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。
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。
25 Mar 2024獨媒#3244
【23條立法】消息指美國隊長2.0未能提早獲釋 懲教：不評論
After the Article 23 legislation took effect, prisoners involved in national security cases must be deemed by the Commissioner of Correctional Services not to pose a risk to national security before they can be released early. It is understood that the first affected case has emerged: Ma Chun-man, nicknamed “Captain America 2.0”, who was jailed after being convicted of inciting others to secede, was scheduled to be released early this morning but did not leave prison as scheduled. A friend who intended to greet Ma upon his release told the media that a Correctional Services Department welfare officer said it was because Article 23 had taken effect, adding that this was the first time the officer had encountered such a situation.
23條生效後，涉國安案件的囚犯須獲懲教署署長信納「不會不利國家安全」，方能提前獲釋。據了解，首個受影響案例已出現，外號「美國隊長」2.0 、因煽動他人分裂國家罪成入獄的馬俊文，原定今早提早獲釋，但未能如期出獄。有欲迎接馬出獄的友人向傳媒透露，懲教署福利官指是因為「23條」生效的關係，並指是首次遇到相關情況。
Translations are supplied by the source workbook. Consult the original reporting for context.
