24 Jun 2024法庭線#3726
23條首宗司法覆核｜馬俊文指行為良好不獲提早釋放 入稟要求即時獲釋兼索償
Ma Chun-man, nicknamed the “Second-generation Captain America”, was convicted of “inciting secession” and sentenced to five years in prison after allegedly repeatedly shouting slogans advocating Hong Kong independence and displaying Hong Kong independence placards. Ma had been due to receive early release in March this year for good conduct, but under a new arrangement introduced by the Safeguarding National Security Ordinance, commonly known as “Article 23”, he was not granted early release and will remain in prison until his sentence expires, at the latest, in November 2025.
Ma filed an application for judicial review in the High Court on Friday (the 21st), arguing that the new arrangement under Article 23 is unlawful, retrospective and beyond the authorities’ powers, and infringes rights including personal liberty protected by human rights law, amounting to unlawful detention. He said the arrangement had caused him extreme distress and depression and subjected him to “malicious and cruel” treatment. He is seeking declarations that the new arrangement is unlawful, a reinterpretation of the relevant provisions, his immediate release, and damages from the Correctional Services Department.
The application revealed that the Correctional Services Department notified Ma in February this year that he could be released early, when Article 23 had not yet come into force. However, two days before his scheduled release, the department said it had reversed its decision and that he would have to wait another year at the earliest to be released. The department subsequently provided a memorandum prepared by the Review Committee for Inmates Convicted of Offences Endangering National Security, stating that, as there was no information showing that Ma’s early release “would not be prejudicial to” national security, it had refused to release him.
綽號「第二代美國隊長」的馬俊文，被指多次叫喊港獨口號、展示港獨標語，「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《維護國安條例》（下稱「23 條」）新安排下，他未能提早釋放，最遲延至 2025 年 11 月刑滿。
馬俊文周五（21 日）入稟高等法院申請司法覆核，質疑「23 條」的新安排不合法、有追溯力、越權，侵害人權法保障的人身自由等權利，變相非法拘禁，令他感到極度痛苦和沮喪，遭受「具惡意、殘忍」的對待，要求法庭宣告新安排不合法，重新詮釋有關安排及即時釋放他，並向懲教署索償。
入稟狀透露，懲教署今年 2 月通知馬可提早獲釋，當時「23 條」尚未生效。惟在原定獲釋日前兩天，署方稱已推翻決定，他最快要在 1 年後獲釋。其後署方提供由「犯危害國家安全罪行的在囚人士評審委員會」撰寫的便箋，指基於無資料顯示，提早釋放馬「不會不利於」國安，因此拒絕釋放他。
21 Jun 2024法庭線#3715
23條｜涉YouTube等發布陳述及照片 58歲男被控新發布煽動刊物罪 還押候訊
Another prosecution has been brought under Article 23. A 58-year-old man was charged with knowingly publishing publications with a seditious intention after allegedly posting seditious statements or photographs on three online platforms, including YouTube, between March 23—the day the Safeguarding National Security Ordinance took effect—and June 19 this year. The wording allegedly involved included “Revolution is not a crime; rebellion is justified”. He made his first appearance at the West Kowloon Magistrates’ Courts on Friday (21st).
The defendant was not required to enter a plea at this stage. At the prosecution’s request, the National Security Law designated judge and Chief Magistrate Don Man Lung So adjourned the case to August 7 so police could examine two phones, a desktop computer and three laptops seized from his home. Senior Public Prosecutor Ting Wai Lee, representing the prosecution, said the defendant had not applied for bail, which defence lawyer Yik Kan Chan confirmed. The defendant was remanded in custody.
According to a tally by The Witness, before Article 23 took effect, cases involving seditious statements online were prosecuted by the Department of Justice as the offence of doing an act with a seditious intention, while the offence of publishing seditious publications mainly concerned physical or media publications. In this Article 23 prosecution, online speech has also been classified as the offence of publishing seditious publications.
