13 Sept 2024法庭線#4043
4港大生涉致謝梁健輝認罪判囚兩年 刑期上訴得直減至囚15月
The then-chairman of the University of Hong Kong Students’ Union Council Kinson Cheung King-sang, Students’ Union president Charles Kwok Wing-ho, and two council members Chris Todorovski and Anthony Yung Chung-hei were accused of moving and supporting a motion at a council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism” and pleaded guilty to the alternative charge of “inciting others to intentionally cause bodily harm”. They were each sentenced to two years’ imprisonment.
The four appealed against their sentences and the case was heard at the High Court on Friday (the 13th). After hearing submissions from both sides, the Court of Appeal found the trial court’s 35-month starting point for sentencing manifestly excessive. It held that the appropriate starting point was two years; after the 20% guilty-plea discount applied at trial and mitigating factors, the total sentence should be 15 months’ imprisonment. Some defendants’ family members wept after the ruling, while someone also shouted, “Happy birthday.”
The four began serving their sentences in September 2023 and have served about one year to date. Under the Prison Rules, prisoners may receive a remission of one-third of their sentence for good conduct. However, the Safeguarding National Security Ordinance Bill stipulates that prisoners serving sentences for offences endangering national security may receive remission for good conduct only if the Commissioner of Correctional Services is satisfied that this “will not be contrary to national security”.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪，承認交替控罪「煽惑他人有意圖而傷人」，被判監禁兩年。
4 人不服判刑提上訴，周五（13 日）在高等法院聆訊。上訴庭聽畢雙方陳詞，認為原審量刑起點 35 個月監禁明顯過重，適合量刑起點應為 2 年，扣除原審的 20% 認罪扣減、求情因素，總刑期應為 15 個月監禁。有被告家屬聞判哭泣，亦有人高呼「生日快樂」。
4 人於 2023 年 9 月起服刑，至今約一年。根據《監獄規則》，囚犯可因行為良好獲減刑三分一。惟《維護國家安全條例草案》訂明，因危害國安罪行服刑的囚犯，須獲懲教署署長信納「不會不利國家安全」，方可獲行為表現良好的減刑。
23 Nov 2023法庭線#8685
4港大生涉致謝梁健輝認罪判囚兩年 全數4人提出刑期上訴
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the students’ union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a council meeting in 2021 thanking Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of “inciting others to wound with intent” and were each sentenced to two years’ imprisonment.
After Kinson Cheung King-sang and Chris Todorovski lodged sentence appeals on November 10, 2023, the other two, namely Charles Kwok Wing-ho and Anthony Yung Chung-hei, also appealed their sentences. However, court documents do not show when Kwok and Yung lodged their appeals. The Judiciary’s website currently shows that the case is still awaiting a hearing date.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪。4 人承認交替控罪「煽惑他人有意圖而傷人」，各被判囚 2 年。
繼張敬生、杜林丞亨在 2023 年 11 月 10 日提出刑期上訴後，另外兩人即郭永皓、容頌禧亦提刑期上訴，不過法庭文件未顯示郭、容提出上訴日期。目前司法機構網頁顯示，案件仍待排期聆訊。
14 Sept 2023法庭線#8367
涉致謝梁健輝4港大生認煽惑傷警 官接納公開道歉等為有力求情 指屬主動放棄犯罪
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a 2021 council meeting concerning Leung Kin-fai, the suspect in the July 1 police stabbing case. They were charged under the National Security Law with “advocating terrorism”. Before the trial began, the four pleaded guilty to the alternative charge of “inciting others to wound with intent”.
The case came before the District Court for mitigation on Thursday (14th). The defence argued that the defendants should receive the full one-third reduction for pleading guilty, but Judge Adriana Noelle Tse Ching questioned this, saying that as the pleas were entered only at the pre-trial review, the defendants should receive only a 25% reduction under Court of Appeal guidelines. The judge also asked who had destroyed the defendants’ futures and said it was regrettable that he had to sentence promising young people. The defence further argued that the defendants’ public apologies and withdrawal of the motion were strong mitigating factors. The judge agreed, saying these amounted to “voluntary abandonment of the crime” under the National Security Law.
