，已可視為「開始進行」檢控，故並無超出檢控時限。
19 Dec 2023光傳媒#2693
星島獨家：黎智英申海外證人視像作供被拒 法庭駁：沒有收到申請
Sing Tao Daily exclusively reported last Friday that Jimmy Lai, founder of Next Digital, had applied to give evidence by video link from overseas, but that the application had been rejected by the court. Oriental Daily News and ET Net subsequently reported the matter, while Ta Kung Wen Wei Media cited the report on Weibo and criticised Lai for attempting to internationalise the national security case. However, High Court judge Esther Toh clarified yesterday that she had not received the relevant application. As of 3pm today, Sing Tao had amended its original report, while the Weibo posts by Oriental Daily News, ET Net and Ta Kung Wen Wei Media had not been corrected.
《星島日報》上周五獨家報道，指《壹傳媒》創辦人黎智英申請海外證人視像作供，被法庭拒絕。隨後《東方日報》、《經濟通》亦有報道，《大公文匯網》就在微博引述該報道，批評黎智英試圖將國安案件國際化。不過，高等法院法官杜麗冰昨澄清，沒有收到相關申請。截至今日下午3時，《星島》已修改原來報道內容，《東方》、《經濟通》和《大公文匯網》的微博仍未改正。
18 Dec 2023獨媒#2687
卡梅倫稱黎智英案是「政治檢控」 外交部：給「勾結外部勢力」罪名再增證據
Media tycoon Jimmy Lai and three Apple companies are charged with offences including “conspiracy to collude with foreign forces” and “conspiracy to print seditious publications.” The case went on trial today. British Foreign Secretary Cameron issued a statement describing it as a “political prosecution” and urging the Hong Kong government to release Jimmy Lai and repeal the National Security Law. The Ministry of Foreign Affairs’ Office of the Commissioner in Hong Kong strongly condemned and firmly opposed Western politicians’ “fallacies concerning Hong Kong,” saying: “Apart from providing more evidence for the charge that Jimmy Lai colluded with external forces, it serves no other purpose!”
壹傳媒創辦人黎智英及3間蘋果公司被控「串謀勾結外國勢力」及「串謀刊印煽動刊物」等罪，案件今日開審。英國外相卡梅倫發聲明，形容是「政治檢控」，促港府釋放黎智英及廢除國安法。外交部駐港公署對西方政客的「涉港謬論」表示強烈譴責和堅決反對，指他們為違法犯罪者巧言開脫：「除了給黎智英勾結外部勢力的罪名再增加一些證據以外，毫無其他用處！」
18 Dec 2023法庭線#2689
黎智英案開審｜辯方指「串謀發布煽動刊物罪」逾時檢控 法庭無司法權處理
Next Digital founder Jimmy Lai and three companies related to Apple Daily are charged with conspiracy to collude with foreign forces and other offences. The case was originally scheduled to go to trial in September 2022 but was postponed twice. It opened on Monday (18th) at the West Kowloon Magistrates’ Courts, acting as the High Court. The prosecution and defence first made submissions on a dispute over the time limit for prosecuting the conspiracy to publish seditious publications charge.
The defence submitted that sedition offences could only be prosecuted within six months of the offence. As the last article involved in the case was published on 24 June 2021, the deadline should have been 24 December that year. The prosecution did not add the sedition charge until 28 December, four days beyond the time limit. The defence argued that the court had no jurisdiction to hear the case, and said that, because the case involved fundamental individual rights and press freedom, the court should interpret the law more liberally and apply stricter scrutiny to the prosecution.
The defence also referred to Section 11 of the Crimes Ordinance, which mentions the “commencement” of a prosecution. It argued that “commencement” should be determined by the moment Lai was brought before the court, rather than by the prosecution’s position that its letter to the court on 13 December 2021 expressing an intention to add the charge could be regarded as the commencement of proceedings. The case will continue on Tuesday (19th), and Lai remains remanded in custody.