「23 條」檢控再錄一案。58 歲男子被控在《維護國家安全條例》生效當日，即今年 3 月 23 日，至 6 月 19 日期間，在 YouTube 等三個網上平台，發布煽動陳述或相片，據悉涉案字眼包括「革命無罪造反有理」，被控「明知而發布具煽動意圖的刊物」罪，周五（21 日）在西九龍裁判法院首度提堂。
被告暫時毋須答辯，《國安法》指定法官、主任裁判官蘇文隆應控方要求，押後至 8 月 7 日再訊，以候警方檢查其家中搜出的兩部電話、桌上電腦，以及 3 部手提電腦。控方代表、高級檢控官李庭偉指，被告沒保釋申請，辯方代表、律師陳奕勤確認。被告須還押。
按《法庭線》統計，在「23 條」生效前，涉及網上煽動言論的案件，律政司均起訴「煽動作為」罪，而「煽動刊物」罪則主要涉實體或傳媒刊物。是次「23 條」檢控，網上言論亦歸類為「煽動刊物」罪。
21 Jun 2024集誌社#3717
反修例五年｜《集誌社》還原國安「雙法」數據 23 條最少拘控 11人 兩宗無公布
The 2019 anti-extradition bill protests brought the Fugitive Offenders Ordinance amendment bill to an end. However, halting one law led to the creation of two others. The Hong Kong National Security Law, passed by the Standing Committee of the National People’s Congress in Beijing, took effect on 30 June 2020, while the Safeguarding National Security Ordinance, enacted locally under Article 23, formally took effect on 23 March this year.
Over the past nearly four years, at least 301 people have been arrested for allegedly engaging in acts or activities that endanger national security. This figure includes arrests under the two national security laws as well as other criminal offences. The Security Bureau has refused to provide a breakdown of arrests by offence under the Hong Kong National Security Law and Article 23, citing the need to avoid affecting operational deployments.
The Collective compiled the data in an attempt to reconstruct the number of people arrested under the two laws. It found that, as of 21 June, at least 157 people had been arrested for allegedly violating the two national security laws, including 146 under the Hong Kong National Security Law. Article 23 had been in effect for less than three months, but had already resulted in at least 11 people being arrested or charged.
2019年的反修例運動，令《逃犯條例》修訂草案「壽終正寢」。不過，煞停一法，催生「雙法」。在北京由全國人大常委會通過的《香港國安法》，2020 年 6 月 30 日生效，在本地立法的《維護國家安全條例》（23條）也在今年 3 月 23 日正式生效。
近四年來，最少已有 301人，被指涉從事危害國安行為、活動被捕。這數字，包括兩條國安相關法例，及其他刑事罪行。保安局以「影響行動部署」為由，拒絕提供以《國安法》和 23條的拘捕罪行分類數字。
《集誌社》記者整理資料，嘗試還原因「雙法」被捕人數，發現截至 6 月 21 日，至少有 157 人涉違上述兩國安例被捕，其中 146 人涉《香港國安法》。而 23條生效未夠三個月，已引至少 11 人被拘捕或起訴。
21 Jun 2024法庭線#3720
23條｜保安局以影響行動部署為由 拒公布生效至今拘捕檢控數字分項
A prosecution case under the Safeguarding National Security Ordinance (hereafter “Article 23”) was first brought before the court last Friday (14th). It was the first case recorded by the media since Article 23 took effect on 23 March 2024. As the Police National Security Department did not issue a press release, The Witness asked the Security Bureau and police whether it was the first prosecution under Article 23, but received no confirmation.
In their replies last Friday, the Security Bureau and police combined the arrest and prosecution figures with cases involving acts endangering national security since the National Security Law took effect, and did not separately count Article 23 cases. The Witness followed up with the Bureau, asking whether the figures included cases such as money laundering and possession of firearms prosecuted by the National Security Department, and whether a breakdown for Article 23 cases would be available.
The Bureau only repeated the same figures and provided no further information. On Friday this week (21st), the Security Bureau proactively explained that offences endangering national security were serious offences and could involve sensitive activities endangering national security. It therefore would not disclose a breakdown of the relevant arrest figures and information, as doing so would affect operational deployment.
上周五（14 日）有一宗《維護國家安全條例》（下稱「23條」）檢控案件首提堂，是 23 條自 2024 年 3 月 23 日生效後，傳媒紀錄上首案。由於警方國安處未有發新聞公告，《法庭線》向保安局及警方查詢是否 23 條首宗檢控，均未獲確認。
而保安局、警方上周五的回覆，拘捕、檢控數字均連同《國安法》生效後，危及國安行為案件計算，未有單獨統計「23 條」個案。《法庭線》追問局方，數字是否包括國安處檢控的洗黑錢、藏槍案等、會否有 23 條分項統計數字。
局方僅回覆相同數字，沒有其他補充。至本周五（21 日），保安局主動解釋，指危害國家安全屬嚴重罪行，亦可能涉敏感的危害國安活動，披露相關拘捕數字的分項數字及資料，會影響行動部署，故不會公開。
20 Jun 2024法庭線#3713
反恐首案｜辯方透露同謀者張堅順為賴振邦姊夫 早前證供稱負責接載「槍手」
In the first case under the Anti-terrorism Ordinance, seven defendants pleaded not guilty as the trial entered its 38th day at the High Court on Thursday (20th). While cross-examining a police officer, the defence disclosed that accomplice Cheung Kin-shun is the brother-in-law of defendant Lai Chun-pong. Another officer confirmed the relationship but said he did not know that Cheung also worked at Lai’s “3C Repair Workshop”.
