22 Dec 2023法庭線#2719
國安法三年半．審訊判刑篇｜沒陪審、聘海外狀須獲證明、認罪減刑受限下的新式審訊
The Hong Kong National Security Law introduced special criminal procedures, which defendants have challenged through judicial reviews and appeals. The Stand News整理 the disputes and impact over the past three and a half years, as well as the “new-style trials” in national security cases gradually established through court rulings and interpretations by the Standing Committee of the National People’s Congress.
Of the 14 national security cases prosecuted to date, four were heard in the High Court with the defendants pleading not guilty. Tong Ying-kit twice failed in his challenges over the Secretary for Justice’s power to direct that a case be tried without a jury; the Court of Appeal ruled that the prosecution’s decision was not subject to intervention. In all four cases, the Secretary for Justice issued directions for them to be heard by three designated judges, stating that this “absolutely does not diminish any lawful rights of the defendants”.
The High Court approved Jimmy Lai’s application to engage British King’s Counsel Tim Owen to represent the defence. After two unsuccessful appeals by the Department of Justice, the Standing Committee of the National People’s Congress issued an interpretation stating that the court should obtain a certificate from the Chief Executive. The Lai case has gone to trial, but Tim Owen ultimately did not join the defence team.
The National Security Law also introduced graded sentencing and specified sentence ranges. After Lui Sai Yu twice failed in appeals, the Court of Final Appeal ruled that a sentence reduction for a guilty plea could not go below the statutory minimum. The four defendants in Lui’s case were among those who, after pleading guilty, did not receive the full reduction and were sentenced to between five years and five years and three months in prison.
《香港國安法》引入專有刑事訴訟程序，被告曾透過司法覆核或上訴挑戰。《法庭線》整理 3 年半以來的爭議及影響，以及經由法院裁決及人大釋法逐步確立的國安案「新式審訊」。
至今 14 宗已起訴的國安案中，有 4 宗在高院審理而被告不認罪。就律政司長可指示不設陪審團，唐英傑兩度挑戰失敗；上訴庭指檢控決定不受干預。而該 4 宗案，律政司長都已發指示，由 3 名指定法官審理，又指安排「絕無減損被告人的任何合法權益」。
黎智英獲高院批准聘英國御用大狀 Tim Owen 代表抗辯，律政司兩度上訴失敗後，人大常委會釋法，指法院應向特首取得證明書。黎案已開審，Tim Owen 最終沒加入辯方團隊。
《國安法》亦引入分級量刑，並指定刑期範圍。呂世瑜兩度上訴失敗，終院裁定認罪減刑不可超出條文下限；包括呂的 4 名被告，認罪後均未能獲全數扣減，被判囚 5 年至 5 年 3 個月。
22 Dec 2023法庭線#2720
國安法三年半．案件一覽｜91個被指控危害國安的人 在法庭上面對甚麼罪狀？
The National Security Law has been in force in Hong Kong for nearly three and a half years. A total of 14 national security offence cases have been prosecuted, involving 91 defendants. They have been accused of advocating “Hong Kong independence”, requesting foreign sanctions, conspiring to indiscriminately veto the budget, advocating “ending one-party dictatorship”, planning to plant bombs, and inciting armed revolution and insurrection, among other acts and speech alleged to endanger national security.
The 14 cases are at different stages of judicial proceedings. Some defendants were convicted after trial and sentenced to nine years’ imprisonment; some pleaded guilty but did not receive the full reduction in sentence because of the minimum sentencing requirements; some had been remanded in custody for more than 1,000 days before their trials began; and some refused to accept restrictions on their speech and relinquished bail even after being granted it. Some successfully had reporting restrictions lifted, allowing details of the trial proceedings to be made public; others have completed their sentences and regained their freedom.
The Witness has compiled the case details and important issues arising from the court proceedings, enabling readers to follow the background and progress of each case.
