6 Feb 2024獨媒#2946
警方確認通緝周庭 未回答國安處要求北上是否屬實
A press conference at which police reviewed Hong Kong’s overall security situation in 2023 was originally scheduled for last week but was postponed until today after the government published its consultation document on Article 23. Reporters again asked about former Demosisto member Chow Ting and former Studentlocalism convenor Chung Hon-lam, both of whom had said they were invited by the National Security Department to travel to the mainland. Chow said she had obtained her passport in exchange for a “mainland tour”. Asked about the legal basis for “travelling to the mainland in exchange for a passport”, Deputy Commissioner of Police Kan Kai-yin only confirmed that Chow was wanted, and again criticised her as “shameful” for fleeing to evade responsibility, saying she would be pursued for life unless she surrendered.
警隊回顧2023年香港整體治安狀況的記者會原定上周舉行,由於政府公布23條諮詢文件而押後至今日。有記者再追問,前香港眾志成員周庭及前學生動源召集人鍾翰林均曾表示,曾被國安處邀請回內地,其中周庭更是以「內地遊」換取護照。被問到「北上換護照」的法律理據何在,警務處副處長簡啟恩僅確認周庭被通緝,並再以相同套路批評周庭畏罪潛逃「羞恥」,除非自首否則終生追捕。
14 Dec 2023獨媒#2669
李桂華拒評周庭「深圳遊」指「不便公開」 稱警方保釋條件「唔係鐵板一塊、有傾有講」
The police National Security Department held a press conference in the afternoon to announce an updated wanted list, including five Hong Kong people overseas: Simon Cheng, Hui Wing-ting, Laam Siu, and Tony Ming Da Choi and Johnny Ka Chi Fok, who founded the YouTube channel “升旗易得道”. The list did not include Agnes Chow, a former member of Demosistō who had just announced that she was in exile. Asked whether Chow’s claim that she had exchanged a “one-day trip to Shenzhen” for her passport was true, National Security Department Senior Superintendent Lee Kwai-wah did not deny it, saying only that it was “not convenient to disclose”. He said police bail conditions in national security cases were “not set in stone and open to discussion”, but said Chow’s failure to return was clearly “telling lies, her credibility has collapsed; I believe the problem lies with her”. Lee also urged Chow to return to Hong Kong to deal with “this matter” before her bail period expires.
警方國家安全處下午見記者,公布更新通緝名單,包括5名海外港人鄭文傑、許穎婷、邵嵐以及創立 YouTube 頻道「升旗易得道」的蔡明達、霍嘉誌,惟不包括剛宣布流亡的前「香港眾志」成員周庭。有記者問及周庭提及「深圳一日遊」換取護照是否屬實,國安處總警司李桂華未有否認,僅稱「不便公開」。他稱國安案件的警方保釋條件「唔係鐵板一塊、有傾有講」,但周庭一去不返是明顯「講大話啦、誠信破產啦,相信問題喺佢身上」。李桂華又呼籲周庭未到保釋期限,勸她回港處理「呢個問題」。
5 Dec 2023法庭線#8757
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
Former Demosisto deputy secretary-general Chow Ting was arrested in 2020 over alleged violations of the National Security Law and has been released on bail without being charged to date. On Sunday (the 3rd), she, who is in Canada, announced 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 from Hong Kong. The government and police issued statements on two occasions condemning her, saying they would make every effort to pursue her in accordance with 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 Court Watch examined the provisions in Schedule 2, which state that when restricting a person under investigation from leaving Hong Kong, police may require the person to deposit money, surrender documents again and report. They do not mention the imposition of other security conditions. The reporter asked police whether Chow Ting’s allegation was true and under which provision police had required her to return to the mainland and treated this as a condition for approving her departure. Police responded orally that reference should be made to the government statement and provided no further comment.
Simon Ngai Man Young, a professor at the University of Hong Kong’s Faculty of Law, said in an interview that he would not comment on Chow’s case. He said the intention of Schedule 2 was clear and that it allowed police to impose “conditions other than those listed in the provisions”. Senior Counsel Ronny Tong Ka-wah 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 concerned a mandatory requirement of 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。
4 Dec 2023獨媒#8748
國安處譴責周庭公然表示棄保潛逃 籲「不要選擇走一條不歸的路」
Agnes Chow, a former member of the now-disbanded Demosistō, said on social media yesterday that she had gone to Canada to study and had decided not to return to Hong Kong. The Police Force’s National Security Department issued a statement strongly condemning her open declaration of absconding from bail, and urged Chow to “turn back from the brink, not choose a road of no return, and bear the name of a fugitive for the rest of her life.”
已解散的香港眾志前成員周庭,昨日在社交媒體表示已到加拿大留學,並決定不會回港。警務處國家安全處發稿,嚴厲譴責公然表示棄保潛逃行為,籲周庭「懸崖勒馬,不要選擇走一條不歸的路,一生背負逃犯之名」。
Translations are supplied by the source workbook. Consult the original reporting for context.