3 Nov 2023獨媒#8595
FB及IG發港獨帖文 留日女生承認煽動囚2月 官指以互聯網傳播具永久性
A 23-year-old woman studying in Japan was accused of posting 13 messages on Facebook and Instagram about “Hong Kong independence” and saying that “the Communist Party will fall”. She was arrested when she returned to Hong Kong to replace her identity card. She earlier pleaded guilty to one count of “doing one or more acts with seditious intention” and was sentenced to two months’ imprisonment at West Kowloon Magistrates’ Courts today (the 3rd). National Security Law-designated judge and Chief Magistrate So Wai-tak said the defendant had disseminated the messages via the internet, giving them a permanent nature. Twelve of the 13 messages could be viewed by members of the public and were “Earth posts”. Although Judge So accepted that the messages were not highly original, did not use radical language and were posted infrequently, he considered that the charge covered the period from September 2018 to March this year and therefore involved continuity, rather than being limited to the moment of uploading.
23歲日本留學女生涉在 Facebook 及 Instagram 上發布有關「港獨」及稱「共產黨倒台」等13則帖文，回港更換身份證時被捕。她早前承認一項「作出一項或多項具煽動意圖的作為」罪，今（3日）在西九龍裁判法院被判囚2個月。《國安法》指定法官、總裁判官蘇惠德指，被告以互聯網來傳播帖文，具有永久性，而13則帖文中有12則公眾人士可以瀏覽，屬於「地球 post」。蘇官雖然接納帖文內容原創性不高、沒有用激進的言詞，發布的頻率亦不高，但控罪涉及2018年9月至今年3月期間，認為具有持續性，不局限於上載的一瞬間。
2 Nov 2023獨媒#8591
涉管理「香港獨立黨」帳戶 葡籍男擬認串謀煽動分裂國家 明年2月答辯
A 40-year-old Portuguese national accused of managing the Hong Kong Independence Party’s social media and posting messages advocating the establishment of Hong Kong as a Commonwealth country and the abolition of the Sino-British Joint Declaration was arrested after returning to Hong Kong last October. He was charged under the National Security Law with conspiracy to incite others to commit secession and appeared at the District Court today (2nd). The defence said he intends to plead guilty. Judge Lin Kam-hung scheduled the case for a formal plea hearing on 27 February next year, to be conducted in Chinese. The defendant did not apply for bail and was remanded in custody.
持葡萄牙籍的40歲男子，被指管理「香港獨立黨」的社交媒體，並曾發帖文提倡香港建立英聯邦國家、廢除《中英聯合聲明》等，去年10月回港後被捕。他被控《國安法》的「串謀煽動他人實施分裂國家」罪，今（2日）在區域法院提訊。辯方透露被告擬認罪，法官練錦鴻將案件排期至明年2月27日正式答辯，以中文進行。被告沒有保釋申請，繼續還柙。
28 Oct 2023法庭線#8557
24宗已審結煽動案 三分一控罪沒意圖煽暴 羊村等3案曾爭議須證煽暴不獲接納
In October, the UK Privy Council ruled in an appeal concerning a judicial review of a sedition case in Trinidad that an intention to incite violence or disorder was an “implicit necessary condition” for a sedition conviction. Chan Man-mun, an adjunct professor at the University of Hong Kong’s Faculty of Law, said that although the Privy Council’s judgment was not binding in Hong Kong, it “greatly weakened” the grounds on which Hong Kong courts had found defendants guilty in a number of sedition cases.
An examination by The Witness of 24 concluded sedition cases found that in two-thirds of them, the prosecution alleged that the defendants’ words, conduct or publications involved an intention to “incite the use of violence”, including the “Git Si case” and the “Sheep Village case”. In the remaining one-third, the defendants were alleged to have had other seditious intentions apart from inciting violence, including causing hatred or contempt towards the government, as in the “Cho Ning-chi Tea case” and the “Tsang Yu-suen case”.
All defendants in the 24 cases were convicted. In five cases—the “Fast Beat case”, “Sheep Village case”, “Koo Sze-yiu case”, “Court Observer case” and the case involving a man who mocked the death in the line of duty of a water police officer—the defendants pleaded not guilty and contested the charges. In three of those cases, the defence argued that under common law, an intention to incite violence or disorder should be an element of the offence, but the courts rejected all of those arguments.