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。案件原訂於 2022 年 9 月開審，經歷兩度押後，周一（18 日）在西九龍裁判法院（暫代高等法院）開審。控、辯雙方先就「串謀發布煽動刊物罪」的檢控時限爭議陳詞。
辯方首先陳詞指，煽動罪行只可於犯罪後 6 個月內作出檢控，而本案最後一篇涉案文章在 2021 年 6 月 24 日發布，期限應為同年 12 月 24 日，控方於 12 月 28 日才加控煽動罪，已超出檢控時限 4 天。辯方認為，法庭沒有司法管轄權審理，又指本案涉及基本個人權利、新聞自由，法庭應更寬鬆地詮釋法例，對控方更嚴格。
辯方另提到，《刑事罪行條例》第 11 條提到「開始進行」檢控，當中「開始」一詞，應以黎智英被帶上庭一刻為準，而非以控方所指，於 2021 年 12 月 13 日去信法庭表示有意加控，便可視為「開始」。案件周二（19 日）續審，黎智英續還押。
18 Dec 2023法庭線#2690
黎智英案開審｜法院外數十人排隊 輪候旁聽市民：言論自由精神與黎一同受審
Next Digital founder Jimmy Lai and three companies of Apple Daily have been charged with offences including “conspiracy to collude with foreign forces”. The trial opened at the West Kowloon Court on Monday (the 18th). (See separate report.) Some members of the public began queuing on Sunday night to attend the hearing. The Judiciary issued about 140 spectator tickets in its first round. One person near the front of the queue said: “There are many things standing trial together with him—newspapers, a spirit of freedom of speech… I want to be with him and hope to give him strength.”
Outside the court, anti-terrorism personnel, armoured vehicles and a large number of police officers were on standby. The National Security Department chief Kelvin Hok Lai Kong visited the scene to inspect the arrangements. “Granny Wong” was taken to the designated protest area opposite the court after waving a British Hong Kong flag in protest. Consular officials from several countries and a representative of Reporters Without Borders also queued to attend the hearing. After the court adjourned, the prison van carrying Lai left under escort, with police motorcycles leading the way and numerous police officers providing security.
In the morning, some media outlets went to a high point on a slope beside Lai Chi Kok Reception Centre to try to film Lai boarding the prison van, but a police officer “strongly advised” them to leave. Police said they had received a report of a “suspicious person”. After officers arrived and learned that the person was a reporter filming, they found no criminal element was involved and recorded the matter as a request for police investigation.
壹傳媒創辦人黎智英與《蘋果》3 間公司，被控「串謀勾結外國勢力」等罪，案件周一（18 日）在西九龍法院開審。（另見報道）有市民周日晚開始輪候旁聽，司法機構首輪派出約 140 張旁聽籌，有排在前列的市民稱「有好多嘢同佢（黎）一齊受審，報紙、一種言論自由嘅精神…想同佢一齊，希望畀到力量佢」。
法院外，反恐、裝甲車及大批警員戒備，警方國安處處長江學禮曾到場視察。「王婆婆」揮動港英旗示威，被帶到法院對面的示威區。多國領事人員、「無國界記者」的代表亦有輪候旁聽。而散庭後，載着黎的囚車，由警方電單車開路，在多名警員在旁戒備、護送下離開。
有傳媒早上到荔枝角收押所旁的斜坡高處，嘗試拍攝黎登上囚車，但有警員上山「強烈建議」離開。警方回覆指，接獲報案指「發現可疑人士」，到場後得悉為記者在拍攝，不涉刑事成份，列作求警調查。
15 Dec 2023法庭線#2674
黎智英國安案下周一開審 鄧炳強預告增警力：「旁聽師」滋擾必執法
Next Monday (18th), Jimmy Lai, founder of Next Digital, and three companies associated with Apple Daily will go on trial on a charge of “conspiracy to collude with foreign forces”. The trial is expected to last 80 days. A total of 388 public seats will be provided in the main and overflow courtrooms, and the Judiciary will distribute admission tickets 45 minutes before the hearing begins.