《國安法》 在港實施至今快將 3 年半，已起訴的國安罪行案件共有 14 宗，涉及 91 名被告。他們被指控鼓吹「港獨」、請求外國制裁、串謀無差別否決預算案、提倡「結束一黨專政」、策劃放置炸彈，以及煽惑武裝革命和起義等，言行危害國家安全。
14 宗案件正處司法程序的不同階段，有人經審訊被裁定罪成，重囚 9 年；有人認罪惟受刑期下限所限，未獲全數減刑；有人於開審前已還押逾千日；有人拒絕接受言論受限，即使獲准保釋亦放棄。有人成功撤銷報道限制，讓審訊程序的內容曝光；有人已服刑完畢，重獲自由。
《法庭線》整理案情，以及法庭程序牽涉的重要議題，讓讀者掌握各案的背景和進展。
21 Dec 2023法庭線#2709
國安法三年半．拘捕檢控篇｜交護照、拒保釋、禁言 針對嫌疑人布下的天羅地網
In June 2020, the Standing Committee of the National People’s Congress passed the Hong Kong National Security Law, which the Hong Kong government gazetted and implemented that same night. Hong Kong entered a “new era of national security”: safeguarding national security became a priority, while acts endangering national security became serious offences, with the government devoting every effort to preventing, suppressing and punishing them. Nearly three and a half years later, more than 280 people have been arrested for allegedly endangering national security.
The Court of First Instance Line’s statistics show that at least 164 of them were arrested or prosecuted on charges under the National Security Law. After becoming suspects, they faced close restrictions. For example, they were barred from leaving Hong Kong while on bail pending investigation, in some cases for years. After being charged, courts considered bail applications under a strict threshold; even when bail was granted, relatively onerous conditions were imposed, such as prohibiting speech on social media. Jimmy Lai, who was granted bail at one point, was also barred from leaving his residence. Sixty-four people remained in custody throughout, losing their personal liberty, and more than half had been remanded for over 1,000 days by then.
The United Nations Human Rights Committee has expressed concern that the application of the National Security Law and its implementation rules inappropriately restrict rights under the International Covenant on Civil and Political Rights. The Hong Kong government issued a lengthy rebuttal, stating that in formulating the National Security Law it had fully considered relevant provisions, including those of the Covenant, and that the law also stipulates that safeguarding national security must respect and protect human rights.
2020 年 6 月，全國人大常委會通過《香港國安法》，港府即晚刊憲實施，香港進入「國安新時代」——維護國安成為要務，而危害國安成為嚴重罪行，政府傾盡全力防範、制止和懲治。至今快將三年半，逾 280 人被指涉嫌危害國安被捕。
《法庭線》統計，當中至少 164 人是因《國安法》罪名被捕或檢控，在成為嫌疑人後，他們受到嚴密防範，例如保釋候查期間被禁離港，時間以年計；被起訴後，法院按嚴格門檻考慮保釋申請，即使批准，亦會設下相對嚴苛的條件，例如禁社交平台言論，一度獲准保釋的黎智英亦被禁離住所。而有 64 人一直還押，失去人身自由，逾半至今已還押逾千日。
聯合國人權事務委員會曾指出，關注《國安法》的適用及實施細則不適當地限制《公民權利和政治權利國際公約》的權利。港府發長文反駁，指制定《國安法》過程中，已全面考慮包括《公約》在内的相關內容，亦訂明維護國安應當尊重和保障人權。
16 Nov 2023集誌社#8653
大學衝突四年｜整合近 200 份判案書 盤點 327 名中大理大暴動案被告現況
Four years ago in November, clashes between police and protesters erupted at several universities during the anti-extradition bill movement. The clashes at CUHK and PolyU were the most intense, and more than 1,400 people were arrested at the two institutions combined. Four years on, how many of those arrested have been prosecuted or convicted? The police declined to provide the latest figures.
《集誌社》reviewed nearly 200 court judgments and collated media reports, finding that at least 327 people were charged with rioting in connection with the clashes at the two universities: 317 in relation to the PolyU clashes and 10 in relation to the CUHK clashes. Of the 327 defendants charged with rioting, 221 were convicted after trial or pleaded guilty; the longest sentence was 68 months. At least 23 of them were under 18 at the time of the incidents, and four were sentenced to between 30 and 60 months in prison.
四年前 11 月，反修例運動期間多間大學爆發警民衝突；其中，中大和理大衝突最激烈，兩所院校合共逾 1400 人被捕。四年過去，被捕的 1400 人中多少人被檢控、被定罪？警方拒提供最新數字。
《集誌社》翻查近 200 份法庭判案書、綜合傳媒報道，統計到兩間大學衝突中，最少 327 人被控暴動，其中 317 人涉理大衝突、另外 10 人涉中大衝突。327 名被告暴動人士中，221 人經審訊後罪成或認罪，最長被判刑 68 個月；而當中最少 23 人案發時 不足 18 歲，其中四人被判囚 30 至 60 個月。
3 Jul 2023獨媒#7911
【國安法三年．數據分析】259人被捕 71人涉煽動 定罪率百分百
Three years after the National Security Law came into effect, the government says Hong Kong has “moved from chaos to governance” and that “residents’ lives have returned to normal”, while stressing that the law affects only “a small group of people”.