英國樞密院 10 月就千里達一宗煽動司法覆核上訴案，裁斷煽動暴力或動亂意圖，為煽動定罪的「隱含必要條件」；港大法律學院客席教授陳文敏認為，樞密院判決雖在港沒約束力，但「大大削弱」香港法庭裁斷多宗煽動案罪成的理據。
《法庭線》翻查已審結的 24 宗煽動案，發現當中三分之二，控方有指控被告言行或刊物涉「煽惑使用暴力」意圖，例如「傑斯案」及「羊村案」；餘下三分之一案，則被指控涉煽暴以外的其他煽動意圖，包括引起憎恨或藐視政府等，例如「初凝芝茶案」及「曾雨璇案」。
這 24 宗案件的被告全部罪成。有 5 宗案即「快必案」、「羊村案」、「古思堯案」、「旁聽師案」及「男警嘲水警殉職案」，被告不認罪抗辯；其中 3 案的辯方都曾爭議普通法下煽暴或動亂意圖應為定罪元素，但全部都不獲法庭接納。
27 Oct 2023法庭線#8554
英樞密院最新裁定煽動定罪須證煽暴力或動亂意圖 據悉快必案團隊呈上訴庭考慮
The Wallace-Johnson case, which was accepted by the courts in several sedition cases in Hong Kong and cited as establishing that an intention to incite violence or disorder was not an element of the offence, has been overturned by principles set out in a judgment handed down by the Privy Council in mid-October in another case. The Privy Council has now ruled that an intention to incite violence or disorder is an “implicit necessary condition” for a conviction.
The Court of Appeal has been informed of the Privy Council’s latest judgment for consideration in the Fast Beat sedition appeal case, which has already been heard, according to sources cited by The Witness. The appellant’s side is awaiting further directions from the judges. The Department of Justice said it was inappropriate to comment because judicial proceedings were ongoing.
HKU Faculty of Law visiting professor Albert Chen Wen-min said the Privy Council’s ruling was not binding in Hong Kong, but described it as “timely” and believed there was a reasonable chance that the court would accept it. Legal commentator Edward Wong Kai-yeung i said that, given its authority and relevance, a Hong Kong court would need to provide clear reasons if it did not follow the ruling. Former Director of Public Prosecutions Grenville Cross said the sedition provisions in Trinidad involved in the judgment differed from those in Hong Kong, and that the ruling was not conclusive; he would be surprised if it had an impact in Hong Kong.
在本港多宗煽動案中曾被法庭接納，並引用作裁定煽動暴力或動亂並非控罪元素的英國樞密院案例「Wallace-Johnson 案」，案中所確立的原則被樞密院 10 月中就另案頒布的判詞否定。樞密院最新並裁斷，煽暴或動亂意圖是定罪的「隱含必要條件」。
《法庭線》獲悉，早前已開庭聆訊的「快必煽動上訴案」，上訴的快必一方已將樞密院最新判詞呈交上訴庭考慮，正候法官進一步指示。律政司指，由於司法程序正在進行，不適宜作評論。
港大法律學院客席教授陳文敏指，樞密院判決在港沒約束力，但形容「來得合時」，相信法庭有一定機會接納；法律評論員黃啟暘指，考慮權威及相關性，若港法庭不遵從需交代清晰理據。前刑事檢控專員江樂士則指，判詞牽涉的千里達煽動罪條文與本港有別，判決亦非結論性，若在港有影響會感到驚訝。
27 Oct 2023法庭線#8556
英樞密院否定煽動案例原則 陳文敏：削弱本港裁罪成理據 江樂士料對港沒影響
Johannes Chan, an adjunct professor at the University of Hong Kong’s Faculty of Law, described the Privy Council’s judgment as “timely and carrying considerable weight”, and said it “greatly undermines” the grounds on which the courts reached guilty verdicts in a number of sedition cases. Chan added that although the judgment was not binding, he believed Hong Kong courts had a reasonable chance of accepting it. Legal commentator Edward Wong Kai-yeung i said that, given the judgment’s authority and relevance, the court would need to provide reasons if it did not follow it.
Grenville Cross, former Director of Public Prosecutions, said the sedition provision in the Trinidad case differed from that in Hong Kong, and that the Privy Council’s “opinion” was not conclusive. He said he would be surprised if the judgment had an impact in Hong Kong. He also expected the “new sedition offence” under Article 23 of the Basic Law to be legislated for soon, saying it would then be clear whether the elements of the offence included an intention to incite violence or disorder.
