20 Nov 2024法庭線#4259
47人案｜港首宗顛覆案被告囚4至10年 低於許志永、丁家喜 部分高於王全璋
In Hong Kong’s first subversion case, 47 pro-democracy figures were accused of using a primary election to control the Legislative Council and then indiscriminately vetoing the budget to force the Chief Executive to step down. Forty-five were convicted and sentenced to between 4 years and 2 months and 10 years in prison. The judge said Dai Yaoting was “in substance advocating a revolution”. Dai, Au Nok-hin and Andrew Chiu were given a sentencing starting point of 15 years and, after reductions, sentenced to between 6 years and 9 months and 10 years.
China’s Criminal Law also provides for the offence of subversion, with provisions and sentencing tiers broadly similar to those in Hong Kong. In mainland subversion cases in recent years, legal scholar Xu Zhiyong and rights lawyer Ding Jiaxi were accused of forming an illegal civic movement organisation, writing seditious articles and holding secret meetings of an illegal organisation. They were sentenced to 14 years and 12 years in prison respectively. Rights lawyer Wang Quanzhang, whose case was related to the “709 case”, was also sentenced to four and a half years in prison.
Comparing the final sentences, all the defendants in the 47-person case received shorter terms than Xu Zhiyong and Ding Jiaxi, while 25 defendants received longer terms than Wang Quanzhang.
香港首宗顛覆案，47 名民主派被指藉初選控制立法會，繼而無差別否決預算案逼使特首下台，45 人罪成，判囚 4 年 2 個月至 10 年。法官指戴耀廷「實質上是提倡一場革命」，戴與區諾軒、趙家賢以囚 15 年為量刑起點，扣除減刑後被判囚 6 年 9 個月至 10 年。
中國刑法亦設有顛覆罪，條文及刑期分級與香港相若。近年內地顛覆案中，法律學者許志永、維權律師丁家喜，被指成立公民運動非法組織、撰寫煽動性文章及召開非法組織秘密會議，分別被判囚 14 年及 12 年；涉及「709 案」的維權律師王全璋亦被判囚 4 年半。
以最終刑期比較，47 人案被告的刑期全部低於許志永、丁家喜，但有 25 名被告的刑期高於王全璋。
23 Aug 2023法庭線#8246
12港人｜鄧棨然涉管汽油彈區院應訊 還押至11.2再訊
In August 2020, 12 Hong Kong people were suspected of attempting to flee to Taiwan but were intercepted and detained by the Guangdong maritime police. Ten of them were charged in mainland China with offences including organising others to illegally cross the border, and were sentenced to between seven months and three years in prison. Tang Kai-yin, who received the longest sentence of three years for organising others to illegally cross the border, completed his sentence in mainland China and was handed over to Hong Kong police on Tuesday (22nd). On Wednesday, he appeared in the District Court in connection with a 2019 case in which he was accused of handling petrol bombs.
The defence applied for an adjournment, saying that Tang’s legal-aid application had earlier been revoked and that he needed time to reapply. Judge Ko King-sau approved the application. The judge also raised concern that the charges had previously been amended in Tang’s absence; the prosecution said the latest charge sheet would be used. Tang did not apply for bail and was remanded until November 2 for a further hearing.
2020 年 8 月，12 名港人涉嫌潛逃到台灣，途中被廣東海警截獲拘留，當中 10 人在內地被控組織他人偷越邊境罪等罪，判囚 7 個月至 3 年。當中刑罰最重、因「組織他人偷越邊境」罪判囚 3 年的鄧棨然，內地刑滿出獄，周二（22 日）移交香港警方，周三就 2019 年被指管汽油彈案，在區域法院提訊。
辯方申請押後案件，指鄧早前申請法援被撤銷，需時再申請，獲法官高勁修批准。法官另關注，案件早前在鄧缺席下曾修改控罪，控方指會以最新控罪書為準。鄧棨然沒保釋申請，還押至 11 月 2 日再訊。
16 May 2023獨媒#6445
曾參與反修例女子涉煽動顛覆國家判監6年 警方：前年接獲內地通報
The mainland website Weiquanwang reported that Hong Kong woman Tam Chau-yim, who took part in the anti-extradition law protests, was arrested in mainland China in April two years ago and sentenced last July to six years in prison for the offence of “inciting subversion of state power”. A review of Tam’s Twitter account found that during the anti-extradition law protests, she posted slogans including “Never forget 7.21” and “Commemorate 8.31”, and called for participation in multiple rallies.
內地「維權網」報道指，曾參與反修例運動的香港女子覃秋艷前年4月在內地被拘捕，去年7月被控以「煽動顛覆國家政權罪」判刑監禁6年。翻查覃秋艷的Twitter 帳戶，她在反修例運動期間，曾寫上「毋忘721」、「紀念831」等口號，並呼籲參與多個集會。
Translations are supplied by the source workbook. Consult the original reporting for context.
