22 Dec 2023法庭線#2719
國安法三年半．審訊判刑篇｜沒陪審、聘海外狀須獲證明、認罪減刑受限下的新式審訊
The Hong Kong National Security Law introduced special criminal procedures, which defendants have challenged through judicial reviews and appeals. The Stand News整理 the disputes and impact over the past three and a half years, as well as the “new-style trials” in national security cases gradually established through court rulings and interpretations by the Standing Committee of the National People’s Congress.
Of the 14 national security cases prosecuted to date, four were heard in the High Court with the defendants pleading not guilty. Tong Ying-kit twice failed in his challenges over the Secretary for Justice’s power to direct that a case be tried without a jury; the Court of Appeal ruled that the prosecution’s decision was not subject to intervention. In all four cases, the Secretary for Justice issued directions for them to be heard by three designated judges, stating that this “absolutely does not diminish any lawful rights of the defendants”.
The High Court approved Jimmy Lai’s application to engage British King’s Counsel Tim Owen to represent the defence. After two unsuccessful appeals by the Department of Justice, the Standing Committee of the National People’s Congress issued an interpretation stating that the court should obtain a certificate from the Chief Executive. The Lai case has gone to trial, but Tim Owen ultimately did not join the defence team.
The National Security Law also introduced graded sentencing and specified sentence ranges. After Lui Sai Yu twice failed in appeals, the Court of Final Appeal ruled that a sentence reduction for a guilty plea could not go below the statutory minimum. The four defendants in Lui’s case were among those who, after pleading guilty, did not receive the full reduction and were sentenced to between five years and five years and three months in prison.
《香港國安法》引入專有刑事訴訟程序，被告曾透過司法覆核或上訴挑戰。《法庭線》整理 3 年半以來的爭議及影響，以及經由法院裁決及人大釋法逐步確立的國安案「新式審訊」。
至今 14 宗已起訴的國安案中，有 4 宗在高院審理而被告不認罪。就律政司長可指示不設陪審團，唐英傑兩度挑戰失敗；上訴庭指檢控決定不受干預。而該 4 宗案，律政司長都已發指示，由 3 名指定法官審理，又指安排「絕無減損被告人的任何合法權益」。
黎智英獲高院批准聘英國御用大狀 Tim Owen 代表抗辯，律政司兩度上訴失敗後，人大常委會釋法，指法院應向特首取得證明書。黎案已開審，Tim Owen 最終沒加入辯方團隊。
《國安法》亦引入分級量刑，並指定刑期範圍。呂世瑜兩度上訴失敗，終院裁定認罪減刑不可超出條文下限；包括呂的 4 名被告，認罪後均未能獲全數扣減，被判囚 5 年至 5 年 3 個月。
22 Dec 2023法庭線#2720
國安法三年半．案件一覽｜91個被指控危害國安的人 在法庭上面對甚麼罪狀？
The National Security Law has been in force in Hong Kong for nearly three and a half years. A total of 14 national security offence cases have been prosecuted, involving 91 defendants. They have been accused of advocating “Hong Kong independence”, requesting foreign sanctions, conspiring to indiscriminately veto the budget, advocating “ending one-party dictatorship”, planning to plant bombs, and inciting armed revolution and insurrection, among other acts and speech alleged to endanger national security.
The 14 cases are at different stages of judicial proceedings. Some defendants were convicted after trial and sentenced to nine years’ imprisonment; some pleaded guilty but did not receive the full reduction in sentence because of the minimum sentencing requirements; some had been remanded in custody for more than 1,000 days before their trials began; and some refused to accept restrictions on their speech and relinquished bail even after being granted it. Some successfully had reporting restrictions lifted, allowing details of the trial proceedings to be made public; others have completed their sentences and regained their freedom.
The Witness has compiled the case details and important issues arising from the court proceedings, enabling readers to follow the background and progress of each case.