After three years, InMedia’s statistics show that at least 259 people were arrested by police for allegedly engaging in acts and activities endangering national security. Among them, 155 people and five companies were prosecuted, including three companies linked to Apple Daily, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, and Stand News. The three organisations subsequently ceased publication or disbanded. Meanwhile, 66 people are being remanded in custody; more than half have been remanded for over two years, with the longest period reaching 1,025 days. The Hong Kong Alliance subversion case has been committed to the High Court, but the trial date has yet to be set.
《國安法》實施三年，政府表示香港已「由亂變治」，「市民生活重回正軌」，並強調《國安法》只影響「一小撮人」。
三年過去，《獨媒》統計，至少259人被指從事危害國家安全的行為和活動而被警方拘捕，當中155人和5間公司被檢控，包括《蘋果日報》相關的三間公司、支聯會和《立場新聞》，三間機構先後停刊、解散。與此同時，66人正在還柙，逾半已還柙逾兩年，最長達1,025日；支聯會顛覆案已交付高院，但審期仍未定。
2 Jul 2023獨媒#7905
【上任一年】3名受美國制裁局長零外訪僅內交 政府：因工作需要而安排
The United States announced sanctions against several Hong Kong officials in July 2020. Three of them carried over from the Carrie Lam administration to the John Lee administration: Chris Tang Ping-keung, Erick Tsang Kwok-wai and Eric Chan Kwok-ki. In tracking the routes taken by the three to “tell Hong Kong’s story well”, InMedia found that, after one year in office, they had visited only mainland cities. Tang’s six trips were all visits to cities in the Greater Bay Area and Beijing, where he visited bodies including the Political and Legal Affairs Commission and the Hong Kong and Macao Affairs Office. InMedia separately asked the Security Bureau, the Constitutional and Mainland Affairs Bureau and the Office of the Chief Secretary for Administration whether the destinations of the three officials’ overseas visits had been affected by the sanctions. A government spokesperson said the arrangements were made according to work needs.
美國在2020年7月宣布制裁多名香港官員，當中有3名官員由林鄭班子過渡至李家超班子，分別是鄧炳強、曾國衞及陳國基。《獨媒》追蹤三人「說好香港故事」的路徑，發現他們上任一年後僅到訪過內地城市，例如鄧炳強6次出行都是內訪大灣區城市和北京，拜訪政法委及港澳辦等部委。《獨媒》分別向保安局、政制局及政務司司長辦公室查詢，三人的外訪目的地是否受制裁影響。政府發言人回覆指，相關安排均因應工作需要而定。
2 Jul 2023獨媒#7906
【上任一年】李家超一成時間外訪內交 最遠走中東 未踏足歐美
Hong Kong’s international image has changed following the anti-extradition bill movement and three years of the pandemic. After taking office, the John Lee administration stressed the need to “tell Hong Kong’s story well” to the world. Which countries did John Lee visit during his first year, and where did his overseas trips take him? 《獨媒》compiled publicly available information and organised the Chief Executive’s official visits since he took office. Including visits to Beijing to report on his work and trips to attend event opening ceremonies, John Lee left Hong Kong on 12 visits in total: 10 were mainland visits, while only two were overseas visits. In particular, after border controls were lifted in February, all his visits were to the mainland, including several Greater Bay Area cities, Hainan and Chongqing. The only overseas countries he visited were Thailand, Saudi Arabia and the United Arab Emirates. All of his predecessors as chief executive visited several European and American countries during their first year in office, but John Lee has yet to visit Europe or the United States as chief executive.