港大法律學院客席教授陳文敏形容，樞密院判決「來得合時，亦有相當份量」，又指「大大削弱」法庭裁斷多宗煽動案罪成的理據。陳續指，雖然判決沒約束力，但相信本港法庭有一定機會接納。法律評論員黃啟暘指，考慮到判決的權威性及相關性，若法庭不遵從需交代理據。
前刑事檢控專員江樂士則指，判決涉及的千里達煽動罪條文與本港有別，而樞密院的「意見」並非結論性，形容若該判詞在香港有影響，他會感到驚訝。他又料，《基本法》第 23 條下的「新煽動罪」不久將立法，指屆時便知控罪元素是否包括煽暴或動亂意圖。
26 Oct 2023獨媒#8539
涉社交媒體發港獨帖文 留日23歲女生承認煽動 准保釋至11月判刑
A 23-year-old woman studying in Japan was accused of posting 13 messages on Facebook and Instagram about “Hong Kong independence” and calling for the “Communist Party to fall”. She was arrested when she returned to Hong Kong to replace her identity card and was subsequently charged with one count of doing one or more acts with seditious intention. The woman admitted the charge at the West Kowloon Magistrates’ Courts on the 26th. National Security Law designated judge and Chief Magistrate So Wai-tak adjourned the case to 3 November for sentencing and granted the defendant continued bail in the meantime. In mitigation, the defence said only two of the posts in question were published in Hong Kong. The woman is currently studying politics and economics at the law faculty of a university in Japan; her views on politics have changed, and the likelihood of her reoffending is very low. The defence asked the court for leniency.
23歲日本留學女生涉在 Facebook及Instagram上發布有關「港獨」及稱「共產黨倒台」等13則帖文，她回港更換身份證時被捕，其後被控一項「作出一項或多項具煽動意圖的作為」罪。女生今（26日）在西九龍裁判法院承認控罪，《國安法》指定法官、總裁判官蘇惠德將案件押後至11月3日判刑，期間批准被告繼續保釋。辯方求情時強調，只有2則涉案帖文在香港發布，女生現時在日本一間大學的法學院就讀政治及經濟，對政治的看法已經改變，她重犯機會極低，盼法庭輕判。
26 Oct 2023法庭線#8544
涉社交媒體發布制裁官員、「港獨」訊息 五旬漢被控煽動 再被拒保釋
A 57-year-old man was accused of posting seditious messages on Facebook and X (formerly Twitter) advocating Hong Kong independence and calling for sanctions against government officials. He was charged with one count of doing one or more acts with seditious intention, and appeared at West Kowloon Magistrates’ Courts on Thursday (26th) for a bail review.
After hearing submissions from both sides, Chief Magistrate So Wai-tak refused the defendant’s bail application and remanded him in custody until 4 December for a further hearing. The defendant also retained the right to a bail review within eight days, which will be dealt with on 3 November.
57 歲男子被指在 Facebook 及 X（前稱 Twitter）發布鼓吹「港獨」、要求制裁政府官員等煽動訊息，被控一項「作出一項或多項具煽動意圖的行為罪」，周四（26 日）在西九龍裁判法院進行保釋覆核。
總裁判官蘇惠德聽畢雙方陳詞，拒絕被告保釋申請，還押至 12 月 4 日再訊。被告另保留 8 天保釋覆核權，將於 11 月 3 日處理。
12 Oct 2023獨媒#8477
圖掛六四直幡內地博士生刑滿 保安局：已遣返
Tsang Yu-suen, a 23-year-old mainland female doctoral student in law, was accused of contacting 1989 pro-democracy movement figure Zhou Fengsuo to obtain a vertical banner bearing the words “Pillar of Shame”, which she planned to display in Causeway Bay on June 4 this year. She was convicted last month of “attempting to do or making preparations to do one or more acts with a seditious intention” and sentenced to six months’ imprisonment. The Security Bureau said today in response to media enquiries that Tsang had completed her sentence and been released, and was deported from Hong Kong under section 19(1)(a) of the Immigration Ordinance (Cap. 115).
23歲內地女法律博士學生曾雨璇涉與八九民運人士周鋒鎖聯絡，取得印有「國殤之柱」的直幡，計劃在今年六四時於銅鑼灣展示，上月「企圖作出或準備作出一項或多項具煽動意圖的作為」罪成，判囚6個月。保安局今指回應傳媒查詢指，曾雨璇已刑滿獲釋，並根據《入境條例》（第115章）第19(1)(a)條被遣送離境。
7 Oct 2023法庭線#8458
47人案｜據悉控方交逾1,200頁結案陳詞 官指頁數超限制、限兩周內縮減
In the case involving 47 democrats charged with conspiracy to subvert state power, the 16 defendants who pleaded not guilty and are standing trial have completed their case. The prosecution and defence are preparing closing submissions, with the next hearing tentatively scheduled for November 27.