《國安法》 在港實施至今快將 3 年半，已起訴的國安罪行案件共有 14 宗，涉及 91 名被告。他們被指控鼓吹「港獨」、請求外國制裁、串謀無差別否決預算案、提倡「結束一黨專政」、策劃放置炸彈，以及煽惑武裝革命和起義等，言行危害國家安全。
14 宗案件正處司法程序的不同階段，有人經審訊被裁定罪成，重囚 9 年；有人認罪惟受刑期下限所限，未獲全數減刑；有人於開審前已還押逾千日；有人拒絕接受言論受限，即使獲准保釋亦放棄。有人成功撤銷報道限制，讓審訊程序的內容曝光；有人已服刑完畢，重獲自由。
《法庭線》整理案情，以及法庭程序牽涉的重要議題，讓讀者掌握各案的背景和進展。
21 Dec 2023法庭線#2709
國安法三年半．拘捕檢控篇｜交護照、拒保釋、禁言 針對嫌疑人布下的天羅地網
In June 2020, the Standing Committee of the National People’s Congress passed the Hong Kong National Security Law, which the Hong Kong government gazetted and implemented that same night. Hong Kong entered a “new era of national security”: safeguarding national security became a priority, while acts endangering national security became serious offences, with the government devoting every effort to preventing, suppressing and punishing them. Nearly three and a half years later, more than 280 people have been arrested for allegedly endangering national security.
The Court of First Instance Line’s statistics show that at least 164 of them were arrested or prosecuted on charges under the National Security Law. After becoming suspects, they faced close restrictions. For example, they were barred from leaving Hong Kong while on bail pending investigation, in some cases for years. After being charged, courts considered bail applications under a strict threshold; even when bail was granted, relatively onerous conditions were imposed, such as prohibiting speech on social media. Jimmy Lai, who was granted bail at one point, was also barred from leaving his residence. Sixty-four people remained in custody throughout, losing their personal liberty, and more than half had been remanded for over 1,000 days by then.
The United Nations Human Rights Committee has expressed concern that the application of the National Security Law and its implementation rules inappropriately restrict rights under the International Covenant on Civil and Political Rights. The Hong Kong government issued a lengthy rebuttal, stating that in formulating the National Security Law it had fully considered relevant provisions, including those of the Covenant, and that the law also stipulates that safeguarding national security must respect and protect human rights.
2020 年 6 月，全國人大常委會通過《香港國安法》，港府即晚刊憲實施，香港進入「國安新時代」——維護國安成為要務，而危害國安成為嚴重罪行，政府傾盡全力防範、制止和懲治。至今快將三年半，逾 280 人被指涉嫌危害國安被捕。
《法庭線》統計，當中至少 164 人是因《國安法》罪名被捕或檢控，在成為嫌疑人後，他們受到嚴密防範，例如保釋候查期間被禁離港，時間以年計；被起訴後，法院按嚴格門檻考慮保釋申請，即使批准，亦會設下相對嚴苛的條件，例如禁社交平台言論，一度獲准保釋的黎智英亦被禁離住所。而有 64 人一直還押，失去人身自由，逾半至今已還押逾千日。
聯合國人權事務委員會曾指出，關注《國安法》的適用及實施細則不適當地限制《公民權利和政治權利國際公約》的權利。港府發長文反駁，指制定《國安法》過程中，已全面考慮包括《公約》在内的相關內容，亦訂明維護國安應當尊重和保障人權。
3 Jul 2023獨媒#7911
【國安法三年．數據分析】259人被捕 71人涉煽動 定罪率百分百
Three years after the National Security Law came into effect, the government says Hong Kong has “moved from chaos to governance” and that “residents’ lives have returned to normal”, while stressing that the law affects only “a small group of people”.
After three years, InMedia’s statistics show that at least 259 people were arrested by police for allegedly engaging in acts and activities endangering national security. Among them, 155 people and five companies were prosecuted, including three companies linked to Apple Daily, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, and Stand News. The three organisations subsequently ceased publication or disbanded. Meanwhile, 66 people are being remanded in custody; more than half have been remanded for over two years, with the longest period reaching 1,025 days. The Hong Kong Alliance subversion case has been committed to the High Court, but the trial date has yet to be set.
《國安法》實施三年，政府表示香港已「由亂變治」，「市民生活重回正軌」，並強調《國安法》只影響「一小撮人」。
三年過去，《獨媒》統計，至少259人被指從事危害國家安全的行為和活動而被警方拘捕，當中155人和5間公司被檢控，包括《蘋果日報》相關的三間公司、支聯會和《立場新聞》，三間機構先後停刊、解散。與此同時，66人正在還柙，逾半已還柙逾兩年，最長達1,025日；支聯會顛覆案已交付高院，但審期仍未定。
6 May 2023法庭線#6412
《法庭線》就《立場》被指煽動案中鍾沛權36日作供作出整合
The trial of Stand News, charged with conspiracy to publish seditious publications, is the first prosecution of a media organisation for sedition since 1997. The trial began in October 2022 and has lasted 52 days so far. Former editor-in-chief Chung Pui-kuen completed 36 days of testimony in early April. The other defendant, former acting editor-in-chief Lam Siu-tung, will not testify or call witnesses. The case has been adjourned until 19 June for closing submissions.