香港經歷反修例事件，以及3年疫情，在國際間的形象有變。李家超政府上任後，強調要向世界「說好香港故事」，李家超在過去一年出訪什麼國家？他的外訪足跡又是什麼？
《獨媒》從公開資料統計，並整理李家超上任至今的職務訪問行程。連同訪京述職及出席活動開幕式等行程，李家超一共有12次離開香港出訪，10次是前往內地「內交」，僅兩次是外訪，尤其在2月通關後清一色「內交」，先後走訪多個大灣區城市、海南和重慶等。外訪國家僅得泰國、沙特阿拉伯和阿聯酋。一眾前任特首，在上任之後首年都曾造訪歐美多國，但李家超至今仍未以特首身份踏足。
11 Jun 2023法庭線#7797
6.12四周年｜暴動案數據分析 58%審結 382人罪成判囚 近半料2025年或之後出獄
On 12 June 2019, the controversial Fugitive Offenders Ordinance amendment bill was originally scheduled to resume its second reading in the Legislative Council. With police maintaining tight security, protesters occupied Admiralty and threw objects at police. Police cleared the area using tear gas, rubber bullets and beanbag rounds, triggering the first major clash between police and protesters and opening the prelude to a series of subsequent conflicts. From the 1 July Legislative Council storming, the 5 August “three-strike” action, the 29 September anti-totalitarian march and the 6 October march against the anti-mask law to the PolyU incident in November, police arrested more than 10,000 people during numerous clashes and prosecuted more than 2,900.
According to figures compiled by the reporter, as of 5 June 2023, 836 people had been charged with rioting. As some defendants faced more than one riot charge, the total involved 862 defendant instances. Some 58% of the cases had concluded, with a conviction rate of 87%. Most defendants were sentenced to imprisonment, and 46% received prison terms of four years or more. One female clerk involved in two riots received an aggregate sentence of six years and nine months. In addition, this year the courts for the first time imposed sentences of less than two years in cases arising from the anti-extradition bill riots. Five of those defendants were involved in the PolyU clashes and received prison terms ranging from one year and three months to one year and seven months. The Department of Justice, dissatisfied that the sentences were too short, applied for sentence reviews.
Meanwhile, the cases involving 156 people had yet to go to trial. For 52 defendants, the period from the incidents to the scheduled trial dates was expected to exceed four years. They included Lam Cheuk-ting and six others, who were among the defendants in the “47-person case” and were charged in the 21 July Yuen Long riot case, which is scheduled to go to trial in October 2023. The 1 July Admiralty case is scheduled to go to trial in March 2024.
Four years into the anti-extradition bill movement, people continued to be charged this year, including one person charged last month over the 12 June Admiralty riot. The Witness compiled the riot case figures and tracked prosecution progress, enabling society to continue monitoring the situation through the data. The reporter also attempted to calculate the defendants’ release dates. Assuming good behaviour in prison and a one-third sentence reduction, nearly half of the defendants sentenced to imprisonment are expected to be released in 2025 or later.
2019 年 6 月 12 日，引起廣泛爭議的《逃犯條例》修訂草案，原定在立法會恢復二讀，警方嚴密佈防，示威者佔領金鐘，並向警方投擲雜物。警方以催淚彈、橡膠子彈及布袋彈等武器清場，首度爆發警民衝突，並為日後連串衝突揭開序幕。從 7.1 衝擊立法會、8.5「三罷」、9.29「反極權遊行」、10.6 反《禁蒙面法》遊行，至 11 月理大事件等，警方在多場衝突拘捕逾萬人，起訴逾 2,900 人。
據記者統計，截至 2023 年 6 月 5 日，共 836 人被控暴動罪，由於部分被告面對多於一項暴動罪，故共涉及 862 人次，當中 58% 案件審結，定罪率為 87%。大部分被告被判監禁，有 46% 被告判監 4 年或以上，當中一名女文員涉兩場暴動，總刑期為 6 年 9 個月。另外，法庭今年首度就反修例暴動案，判處 2 年以下的刑期，當中 5 人涉理大衝突，被判監 1 年 3 個月至 1 年 7 個月。律政司不服刑期過短，提出刑期覆核。
另一邊廂，有 156 人的案件仍未開審，當中 52 名被告，由事發至開審日料相距逾 4 年，包括涉及「47 人案」被告林卓廷等 7 人被控 7.21 元朗暴動案，將於 2023 年 10 月開審；7.1 金鐘案則訂於 2024 年 3 月開審。
反修例運動至今 4 年，今年繼續有人被控，包括 1 人上月被控 6.12 金鐘暴動。《法庭線》整理暴動案件數字，追蹤檢控進度，讓社會透過數據，持續掌握相關情況。記者亦嘗試計算被告的出獄日期，假設他們獄中行為良好、減刑三分一，近半判囚被告料 2025 年或之後獲釋。
10 Jun 2023集誌社#7791
集誌社就六四34週年當日被警方帶走人士作整合
On the day of June 4, police stopped and searched people during a road closure in Causeway Bay, taking 23 people away on suspicion of “disturbing public peace” and arresting one woman. The Collective reviewed the police’s interception of passers-by and reconstructed the experiences of 20 of those taken away. It found that six were not wearing clothing with political slogans, and that no petitioning or commemorative activities were seen at the scene; among them was a reporter accused of being “uncooperative”. Of the other 14 people taken away, some social activists wore black clothing printed with slogans, as reported by Wen Wei Po in 1989, but took no specific action. Others wore black clothing, held electronic candles, or possessed papers bearing the word “conscience”.