Secretary for Security Chris Tang said at an event on Friday (15th) that additional police officers and explosives detection dogs would patrol near the court that day, while X-ray security screening would be set up inside the court. He also said he had noted that “professional spectators” had previously harassed prosecution personnel and shouted loudly in court, while “vehicle send-off personnel” had surrounded and banged on prison vans. He warned that decisive action would be taken against anyone attempting to disrupt the trial.
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」罪，將於下周一（18 日）開審，預料審期 80 日。正庭及延伸庭共設有 388 個公眾席，司法機構將於開審 45 分鐘前派發入庭票。
保安局局長鄧炳強周五（15 日）出席活動時預告，當日會在法院附近加派警力及爆炸品搜索犬巡邏，法院內會設置 X 光機安檢。他又指，留意到曾有「旁聽師」騷擾檢控人員、在法庭大聲叫囂，「送車師」則包圍和拍打囚車，警告若有人企圖騷擾審訊，會果斷採取行動。
14 Dec 2023法庭線#2663
五旬漢涉社交媒體稱斬首習近平、李家超 認煽動罪判囚半年 官：主張分裂國家
A 58-year-old man was accused of posting seditious messages on Facebook and X (formerly Twitter). He pleaded guilty to sedition at the West Kowloon Magistrates’ Courts on Thursday (the 14th). The magistrate set a starting point of nine months’ imprisonment and sentenced him to six months after a reduction for his guilty plea.
The case stated that the defendant produced music videos accompanied by the song “Glory to Hong Kong” and seditious statements. There were 280 messages in total, including references to “beheading dictator Xi Jinping” and John Lee, as well as statements such as “kill without mercy, annihilate the evil axis, the Chinese Communist Party” and “Hong Kong’s most resolute mentally ill white-card holder, John Lee”.
The defence said in mitigation that the defendant had shown his face in the videos, had only a limited understanding of the law and did not know the seriousness of the consequences. It also said the posts had received pitifully few responses and attracted no interest from others. Chief Magistrate So Wai-tak said the defendant’s posting frequency was unusually high, and considered that he had “deeply entrenched beliefs, advocating not only the separation of the country but also glorifying violence”.
58 歲男子被指在 Facebook 及 X（前稱 Twitter）發布煽動訊息。他周四（14 日）在西九龍裁判法院承認煽動罪；官以判囚 9 個月為量刑起點，經認罪減刑後判囚半年。
案情指，被告製作音樂錄像，配以歌曲《願榮光》和煽動性言論，共 280 段訊息，包括提及「斬首獨裁者習近平」和李家超；又提到「殺無赦殲滅邪惡軸心 中國共產黨」、「香港最堅實精神病患白卡者 李家超」等。
辯方求情指，被告在涉案影片中顯示容貌，對法律一知半解，不知後果嚴重，而帖文的反應少得可憐，沒引起他人興趣。總裁判官蘇惠德指，被告發布的頻率異常地高，認為他「理念頑固，不單主張分裂國家，亦渲染暴力」。
14 Dec 2023獨媒#2671
警國安處新通緝5人 另拘4人涉訂閱捐助羅冠聰許智峯網上平台
Ten days after former Demosisto member Agnes Chow announced that she was going into exile in Canada, the police’s national security department held a press conference today and announced an updated wanted list including Cheng Man-kit, Hui Wing-ting, Laam Siu, Johnny Ka Chi Fok and Tony Ming Da Choi, with a HK$1 million reward offered for each. Police also arrested four online platform subscribers, alleging that they had subscribed to the accounts of Nathan Law and Ted Hui for nearly three years, with amounts ranging from HK$10,000 to HK$120,000. They were suspected of violating the offence under the National Security Law of “providing financial assistance to others to commit secession”.
