21 Dec 2023法庭線#2704
支聯會被指煽動顛覆案 鄒幸彤高院申保釋被拒 案件料2024下半年開審
The case against the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chair and vice-chairs Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, who are accused of incitement to subversion of state power, has been transferred to the High Court. No formal trial date has yet been set. Chow, who has been remanded in custody for more than two years, applied for bail at the High Court for the first time. After hearing submissions from both sides on Thursday (21st), the National Security Law-designated judge Andrew Hing Wai Chan rejected Chow’s application, finding insufficient grounds to believe that she would not continue to engage in acts endangering national security.
Reporting restrictions on the bail proceedings were lifted. The defence said the Alliance’s “Five-Point Programme”, which it had followed for 30 years, aimed to democratise China, and that the prosecution could not focus only on “ending one-party rule” while ignoring “building a democratic China”. The defence said the Alliance’s activities had continued for many years, while China had nevertheless grown increasingly prosperous and powerful, with no indication that they threatened national security.
The defence also disclosed that Chow intended to defend herself in person and would call a Chinese constitutional law expert as an expert witness, hoping to be released on bail so she could communicate with the expert. The prosecution opposed the application, saying Chow had received 429 visits from friends and relatives and 62 visits from lawyers while in custody, and that it did not consider her unable to prepare her case in detention. The judge also revealed in court that the trial was expected to begin in the second half of 2024.
支聯會及其前正、副主席李卓人、何俊仁及鄒幸彤被指「煽動顛覆國家政權」案,已交付高等法院處理,尚未有正式開審日期。還押逾兩年的鄒幸彤首次向高等法院申請保釋。《國安法》指定法官陳慶偉周四(21 日)聽取控辯雙方陳詞後,認為沒足夠理由相信,被告不會繼續實施危害國家安全的行為,拒絕鄒幸彤的申請。
本案獲批解除保釋報道限制。辯方表示,支聯會沿用 30 年的「五大綱領」,旨在中國民主化,控方不能僅針對「結束一黨專政」,忽略「建設民主中國」。而支聯會行為已持續多年,中國仍日漸堀起、強大,沒有跡象危及國安。
辯方又透露,鄒幸彤擬親自抗辯,會傳召中國憲法專家任專家證人,望能保釋外出與專家溝通。控方則反對指,還押期間鄒幸彤錄得 429 次親友探訪,及 62 次律師探訪,不認為她未能在羈留下準備案件。法官另在庭上透露,本案預料 2024 年下半年開審。
26 Oct 2023法庭線#8544
涉社交媒體發布制裁官員、「港獨」訊息 五旬漢被控煽動 再被拒保釋
A 57-year-old man was accused of posting seditious messages on Facebook and X (formerly Twitter) advocating Hong Kong independence and calling for sanctions against government officials. He was charged with one count of doing one or more acts with seditious intention, and appeared at West Kowloon Magistrates’ Courts on Thursday (26th) for a bail review.
After hearing submissions from both sides, Chief Magistrate So Wai-tak refused the defendant’s bail application and remanded him in custody until 4 December for a further hearing. The defendant also retained the right to a bail review within eight days, which will be dealt with on 3 November.
57 歲男子被指在 Facebook 及 X(前稱 Twitter)發布鼓吹「港獨」、要求制裁政府官員等煽動訊息,被控一項「作出一項或多項具煽動意圖的行為罪」,周四(26 日)在西九龍裁判法院進行保釋覆核。
總裁判官蘇惠德聽畢雙方陳詞,拒絕被告保釋申請,還押至 12 月 4 日再訊。被告另保留 8 天保釋覆核權,將於 11 月 3 日處理。
28 Mar 2023法庭線#6226
涉口岸爆炸品案、25歲男還押逾年 高院申保釋獲批 官囑遵守條件:唔好令我失望
In early 2020, explosives were found in a public toilet at Shenzhen Bay Port and aboard a Lo Wu MTR train, among other locations. An organisation later claimed responsibility, saying the action was intended to demand that the government “close the border”. Police subsequently arrested eight people. One male defendant applied for bail at the High Court on Tuesday (the 28th), and the application was granted by Judge Cheung Wai-ling. After granting bail, the judge told the defendant: “Don’t disappoint me.”