The issues covered in Chung’s testimony were wide-ranging. In addition to the articles in the case, they included the special publication “Lizhi”, journalistic principles, newsroom operations, his personal political stance, and his thoughts and experiences as he faced Stand News’ final struggles. During cross-examination and re-examination, the prosecution and defence each submitted more than 200 new documents. Defence counsel Audrey Eu said in court at one point that although the public believed the case involved more than 100 articles, she clarified that there were only 17 articles in the case.
How did the prosecution argue that the articles were seditious? Why did both sides submit so many new articles? And what did news mean to Chung Pui-kuen? The Witness has compiled the key points from Chung’s testimony over the course of the trial to help readers follow its progress.
《立場新聞》被控「串謀發布煽動刊物罪」，為 1997 年後首宗傳媒被控煽動案的審訊，2022 年 10 月開審至今歷 52 日審訊，前總編輯鍾沛權在 4 月初完成 36 日作供。另一被告、前署任總編輯林紹桐不作供亦不傳召證人，案件押至 6 月 19 日結案陳詞。
鍾沛權作供所牽涉的議題眾多，除了涉案文章，還有特刊《立誌》、新聞原則、編輯室運作、個人政治立場，以及他面對《立場》最後掙扎的心路歷程。控辯雙方在盤問、覆問期間，分別呈遞逾 200 份新文件，辯方余若薇一度在庭上表示，外界以為本案涉及百篇文章，她澄清涉案文章只有 17 篇。
究竟控方如何指控文章煽動？控辯雙方為何呈遞多篇新文章？在鍾沛權眼中，新聞又是怎樣一回事？《法庭線》整理鍾沛權連日供詞重點，讓讀者更易掌握審訊進展。
5 Feb 2023法庭線#6012
47人案・開審前整合｜串謀顛覆國家政權罪首案 16人不認罪受審 全案32人已押逾700天
The case centres on a primary organised by the pro-democracy camp in July 2020 for the Legislative Council election. The 16 defendants are from four geographical constituencies, including New Territories East and Hong Kong Island, and two functional constituencies, Medical and Health Services and the super district council constituency. Ng Ching-hang was not a candidate (see the table in the main article). The prosecution alleges that the defendants conspired to subvert state power by threatening to use force or other unlawful means to seriously interfere with the lawful performance of duties by the organs of power in Hong Kong. At the pre-trial review, the prosecution said that three defendants would testify as accomplice witnesses, but did not disclose their names. The 31 defendants who pleaded guilty will be sentenced after the trial.
This is the first case under the National Security Law involving the offence of conspiracy to subvert state power. If convicted, the defendants will be subject to the three-tier penalty regime, under which principal offenders may be sentenced to life imprisonment. The 47 defendants first appeared in court in early March 2021. To date, 13 have been granted bail, while the remaining 34 have been remanded in custody. As of the start of the trial, 32 of them had been remanded for more than 700 days.
案件圍繞 2020 年 7 月，民主派就立法會換屆選舉所籌辦的一場初選；16 名被告分別屬於新界東、港島等 4 個地區，以及醫療衞生和超區 2 個功能界別，而吳政亨並非參選人（見內文表）。控方指控眾被告串謀旨在顛覆國家政權，以威脅使用武力或其他非法手段嚴重干擾香港政權機關依法履行職能。在審前覆核，控方指案中有 3 被告將以「共犯證人」身份作供，惟未透露名字。31 名認罪被告將於審訊後判刑。
本案是《港區國安法》下「串謀顛覆國家政權」罪首案，若罪成將按三級罰則，「首要分子」最高可判處終身監禁。此外，47 名被告 2021 年 3 月初首度提堂，至今 13 人獲准保釋；餘下 34 人還押，截至開審日，當中 32 人已還押逾 700 天。
Translations are supplied by the source workbook. Consult the original reporting for context.
