3 Jul 2025法庭線#6988
國安法五年｜特首證明書、沒獄中減刑、遮蓋證據 政府的主張法院接納了多少？
The National Security Law enacted by the Standing Committee of the National People’s Congress has been implemented in Hong Kong for five years. How have Hong Kong courts, which follow the common law, handled conflicts or inconsistencies between the two systems’ legal principles and interpretations, given the emphasis on linking and compatibility with local laws? As local national security laws and mechanisms continue to be strengthened, what position have the courts taken on the Government’s arguments?
The Witness compiled and compared recent cases, showing that the courts accepted the Government’s arguments in most circumstances. For example, in the injunction case concerning “Glory to Hong Kong”, the Court of Appeal said that, regarding a certificate issued by the Chief Executive, the courts should “give absolute deference” to the executive authorities’ judgment. In a judicial review challenging the absence of sentence remission in prison, the Court of First Instance also agreed that the new approach was not an additional punishment and could even “help rehabilitation”.
In a small number of cases, the courts affirmed common law principles and drew boundaries on the application of Mainland laws. For example, in the Hong Kong Alliance refusal-to-provide-information case, the Court of Final Appeal reiterated that the right to a fair trial was paramount; if the prosecution insisted on relying on “public interest immunity”, it might have to consider withdrawing the charges.
Looking ahead, some disputes are expected to remain unresolved. For example, in the case involving 47 pro-democracy activists over the primary elections, the prosecution and defence are disputing the interpretation of “unlawful means” in the offence of subversion. The appeal will be heard by the Court of Appeal from mid-July this year.
全國人大常委會制訂的《國安法》在香港實施 5 年，強調與本地法律銜接、兼容，奉行普通法的香港法院，如何處理兩者法律原則和詮釋的衝突或不一致？本地國安法律與機制持續加強，法院對政府的主張又有何取態？
《法庭線》整理比較近期的案件，顯示法庭大部分情況接納政府的主張，例如上訴庭在「《願榮光》禁制令案」，指出就特首發出證明書，法院應對行政機關的判斷「予以絕對遵從」；在挑戰沒有獄中減刑的司法覆核案，原訟庭亦認同，新做法並非額外懲罰，甚至「有助更生」。
在少數案件，法院肯定普通法的原則，亦劃出內地法律適用的界線。例如終審法院在「支聯會拒交資料案」重申，公平審訊的權利是最重要，控方若堅持引用「公眾利益豁免權」或需考慮撤控。
可見未來，預計仍有一些爭議待解決。例如在「民主派初選 47 人案」，控辯爭議顛覆罪條文中「非法手段」的詮釋，該上訴案將於今年 7 月中開始，在上訴庭聆訊。
31 Jan 2023法庭線#5991
旁聽師煽動案｜罪成六旬婦放棄定罪上訴 即時服刑 監禁3個月
Peng Man-yuen, founder of the YouTube channel “Pastor and You Go Crazy”, and a woman in her sixties were accused of clapping and shouting while attending the hearing of the “Chow Hang-tung June 4 assembly case” in January 2022. They were charged with “publishing seditious words” and other offences. The woman was convicted in October 2022 and sentenced to three months’ imprisonment.
YouTube 頻道「牧師和你顛」創辦人彭滿圓及六旬婦，被指在 2022 年 1 月旁聽「鄒幸彤六四集結案」時拍手及叫囂，被控「發表煽動文字」等罪。當中六旬婦於 2022 年 10 月裁定罪名成立，判監 3 個月。
27 Jan 2023法庭線#5978
《立場》被指煽動案｜控方引員工卡片指寫有「星星之火」 稱可聯想「星火基金」
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company behind Stand News, who are charged with conspiracy to publish seditious publications, entered its 25th day at the District Court on Friday (27th).
Under questioning, Chung Pui-kuen testified that every employee joining Stand News could choose four characters to be printed on a card. The prosecution said one person had chosen “A Single Spark”, which could lead people to associate it with the Spark Alliance Fund. The remark caused an uproar in the public gallery. Chung testified that the arrangement was intended to provide space for employees to express their “self-expectations”. He also said that if criminal prosecutions were brought through associations, the chilling effect on freedom of expression would be disproportionate. Chung added that the prosecution’s questions had left him surprised: “Why is the evidence brought forward for a criminal prosecution so weak, while so many associations and speculations are being added?”
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周五（27 日）於區域法院踏入第 25 日審訊。
鍾沛權在盤問下供稱，每位入職《立場》的員工，都可揀選四字印上卡片。控方指有人選擇「星星之火」，令人聯想與「星火基金」有關，語畢旁聽席一片嘩然。鍾沛權供稱，有關安排是希望提供空間，讓員工表達「自我期許」，又指若透過聯想進行刑事檢控，對言論自由的寒蟬效應，大得不符比例。鍾又指，控方的提問令他感到詫異，「點解刑事檢控攞出嚟嘅證據咁薄弱之餘，係加諸咁多聯想、猜測？」
26 Jan 2023法庭線#5975
《立場》被指煽動案｜控方指訪問自稱襲警者不報警 鍾沛權：保護受訪者、透過報道履行責任
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tung and the company that operated Stand News, who are charged with conspiracy to publish seditious publications, entered its 24th day at the District Court on Thursday (26th), with Chung continuing to be cross-examined by the prosecution.