2020 年初,深圳灣口岸公廁、羅湖港鐵車廂等被發現有爆炸品,事後有組織承認行動,指為要求政府「封關」。警方其後拘捕 8 人,其中一名男被告周二(28 日)於高等法院申請保釋,獲法官張慧玲批准。法官批准被告保釋後,對他表示「你真係唔好令我失望」。
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。
21 Dec 2022法庭線#5861
12港人|鄭子豪准2萬元保釋候刑期上訴 官:「麻煩你喇,真係唔好有走動」
“12 Hong Kong fugitives” Cheng Tsz-ho pleaded guilty in 2022 in both the absconding case and a case involving possession of explosives at a Wan Chai warehouse. The trial judge ordered part of the sentences in the two cases to run concurrently, resulting in a total sentence of 31 months. However, because the days Cheng Tsz-ho spent on remand were deemed to have completed the sentence in the absconding case, the Correctional Services Department was unable to comply with the relevant order, resulting in an actual period of imprisonment longer than the sentence imposed.
On Wednesday (the 21st), Cheng Tsz-ho, represented by barrister Audrey Eu, applied to the Court of Appeal of the High Court for bail pending an appeal against the sentence. The application was approved by Court of Appeal judge Mr Justice Patrick Pang.
「12 港人」鄭子豪 2022 年先後於潛逃案及灣仔倉庫管有爆炸品兩案認罪,原審法官下令兩案部分刑期同期執行,總刑期為 31 個月。但因鄭還押日數被視為服畢潛逃案刑期,懲教署無法遵循相關命令,令實際刑期多於判刑。
鄭子豪周三(21 日)由大律師吳靄儀代表,向高院上訴庭申請保釋等候上訴刑期,獲上訴庭法官彭偉昌批准。
16 Dec 2022法庭線#5839
光城者涉串謀恐怖活動案 15歲男生高院申保釋被拒 6被告明年3月答辯
A boy who was 15 when charged applied for bail in the High Court on Friday (16th). After hearing submissions, National Security Law designated judge Lee Wan-tang dismissed the application, and the boy remains in custody. The Judiciary’s website shows that the boy and the other five defendants in the case will formally enter pleas and be sentenced on 28 March 2023.
一名被起訴時 15 歲的男生周五(16 日)於高等法院申請保釋,《國安法》指定法官李運騰聽畢陳詞後駁回其申請,男生繼續還押。司法機構網頁顯示,男生與本案另外 5 名被告,將於 2023 年 3 月 28 日正式答辯及判刑。
13 Dec 2022法庭線#5826
《立場》被指煽動案|還押近一年 前總編鍾沛權獲准保釋
Former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company behind Stand News were charged with “conspiracy to publish seditious publications”. After a five-day trial last month, the defence questioned why the police had not provided all the evidence-gathering materials and said it would apply for a permanent stay of proceedings. Lam Siu-tong was also granted bail.
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐,以及《立場》所屬公司被控「串謀發布煽動刊物」,上月經歷 5 日審訊後,辯方質疑警方沒提供所有搜證材料,表示會申永久終止聆訊,林紹桐亦獲准保釋。
6 Dec 2022法庭線#5801
支聯會被指煽動顛覆案|李卓人高院申保釋被拒 呈張炳良石禮謙信件證「和理非」
In the case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, its former chair and vice-chair Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung are accused of “inciting subversion of state power”, Lee, who has been remanded for more than a year, applied for bail at the High Court on Tuesday (the 6th). The defence submitted letters from several political figures, including former Secretary for Transport and Housing Cheung Bing-leung and Abraham Razack, a former pro-establishment Legislative Council member, to demonstrate that Lee is a representative figure of the labour sector, is “peaceful, rational and non-violent”, and keeps his word and would certainly comply with the bail conditions.