According to earlier testimony from an accomplice witness, Cheung had taken part in military training in Taiwan, burgled a university laboratory, and transported the “gunman” to and from the scene on the day of the plan to kill police officers.
The defence also put it to police officers that, when arresting Lai, they had attempted to force him to drink Dettol and threatened him at the police station to make him confess, saying they would “definitely get you jailed for more than ten years”. The officers all denied this.
《反恐條例》首案，7 人不認罪，周四（20 日）在高等法院踏入第 38 天審訊。辯方在盤問警員時披露，本案同謀者張堅順，為被告賴振邦姊夫；另一警員確認兩人關係，但不知張同在賴的「3C 維修工作室」工作。
據早前從犯證人證供，張曾參與台灣軍訓、爆竊大學實驗室，並在殺警計劃當日接載「槍手」到場及離開。
辯方另向警員指出，拘捕賴時企圖逼其飲滴露、在警署內威嚇作招認，否則「一定整到你坐十幾碌」；警員均否認。
14 Jun 2024法庭線#3689
23條｜涉今年6.12穿光時衫、戴黃口罩 27歲男子被控新煽動罪 被拒保釋8.7再訊
A 27-year-old unemployed man was accused of wearing a T-shirt bearing the slogan “Liberate Hong Kong, revolution of our times” and a yellow “FDNOL” mask, loitering at Shek Mun MTR station and refusing to produce his identity card on June 12 this year. He was charged with three offences, including the new sedition offence under the Safeguarding National Security Ordinance. So Wai-tak, the designated judge under the National Security Law and Chief Magistrate, adjourned the case until Aug 7 for mention at the prosecution’s request. The Witness Law separately asked the Security Bureau and police whether the case was the first since Article 23 came into force. The police replied that, as the case had entered judicial proceedings, it was inappropriate for them to comment or disclose details.
The man’s bail application was refused. So Wai-tak initially said he had the right to apply to the High Court for a review and asked whether eight days should be reserved for the review. The defence replied, “It seems the relevant legislation seems to…” The magistrate subsequently asked, “Isn’t there?” and said, “I remember it was removed?” The Witness Law reviewed the Safeguarding National Security Ordinance and found that there is no eight-day review arrangement for offences related to national security.
27 歲無業男子，被指於今年 6 月 12 日，穿著印有「光復香港 時代革命」衣衫、穿戴黃色「FDNOL」口罩，在石門港鐵站遊蕩及拒出示身份證，被起訴《維護國家安全條例》新煽動罪等 3 罪。《國安法》指定法官、總裁判官蘇惠德並應控方要求，押後 8 月 7 日再訊。《法庭線》分別向保安局及警方查詢，本案是否 23 條生效後首案。警方回覆指，由於案件已進入司法程序，警方不適宜作出評論及披露案件細節。
男子申保釋被拒，蘇惠德一度稱男子有權向高院申請覆核，問需否保留 8 天覆核。辯方回應指「似乎相關法例好似…」蘇其後指「係咪無㗎？」、「記得係無咗？」《法庭線》翻查《維護國家安全條例》條文，見涉國安相關罪行，並沒有 8 天覆核安排。
4 Jun 2024集誌社#3639
六四35｜叫「結束一黨專政」等口號 警引 23 條拘王婆婆 全日四人被捕
Today marks the 35th anniversary of the June 4 incident and the first June 4 anniversary since Hong Kong passed the Safeguarding National Security Law (the so-called Article 23). In Causeway Bay, police presence was further increased compared with yesterday. After nightfall, members of the public entering Victoria Park to mourn with electronic candles were stopped and searched by police. Four people were arrested throughout the day, including social activist Wong Po-po Alexandra Wong Fung Yiu, who was arrested by police for allegedly shouting slogans including “Hold those responsible for the massacre accountable; end one-party rule” and “Release the pro-democracy activists,” in connection with offences related to seditious intent under Article 23.
今日是六四事件 35 周年，也是香港通過《維護國家安全法》（即 23條）後的首個六四。在銅鑼灣，警力比昨天再加強。入夜，有市民入維園舉電子燭光悼念，被警方截停搜查。全日共有四人被捕，其中社運人士「王婆婆」王鳳瑤，涉在街上高呼「追究屠城責任，結束一黨專政」、「釋放民運人士」等口號，被警方引用 23 條下的「煽動意圖相關罪行」拘捕。
31 May 2024法庭線#3606
鄒幸彤等7人被指違新煽動罪准保釋 警指一人亦涉資助羅冠聰違《國安法》
The Police National Security Department arrested a total of six women and one man from Tuesday onwards, including Chow Hang-tung, former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Police alleged that they had published seditious posts on the Facebook page “Siu Tung Kwan Chau Club” before “a certain sensitive date”, suspected of violating the offence of having a seditious intention under the Safeguarding National Security Ordinance.