It is understood that the prosecution submitted written closing submissions to the court and the defence in early October. Together with the appendices, they exceeded 1,200 pages, prompting a complaint from the defence that the page limit had been exceeded. Judge Andrew Hing Wai Chan issued directions on Friday (the 6th), returning the submissions to the prosecution and ordering it to reduce them to the specified page limit and resubmit them within two weeks. The defence was correspondingly granted an additional two weeks to prepare.
The Court Line made enquiries with the Department of Justice and the Judiciary. A Department of Justice spokesperson said it would not comment on details of the case, while the Judiciary said it did not comment on individual cases. According to directions issued by Andrew Hing Wai Chan on the 115th day of the trial (August 28), the prosecution was required to submit written closing submissions on October 3 (Tuesday of that week), with each defendant limited to 35 pages. For 16 defendants, this meant a maximum of 560 pages.
47 名民主派被控「串謀顛覆國家政權」罪一案，16 名不認罪受審被告已完成案情，控辯正準備結案陳詞，暫訂 11 月 27 日再訊。
據悉，控方 10 月初向法庭及辯方遞交書面結案陳詞，連同附錄共逾 1,200 頁，被辯方投訴指超出頁數限制。法官陳慶偉周五（6日）頒下指示，將陳詞交還控方，下令兩周內刪減至指定頁數再提交；辯方亦獲相應延長兩周時間準備。
《法庭線》向律政司及司法機構查詢。律政司發言人指，不會對案件細節作評論；司法機構指不評論個別案件。據陳慶偉在案件第 115 日審訊（8 月 28 日）下達的指示，控方須在 10 月 3 日（本周二）遞交書面結案陳詞，每名被告限 35 頁，以 16 名被告計，即上限為 560 頁。
6 Oct 2023法庭線#8457
《國安法》後首引輸入煽動刊物罪提控 38歲男認輸入18本《羊村》判囚4月
A 38-year-old man was accused of importing six titles, comprising 18 Sheep Village publications, in March 2023. He was charged with one count of importing seditious publications, the first such case since the National Security Law took effect. The man pleaded guilty at the West Kowloon Magistrates’ Courts on Friday (6th), and was sentenced to four months’ imprisonment the same day by So Wai-tak, the designated judge under the National Security Law and Chief Magistrate.
In sentencing, the magistrate said the Sheep Village publications targeted children and therefore involved greater culpability. He also said they were rife with distorted ideas and inaccurate information; if seditious ideas successfully took root in and infiltrated the minds of a young generation vulnerable in thought, they could have an intergenerational impact. The defendant had imported the publications in the United Kingdom with others, thereby indirectly fostering and encouraging people overseas to continue producing and printing such materials, allowing messages endangering national security to spread.
The District Court’s Sheep Village case had earlier ruled that three of the books involved—Sheep Village Defenders, The Twelve Warriors of Sheep Village and Sheep Village Cleaners—were seditious publications. On Friday, So Wai-tak said the contents of the remaining three books, Sheep Village Voting Day, Sheep Village Architects and Sheep Village Daily, followed the same pattern and had a clear central theme. “Any sensible person knows that all the books are seditious,” he said.
38 歲男子被指 2023 年 3 月輸入 6 款、共 18 本《羊村》刊物，被控一項「輸入煽動刊物」罪，為《國安法》生效後首案。男子周五（6 日）在西九龍裁判法院認罪。《國安法》指定法官、總裁判官蘇惠德同日判 4 個月。
法官判刑時指，「羊村」刊物以兒童為對象，罪責較重，又指情節充斥歪曲觀念、不盡不實的訊息，若具煽動性思想成功在思想脆弱年幼一輩植根及滲透，或帶來跨代影響。而被告夥他人在英國輸入刊物，變相助長、鼓勵海外者繼續製作、印製物品，令危害國安訊息散播。
區院「羊村案」早前裁定本案 3 款涉案繪本《羊村守衞者》、《羊村十二勇士》及《羊村清道夫》屬煽動刊物，蘇惠德周五指餘下 3 本繪本，《羊村投票日》、《羊村建築師》及《羊村日報》內容同出一轍，主調鮮明，「任何明理嘅人都知道所有書本都係煽動」。
Translations are supplied by the source workbook. Consult the original reporting for context.
