6 Jan 2025法庭線#4391
譚得志煽動案終極上訴周五聆訊 終院安排5本地法官審
People Power former vice-chairman Tam Tak-chi, known as “Quick B”, was accused of making remarks including “Black cops’ whole families die” and “Liberate Hong Kong, revolution of our times” while operating a street booth in 2020. After trial in 2022, he was convicted of 11 offences, including “uttering seditious words”, and sentenced to 40 months’ imprisonment. He has completed that sentence and is serving a separate sentence in the 47-person case. Tam was granted leave to bring a final appeal against his convictions, disputing whether sedition offences must be tried by a jury and whether an intention to incite violence must be proved. The case will be heard this Friday (10th), and is the first sedition case in Hong Kong to reach the Court of Final Appeal on appeal.
The Judiciary’s website shows that the case will be heard by five local judges: Chief Justice Andrew Cheung, permanent judges Frank Stock, Joseph Fok and Lam Man-hon, and non-permanent judge Patrick Siu Oi Chan. No overseas non-permanent judge will take part. The lineup is the same as in the “Lui Sai Yu case” and the case concerning the Hong Kong Alliance in Support of Patriotic Democratic Movements of China’s refusal to provide information.
人民力量前副主席「快必」譚得志,被指 2020 年擺街站時,發表「黑警死全家」、「光時」等言論,2022 年經審訊後被裁定「發表煽動文字」等 11 罪成,判囚 40 個月,已服畢刑期(另就 47 人案正服刑)。譚不服定罪上訴獲批終極上訴許可,爭議煽動罪須否由陪審團審訊、證明煽暴意圖,案件將於本周五(10 日)聆訊,是本港首宗上訴至終審法院的煽動罪案件。
司法機構網頁顯示,案件將由 5 名本地法官審理,分別為首席法官張舉能,3 名常任法官李義、霍兆剛、林文瀚,以及非常任法官陳兆愷,並沒海外非常任法官參與,名單與「呂世瑜案」、支聯會拒交資料案一致。
8 Aug 2024法庭線#3891
《立場》案三度押後裁決 主審法官郭偉健屆退休之齡 政府延長其任期至2025年
The Stand News case, in which the news outlet is charged with conspiracy to publish seditious publications, has spanned more than two and a half years since the formal charges were brought in December 2021. After three postponements, the verdict will be delivered on the 29th of this month. Presiding District Court Judge Kwok Wai-kin reaches retirement age this year, but the District Court Ordinance provides that a judge may remain in office as necessary if a case is being heard.
According to the May 2024 Government Gazette, Chief Executive John Lee, acting under the District Court Ordinance and on the recommendation of the Judicial Officers Recommendation Commission, extended Kwok’s tenure by 18 months, from 15 May 2024 to 14 November 2025.
The Judiciary told The Witness that, generally speaking, during an extension of tenure, judges at all levels may continue to receive fringe benefits and allowances apart from their salaries, such as housing, medical and dental benefits, and children’s education allowances.
《立場新聞》被控「串謀發布煽動刊物」案,由 2021 年 12 月正式起訴至今橫跨逾 2 年半,經三度押後,將在本月 29 日裁決。主審的區院法官郭偉健今年屆退休之齡,惟《區域法院條例》訂明,如有案件正在審理,可按需要留任。
翻查 2024 年 5 月的政府憲報,特首李家超按《區域法院條例》及司法人員推薦委員會建議,延長郭的任期 18 個月,由 2024 年 5 月 15 日起至 2025 年 11 月 14 日止。
司法機構回覆《法庭線》指,一般來說各級法官在延任期間,可繼續享有除薪金外的附帶福利和津貼,例如房屋福利、醫療及牙科福利、子女教育津貼等。
31 Jan 2022獨媒#1811
物管經理貼罵國安法官海報-判監8個月-官:不知不覺荼毒幼稚園生心靈
A property management manager was found guilty of displaying and possessing seditious publications after posting posters insulting a National Security Law judge, and was sentenced to eight months in prison. It was Hong Kong’s first sentencing for displaying and possessing seditious publications since 1967.
一名物管經理涉及張貼辱罵《國安法》法官海報,被判「展示及管有煽動刊物」罪成,判囚8個月,乃香港自1967年後「展示及管有煽動刊物罪」首宗判刑。
Translations are supplied by the source workbook. Consult the original reporting for context.