Police said on Friday (the 31st) that six people had been granted bail while one woman remained in custody. They also alleged that the woman arrested on Wednesday had, through an online subscription platform, “provided financial assistance to fugitive Nathan Law and other people”, amounting to about $140,000, suspected of violating the National Security Law offence of “providing financial or other property assistance to others to secede”.
Apart from Chow Hang-tung, the other six arrested people were Chow’s mother Lau Wah-chun; former district councillor Kim Kam Chan; dentist Ying Chi (Med) Lee; former standing committee members of the Hong Kong Alliance Ka Yee (1980) Lau and Kwan Chun-bong; and Kwan’s wife, Poon Yau-chui, who was arrested on Wednesday. The 47-person case was ruled on at West Kowloon Court on Thursday, and Kim Kam Chan and Ying Chi (Med) Lee both attended the hearing.
警方國安處周二起拘捕一共 6 女 1 男，包括支聯會前副主席鄒幸彤，指他們於「某個敏感日子」前於Facebook 專頁「小彤群抽會」發布煽動帖文，涉嫌違反《維護國安條例》下的煽動意圖罪。
警方周五（31 日）指，6 人已獲准保釋，而一名女子繼續還押；又指周三被捕的女子，於網上訂閱平台「以金錢資助逃犯羅冠聰及其他人士」，金額約為 14 萬元，涉嫌違反《國安法》下的「以金錢或其他財物資助他人分裂國家」罪。
除鄒幸彤外，其餘 6 名被捕人為鄒母劉華珍、前區議員陳劍琴、牙醫李盈姿、前支聯會常委劉家儀和關振邦，以及關妻潘幼翠，而潘於周三被捕。47 人案周四於西九龍法院裁決，陳劍琴、李盈姿都有到場。
31 May 2024獨媒#3611
「敏感日子」煽動案 國安處稱一人涉資助逃犯羅冠聰等
Six people, including former vice-chairwoman of the Hong Kong Alliance Chow Hang-tung, were arrested on May 28 for allegedly continuing to post messages on the eve of “sensitive dates”, in violation of the Safeguarding National Security Ordinance. Police arrested a seventh person the following day, May 29. Apart from Chow, who is in custody, the other six were released on bail. In a press release today, the Police National Security Department said the seventh person allegedly funded fugitive Nathan Law and others through an online subscription platform, involving approximately HK$140,000. Police said she was suspected of violating Article 24 of the National Security Law, the offence of “providing financial or other property assistance to others to secede the country”.
前支聯會副主席鄒幸彤等6人，日前（5月28日）被指涉嫌在「敏感日子」前夕持續發帖，違反《維護國家安全條例》被捕。警方在翌日（5月29日）再拘捕第7人，除在囚的鄒幸彤外，其餘6人皆獲保釋。警方國安處今日發新聞稿補充，稱第7名被拘捕的人士涉透過網上訂閱平台，資助逃犯羅冠聰等人士，金額約14萬元，警方指她涉違反《國安法》24條「以金錢或其他財物資助他人分裂國家」罪。
29 May 2024香港人權資訊中心#3587
譴責香港政府藉「煽動意圖罪」打壓平反六四的和平訴求
The Hong Kong Human Rights Information Centre condemned the Hong Kong government for arresting six people yesterday (May 28) under the offence of seditious intent in the Safeguarding National Security Ordinance (the Ordinance), including Chow Hang-tung, who is currently remanded pending trial after being charged with subversion of state power for serving as vice-chair of the Alliance. We believe the Hong Kong government’s arrests are intended to suppress calls by opinion leaders to vindicate the June 4 incident, create a powerful chilling effect before June 4, and prevent speech and activities in Hong Kong concerning the commemoration of, or calls to vindicate, the June 4 incident.
香港人權資訊中心譴責香港政府昨天（5月28日）以《維護國家安全條例》(《條例》) 的 「煽動意圖罪」拘捕六人，包括現正還押候審，因作為支聯會副主席而被控顛覆國家政權罪的鄒幸彤。我們認為香港政府的拘捕行動是為了打壓意見領袖提出平反六四事件的訴求，以在六月四日前製造強大的寒蟬效應，杜絕香港社會出現有關悼念或要求平反六四事件的言論和活動。
Translations are supplied by the source workbook. Consult the original reporting for context.