The prosecution also sought to submit new facts to correct a grammatical error, but the judge rejected the request emphatically. The case was adjourned until next Wednesday for further mitigation proceedings, and the four were allowed to remain on bail.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及 2 名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪。4 人開審前承認交替控罪「煽惑他人有意圖而傷人」。
案件周四（14 日）在區院求情。辯方力陳被告應獲全數三分一的認罪扣減，法官謝沈智慧質疑被告於審前覆核時才認罪，按上訴庭準則應只得 25% 減刑。官亦曾反問是誰摧毀被告的未來？並指遺憾地要對有前途的年輕人判刑。辯方另指，被告公開道歉及撤回議案，為有力求情理由；官同意，認為屬《國安法》下「主動放棄犯罪」。
此外，控方欲呈新案情更正語法錯誤，被法官嚴詞拒絕。案件押後至下周三續處理求情，4 人續准保釋。
11 Sept 2023法庭線#8354
涉通過致謝梁健輝議案 4港大生認交替控罪煽惑有意圖傷警 宣揚恐怖主義罪撤銷
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the then-president of the Students’ Union, Charles Kwok Wing-ho, and two then-council members, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a Students’ Union Council meeting in 2021 concerning Liang Kin-fai, the suspect in the July 1 police stabbing case. They were charged with one count under the National Security Law of promoting terrorism.
The case opened at the District Court on Monday (11th). Before the trial began, all four pleaded guilty to the alternative charge of inciting others to wound with intent; the charge of promoting terrorism was withdrawn. Judge Adriana Noelle Tse Ching adjourned the case until Thursday for mitigation, and all four were continued on bail.
The case alleged that the HKU Council held an emergency meeting to discuss the July 1 police stabbing incident. Kinson Cheung King-sang chaired the meeting and led a minute’s silence. Charles Kwok Wing-ho moved a motion to thank Liang Kin-fai and express condolences, which was seconded by Chris Todorovski. To Lam and Anthony Yung Chung-hei spoke on the motion, referring to such remarks as “martyrs who sacrificed themselves for Hong Kong” and “people described by the Communist Party as terrorists will in fact become heroes”.
香港大學學生會評議會時任主席張敬生、時任學生會會長郭永皓，以及 2 名時任評議員杜林丞亨和容頌禧，被指於 2021 年學生會評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控一項《國安法》下的「宣揚恐怖主義」罪。
案件周一（11 日）在區域法院開審，4 人於開審前承認交替控罪煽惑他人有意圖而傷人，宣揚恐怖主義罪則撤銷。法官謝沈智慧押後至周四求情，4 人續准保釋。
案情指，港大評議會召開緊急會議討論「七一刺警」事件，張敬生主持會議並帶領默哀；郭永皓動議向梁健輝致謝及表示哀悼、杜林丞亨和議，而杜林與容頌禧分別就議案發言，提及「懷緬為港犧牲的烈士」、「被共產黨形容為恐怖分子的人，實際上會成為英雄」等。
16 Jul 2021眾新聞#1450
國安處搜港大學生會、校媒 現場消息稱查評議會涉宣揚恐怖活動
Officers from the police National Security Department went to the University of Hong Kong campus to investigate a case involving the HKU Students’ Union Council’s alleged promotion of terrorist activities, and searched the Students’ Union building and the offices of campus publication The Undergrad and Campus TV.
警方國安處人員就港大學生會評議會一宗涉嫌宣揚恐怖活動的案件，到港大校園進行調查，並搜查學生會大樓和校園傳媒《學苑》和校園電視的辦公室。
Translations are supplied by the source workbook. Consult the original reporting for context.