After hearing submissions from both the prosecution and defence, Judge Andrew Hing Wai Chan considered that the Alliance had operated for a long time and that, after the National Security Law took effect, Lee continued to act in the name of the Alliance. The judge also considered that whether the slogan “end one-party dictatorship” in the Alliance’s five-point programme was subversive remained a matter for interpretation, and that the case against Lee was quite strong. If convicted, he would receive a substantial prison sentence. Lee’s application was ultimately refused and he must remain in custody.
支聯會、前正、副主席李卓人、何俊仁及鄒幸彤被指「煽動顛覆國家政權」案,還押逾一年的李卓人周二(6 日)向高等法院申請保釋。辯方呈上多封政界人物的信件,如前運輸及房屋局局長張炳良、建制派前立法會議員石禮謙等,指李卓人是勞工界代表人物,力證他是「和理非」、為人信守承諾,定必遵守保釋條件。
法官陳慶偉聽畢控辯雙方陳詞,認為支聯會運作已久,《國安法》生效後,李卓人仍以支聯會名義行事,而支聯會五大綱領中「結束一黨專政」口號是否具顛覆性有待詮釋,認為針對李卓人的指控相當強,一旦罪成會判處不短刑期,最終拒絕李的申請,他須繼續還押。
23 Nov 2022法庭線#5750
12 港人|廖子文獲准以 2 萬元保釋候刑期上訴 早前高院判詞透露原審誤提分期執行
In July 2022, Liu Tsz-man, who was 18 at the time of the offences, was sentenced to a total of 31 months’ imprisonment in two cases: absconding from Hong Kong in the “12 Hong Kongers” case and possessing explosives at a warehouse in Wan Chai in 2019. Liu appealed against the sentence and applied for bail pending the appeal at the High Court on Wednesday (the 23rd). After hearing submissions from the prosecution and defence, appellate judge Pang Wai-cheong granted him bail of $20,000, on the conditions that he report to a police station three times a week, reside at his reported address, not leave Hong Kong and surrender his travel documents. The judgment will be handed down on a date to be fixed.
2022 年 7 月,廖子文(案發時 18 歲) 先後就「12 港人」潛逃、2019 年灣仔倉庫管有爆炸品兩案,共被判囚 31 個月。廖子文不服刑期提上訴,周三(23 日)向高院申請保釋等候上訴。上訴庭法官彭偉昌聽畢控辯雙方陳詞,批准他以 2 萬元保釋,期間每周三次向警署報到、在報稱地址居住、不得離港及交出旅遊證件,並擇日頒下判詞。
11 Nov 2022法庭線#5702
光城者涉串謀恐怖活動 18 歲女學生首向高院申保釋遭拒
The organisation ‘Light City’ was accused of planning to place bombs at various locations in Hong Kong. Seven men and women aged 15 to 24 were charged under the National Security Law with conspiracy to commit terrorism. Six of them remain on remand, now for more than a year. Among them, 18-year-old student So Wing-ching made her first bail application to the High Court on Friday (11th) without legal representation. The prosecution opposed the application.
Li Wan-tang, a judge designated under the National Security Law, rejected the bail application after considering submissions from both sides. The Judiciary’s website shows that she and five other defendants in the same case are scheduled to enter pleas and be sentenced on 28 March 2023.
組織「光城者」被指計劃在香港不同地方放置炸彈,7 名 15 至 24 歲的男女被控《國安法》的「串謀恐怖活動罪」,當中 6 人仍在還押、至今超過一年。其中 18 歲女學生蘇穎貞,周五(11 日)在沒有律師代表下,首度向高等法院申請保釋,被控方代表反對。
《國安法》指定法官李運騰考慮雙方陳詞後,拒絕批出擔保。司法機構網頁顯示,她和同案 5 名被告獲排期在 2023 年 3 月 28 日答辯及判刑。
Translations are supplied by the source workbook. Consult the original reporting for context.