前香港眾志成員周庭10日前宣布流亡加拿大，警方國安處今日召開記者會，並在會上公布更新通緝名單，包括鄭文傑、許穎婷、邵嵐、霍嘉誌、蔡明達，每人依樣懸紅100萬元。此外警方亦拘捕4名網上平台訂閱者，指他們訂閱羅冠聰及許智峯帳戶接近有3年，金額1萬至12萬元不等，指各人涉嫌違反《國安法》中「資助他人實施分裂國家罪」。
10 Dec 2023獨媒#2633
國安處起訴古思堯涉「企圖或準備」煽動 明日西九法院提堂
Social activist Koo Sze-yiu had planned to go to the Registration and Electoral Office to protest, but was arrested by the police National Security Department at his residence before the action. He was accused of attempting to commit or preparing to commit an act with seditious intent. The National Security Department announced that Koo would be charged, and the case will be brought before the West Kowloon Magistrates’ Courts tomorrow.
社運人士古思堯日前擬前往選舉事務處辦公室抗議，但行動前已在其住址遭警方國安處拘捕，指他涉嫌企圖作出或準備作出具煽動意圖的行為。警方國安處公布將落案起訴古思堯，案件將於明日在西九龍裁判法院提堂。
5 Dec 2023法庭線#8768
周庭稱曾隨國安警到深圳換准離港 警未回應是否屬實 學者指可加條文外條件
Chow Ting, former deputy secretary-general of Demosisto, was arrested in 2020 on suspicion of violating the National Security Law and has been released on bail without being charged to date. Now in Canada, she announced on Sunday (the 3rd) that she had decided not to return to Hong Kong to report, and alleged that police had required her to “return to the mainland once” as a condition for approving her departure. The government and police issued statements condemning her on two occasions, saying they would pursue her to the fullest extent of the law. Police said they had restricted her departure under the powers in Schedule 2 to Article 43 of the National Security Law, and subsequently returned her travel document.
The Judiciary’s Legal Reference System reviewed the provisions, which state that when restricting a person under investigation from leaving Hong Kong, police may require the person to deposit money, surrender their documents again and report as required, but do not mention the addition of other bail conditions. Reporters asked police whether Chow’s allegation was true, which provision they had relied on to require her to return to the mainland, and whether this was treated as a condition for approving her departure. Police replied verbally that reference should be made to the government’s statement and had nothing to add.
The University of Hong Kong law professor Simon Ngai Man Young said in an interview that they would not comment on Chow’s case, but that the intention of Schedule 2 was clear and allowed police to impose “conditions other than those listed in the provisions”. Senior Counsel Ronny Tong said the details of the conditions could be determined according to the circumstances of the case and should not be interpreted narrowly. Legal commentator Edward Wong Kai-yeung i said that Chow’s reference to “returning to the mainland once” appeared, at least on the face of it, to fall outside the scope of the powers in Schedule 2, adding that if it involved a mandatory matter concerning bail conditions, only the court had the discretion to deal with it.
前香港眾志副秘書長周庭於 2020 年被指涉違《國安法》被捕，准保釋至今未被起訴。身處加拿大的她周日（3 日）宣布，決定不回港報到，又指稱警方曾要求以「返一次大陸」作為批准離港的條件。政府及警方兩度發稿譴責，指會全力依法追捕周。警指根據《國安法》第 43 條附表二的權力，限制她離境，其後發回旅行證件。
《法庭線》翻查，附表二條文註明警方就限制受查人離港，可要求繳存款項、再次交出證件及報到，惟未提及可加其他擔保條件。記者向警方查詢，周庭所指是否屬實、警基於哪項條文要求她返內地並視為批准離港的條件等。警方口頭回覆，着參考政府聲明，沒有補充。
港大法律學院教授楊艾文接受訪問時指，不評論周案，附表二意圖清晰，允許警施加「條文中列出以外的條件」。資深大律師湯家驊指，條件細節可因應案情而定，不應狹窄地解釋。法律評論員黃啟暘則指，周所指「返一次大陸」，至少表面看來不在附表二的權力範圍中，又指若涉保釋條件的強制事項，只有法庭有酌情權處理。
Translations are supplied by the source workbook. Consult the original reporting for context.