The prosecution cited a Stand News feature published in mid-November 2019, which included a person claiming to be from a frontline squad saying that it planned to ambush lone police officers, and questioned why Stand News had not reported the matter to the police. Chung said they had discussed whether it was necessary to report it, but did not do so in order to protect the source. He described handling the matter as “one of the most difficult decisions” he had made as a journalist.
He described it as “a moral dilemma”, saying he knew the interviewee’s advocacy could result in others being injured and that they could not “pretend not to see it after receiving the warning”. He ultimately decided to fulfil his responsibility through reporting, allowing the public to fully understand the frontline squad’s thinking, discuss it and consider how to respond. He said neither the government nor the public could “be an ostrich” and ignore the fact that some people in society were becoming radicalised and proposing methods close to terrorism; as a media organisation, it should “bring it out to face it and bring it out for discussion”.
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周四（26 日）於區域法院踏入第 24 日審訊，鍾沛權繼續接受控方盤問。
控方引述《立場》於 2019 年 11 月中的專題報道，當中有自稱前線小隊揚言計劃伏擊落單警員，質疑《立場》為何不報警。鍾沛權指，曾討論是否需要報警，但為了保護消息來源沒這樣做，直言處理這事件是他作為新聞工作者「其中一個最難嘅決定」。
他形容「呢件事係有道德嘅兩難」，知道該被訪者的提倡，或引致他人受傷，不可以「收到預告當睇唔到」，最後決定透過報道履行責任，讓公眾充分了解該前線小隊的想法，作出討論和思考如何應對。他認為，政府或大眾都不能做「鴕鳥」，忽視社會上有人走向激進，提出接近恐怖主義的手法，作為媒體應「攞出來面對，攞出來傾」。
26 Jan 2023法庭線#5976
《立場》被指煽動案｜控方就「武漢肺炎」字眼盤問、指習近平與病毒美術圖屬偏見
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company that operated Stand News, who are charged with conspiracy to publish seditious publications, entered its 24th day at the District Court on Thursday (26th).
The prosecution questioned Chung about the use of the term “Wuhan pneumonia” in news reports. The defence interrupted, questioning its relevance to the 17 articles in the case. The prosecution responded that Stand News articles could be used to “identify Chung Pui-kuen’s stance and thereby infer his intention”. The defence further questioned how, even if the reports were inaccurate, this showed Chung’s intention or how the reports “could help the prosecution”.
Judge Guo Wai-kin said that as the prosecution alleged Stand News was a political platform that incited others, the court should consider Chung’s and Stand News’s political orientation. He also said that, as a matter of judicial notice, “the WHO said not to stigmatise the virus and that ‘Wuhan pneumonia’ and ‘China pneumonia’ should no longer be used”, yet Stand News continued to use the terms. He ruled that the prosecution’s questions were relevant to the case and allowed the questioning to continue.
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周四（26 日）於區域法院踏入第 24 日審訊。
控方圍繞在新聞報道中使用「武漢肺炎」字眼盤問鍾沛權，期間辯方打斷，質疑與 17 篇涉案文章無關。控方回應，可從《立場》文章「找出鍾沛權的立場，從而推測其意圖」。辯方再質疑即使報道有錯，「都睇唔到鍾沛權意圖，（報道）點樣幫到控方？」
法官郭偉健指，控方指《立場》是政治平台、煽動他人，故法庭應考慮鍾及《立場》的政治取向，又指據司法認知，「世衞講咗唔好污名化病毒，唔應該再用武漢肺炎、中國肺炎」，而《立場》仍然使用，認為控方問題與本案有關，批准繼續盤問。
17 Jan 2023法庭線#5962
47人案｜林景楠改認罪 16不認罪被告排期2.6開審
The case against 47 pro-democracy figures accused of organising and participating in a primary election and charged with “conspiracy to subvert state power” has lasted nearly two years since their first appearance in March 2021. At a pre-trial review at the West Kowloon Magistrates’ Courts, acting for the High Court, on Tuesday (the 17th), Mike Lam King-nam’s legal representatives said that he would change his plea to guilty and might record a witness statement. The number of defendants pleading not guilty fell to 16, and the case was adjourned for trial to begin on February 6.
The prosecution told the court that three defendants in the case would testify as prosecution witnesses, but did not disclose their names.
