Sedition Over Three and a Half Years: Trial and Sentencing | Behind the 100% Conviction Rate—How Did the Courts Reject the Defence’s Legal Challenges?
煽動罪三年半．審訊判刑篇｜100%定罪背後 法庭如何駁回辯方的法律爭議？
The sedition offence under the Crimes Ordinance was brought back into use by the government in 2020, before being replaced and abolished in 2024. Over approximately three and a half years, 55 people were charged in 37 cases, reflecting how the government used the sedition offence to regulate speech and conduct. In the second feature on the former sedition offence, The Witness reviews four major challenges raised by the defence in the various cases, ranging from the constitutionality of the charges to their extraterritorial effect. None of these challenges has succeeded so far. What were the courts’ reasons for their rulings, and what restrictions were placed on fundamental rights? The maximum sentence for the first conviction under the former sedition offence was two years’ imprisonment. Of the 29 cases concluded so far, the highest sentencing starting point was 21 months’ imprisonment. What considerations did the courts take into account in sentencing these cases, and which forms of conduct were regarded as warranting heavier penalties?
《刑事罪行條例》下的煽動罪，由 2020 年被政府再次引用，至 2024 年被取代及廢除，歷時大約 3 年半，這段時間共 55 人被控，分成 37 宗案件，反映政府如何運用煽動罪規範言行。 《法庭線》第二篇舊煽動罪的專題報道，回顧辯方於各案提出，由控罪的合憲性至域外效力的 4 個主要爭議，這些爭議目前無一成功——法庭裁斷的理據是甚麼？對於基本權利作出了甚麼限制？ 舊煽動罪首次定罪的刑罰上限是監禁兩年，目前已審結的 29 宗案，最高量刑起點是判囚 21 個月，這些案件的量刑，反映法庭有何考慮？哪些涉案行為被認為要承受較重刑罰？