Sedition Offence: Three and a Half Years of Arrests and Prosecutions | 55 Charged Under Old Sedition Law, More Than 70% of Cases Involved Online Speech
煽動罪三年半．拘捕檢控篇｜共55人被控舊煽動罪 逾七成案涉網上言論
The National Security Law was implemented in Hong Kong in 2020, and the government also brought prosecutions under the sedition offence in the Crimes Ordinance. This was the first time the offence had been invoked since 1997. In March 2024, the Safeguarding National Security Ordinance was passed, changing the elements required to establish the sedition offence and increasing the penalties. The old provisions were replaced from then on and became history. From the sedition offence being invoked again until its repeal, a period of about three and a half years, 55 people and four companies were charged in 37 cases. Of these, 33 have been concluded, while four cases, including those involving Apple and Stand News, remain at the trial and appeal stages. The 37 cases show how the government used the sedition offence to regulate speech and conduct, while the courts’ rulings also set new boundaries for freedom of speech, the press and publication. The Witness examines the cases in a series of reports, covering the process from prosecution to sentencing. The first article analyses the cases, examining how many involved online speech and what sedition intent the government most frequently cited in prosecutions.
2020 年《國安法》在香港實施，政府並引用《刑事罪行條例》下的煽動罪起訴，是 1997 年後首次引用該罪。至 2024 年 3 月，《維護國安條例》通過，改變煽動罪的定罪元素，並加重罰則，舊條文自此被取代，成為歷史。 舊煽動罪由重新引用至被廢除，歷時大約 3 年半，這段時間共有 55 人及 4 間公司被控，分成 37 宗案件，當中 33 宗已審結，而《蘋果》、《立場》等 4 案則仍處審訊及上訴階段。 這 37 宗案件反映政府如何運用煽動罪規範言行，而法庭的裁決亦為言論、新聞及出版自由定出新的界線。《法庭線》以專題報道，整理由起訴至判刑的情況，第一篇會分析案情，看看有多少宗涉及網上言論，而政府最常引用作起訴的煽動意圖又是甚麼。