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」案，由 2021 年 3 月首提堂起計至今近兩年，原有 17 人不認罪，林景楠周二（17 日）在西九龍裁判法院（暫代高等法院）處理審前覆核時，經法律代表指他會改為認罪，並可能錄取證人供詞。不認罪被告減至 16 人，案件押後至 2 月 6 日開審。
控方庭上透露，本案有 3 名被告將以控方證人身分作供，未有透露姓名。
11 Jan 2023法庭線#5932
47人案｜官裁30認罪被告 待不認罪被告審訊後才判刑
The 47 members of the pro-democracy camp involved in organising and participating in a primary election were charged with “conspiracy to subvert state power”. More than a year and a half after the prosecution began, 30 have pleaded guilty. Sixteen of them attended a case management hearing at the West Kowloon Magistrates’ Courts (acting as the High Court) on Wednesday (11th), where they disputed whether defendants who had pleaded guilty should be sentenced before the trial of the defendants who had pleaded not guilty. After three judges designated under the National Security Law adjourned for about an hour to deliberate, they decided to schedule sentencing for the defendants who pleaded guilty after the trial.
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」案，由檢控起計至今逾 1 年半，共 30 人認罪，當中 16 人周三（11 日）在西九龍裁判法院（暫代高等法院）處理案件管理聆訊，爭議認罪被告應否在同案不認罪被告開審前先行判刑。3 名《國安法》指定法官退庭商議約 1 小時後，決定安排認罪被告在審後判刑。
9 Jan 2023法庭線#5924
《立場》被指煽動案｜鍾沛權錄影會面稱涉案15文章由他審批 官裁表證成立周二續審
Former Stand News editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Siu-tong were arrested in December 2021 and, together with the company operating Stand News, charged with conspiracy to publish seditious publications. The two men were remanded for nearly a year before being granted bail at different times. The case entered its 16th day of trial at the District Court on Monday (9th).
The prosecution played a video-recorded interview with Chung Pui-kuen, in which he acknowledged under caution that he knew the contents of the 15 articles involved in the case, was responsible for approving them and had final decision-making authority. Asked who approved an interview about the Chinese University of Hong Kong clash and a report on Chow Hang-tung receiving the “China Outstanding Democracy Activist Award”, both published by Stand News after Chung Pui-kuen’s resignation, Chung said he had “nothing to say”, but knew the contents of both articles and what they expressed.
Judge Kwok Wai-kin ruled that the prosecution had established a prima facie case. The defence said it needed to discuss the matter with the defendants, and the hearing was adjourned to Tuesday (10th).
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐於 2021 年 12 月被捕，連同《立場》所屬公司被控「串謀發布煽動刊物罪」，兩人還押近一年，先後獲准保釋。案件周一（9 日）於區域法院踏入第 16 日審訊。
控方播放鍾沛權的錄影會面，他警誡下承認知道涉案 15 篇文章的內容，並由他負責審批，及擁有最終決策權。至於在鍾沛權辭任後，《立場》刊出中大衝突專訪及鄒幸彤獲頒「中國傑出民主人士獎」報道，被問及兩篇文章由誰審批，鍾表示「冇嘢講」，但知道兩者的內容及所表達的意思。
法官郭偉健裁定案件表證成立，辯方表示需與被告商討，押至周二（10 日）續審。
6 Jan 2023法庭線#5914
28歲男涉煽惑襲警、破壞社區檢測中心 准保釋2.10再訊
A 28-year-old man was accused of inciting others in February last year to assault police officers and vandalise a community testing centre. He was charged with three counts of incitement. The case was first brought before Kwun Tong Magistrates’ Courts on Friday (6th) and was adjourned to 10 February. The defendant was granted HK$10,000 cash bail.
28 歲男子涉於去年 2 月，煽惑他人襲擊警察及破壞社區檢測中心，被控 3 項煽惑罪，案件周五（6 日）在觀塘裁判法院首度提堂，押後至 2 月 10 日再訊，被告准以 1 萬元現金保釋。
5 Jan 2023法庭線#5908
速遞員認社交平台發布逾百煽動帖文囚8月 官：手法具極強滲透、傳播力
A 42-year-old courier was accused of repeatedly posting seditious statements on various social media platforms, including Facebook, Instagram and Twitter, from January 2021. The statements included advocating the independence of Hong Kong and parts of China, and encouraging others to imitate the man in the “7.1 police-stabbing case”. He earlier pleaded guilty to the offence of “doing one or more acts with a seditious intention” and was sentenced to eight months’ imprisonment at West Kowloon Magistrates’ Courts on Thursday (5th).
一名 42 歲速遞員，被指於 2021 年 1 月起多次在不同社交平台，包括 Facebook、Instagram 及 Twitter 發布煽動言論，包括宣揚香港及中國地方獨立、鼓勵他人仿效「7.1 刺警案」男子等。他早前承認「作出一項或多項煽動意圖的作為」罪，周四（5 日）在西九龍裁判法院被判囚 8 月。
Translations are supplied by the source workbook. Consult the original reporting for context.