The Collective asked police about the guidelines for the operation that day. Police replied that they had acted in accordance with the law based on the actual circumstances and risk assessments. A barrister said that if the atmosphere at the scene was calm, members of the public were merely holding candles or wearing June 4-related clothing, and no one reacted violently to those acts, this would not constitute “disturbing public peace”. If police took members of the public away on that basis, it would be unreasonable.
六四當日，警方在銅鑼灣封路截查，以涉嫌「破壞社會安寧」為由帶走 23 人，拘捕一女子。究竟，他們當晚做了什麼，要被帶返警署？《集誌社》整理了警察截查途人的經過，重組到其中 20 名，被警方帶走人士的經歷，發現有六人的衣服上無政治口號，在現場也未見有請願、悼念行為，當中包括有記者被指「不合作」。其餘被帶走的 14 人中，有穿印有標語黑衣，如八九年《文匯報》報道、但無作出具體行動的社運人士、也有人穿黑衣，手持電子蠟燭，或持有「良知」紙張。
《集誌社》向警方查詢，當日行動準則為何，警方回覆指按實際情況、風險評估依法處理。有大律師認為，如現場氣氛平靜，市民只是舉燭光、穿六四衣物，沒有人就相關行為有激烈反應，就不屬「破壞社會安寧」；若警方以此為由帶走市民，並不合理。
6 May 2023法庭線#6412
《法庭線》就《立場》被指煽動案中鍾沛權36日作供作出整合
The trial of Stand News, charged with conspiracy to publish seditious publications, is the first prosecution of a media organisation for sedition since 1997. The trial began in October 2022 and has lasted 52 days so far. Former editor-in-chief Chung Pui-kuen completed 36 days of testimony in early April. The other defendant, former acting editor-in-chief Lam Siu-tung, will not testify or call witnesses. The case has been adjourned until 19 June for closing submissions.
The issues covered in Chung’s testimony were wide-ranging. In addition to the articles in the case, they included the special publication “Lizhi”, journalistic principles, newsroom operations, his personal political stance, and his thoughts and experiences as he faced Stand News’ final struggles. During cross-examination and re-examination, the prosecution and defence each submitted more than 200 new documents. Defence counsel Audrey Eu said in court at one point that although the public believed the case involved more than 100 articles, she clarified that there were only 17 articles in the case.
How did the prosecution argue that the articles were seditious? Why did both sides submit so many new articles? And what did news mean to Chung Pui-kuen? The Witness has compiled the key points from Chung’s testimony over the course of the trial to help readers follow its progress.
《立場新聞》被控「串謀發布煽動刊物罪」，為 1997 年後首宗傳媒被控煽動案的審訊，2022 年 10 月開審至今歷 52 日審訊，前總編輯鍾沛權在 4 月初完成 36 日作供。另一被告、前署任總編輯林紹桐不作供亦不傳召證人，案件押至 6 月 19 日結案陳詞。
鍾沛權作供所牽涉的議題眾多，除了涉案文章，還有特刊《立誌》、新聞原則、編輯室運作、個人政治立場，以及他面對《立場》最後掙扎的心路歷程。控辯雙方在盤問、覆問期間，分別呈遞逾 200 份新文件，辯方余若薇一度在庭上表示，外界以為本案涉及百篇文章，她澄清涉案文章只有 17 篇。
究竟控方如何指控文章煽動？控辯雙方為何呈遞多篇新文章？在鍾沛權眼中，新聞又是怎樣一回事？《法庭線》整理鍾沛權連日供詞重點，讓讀者更易掌握審訊進展。
Translations are supplied by the source workbook. Consult the original reporting for context.
