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。
3 Apr 2025Channel C#6650
司法機構稱過去一年新接獲約80宗反修例或國安案 認多宗案件矚目「審期超出預計」
The Legislative Council Finance Committee will hold a special meeting next week. In a document submitted to the committee yesterday (2nd), the Judiciary disclosed that the courts at all levels had received about 2,350 anti-extradition law amendment cases and more than 230 national security-related cases by the end of February this year. About 50 anti-extradition law amendment cases and 30 national security cases were newly received last year, equivalent to about four additional anti-extradition law amendment cases and 2.5 national security cases per month. The Judiciary said it would give priority to the two categories of cases, acknowledging that “the trial dates for many high-profile anti-extradition law amendment cases and national security cases have exceeded expectations”, while most of the remaining cases will be tried this year.
立法會財務委員會將於下周舉行特別會議，司法機構昨日（2日）向財委會提交文件，披露各級法院截至今年2月底接獲約2,350宗反修例案件、230多宗國家安全相關案件，即去年新增反修例案件約為50宗，國安案件則約30宗，相當於每月多接獲約4宗反修例案和2.5宗國安案。司法機構表示會優先處理這兩類案件，承認「多宗備受矚目的反修例案件及國安案件的審期超出預計」，而餘下案件大部分將在今年審訊。
3 Jan 2025法庭線#4385
涉終院內拍攝文書人員 持雙程證婦獲撤法庭內攝影罪 控方指條例僅涉「特別人士」
In October 2024, a 52-year-old woman was accused of photographing a clerk at the Court of Final Appeal’s registry and charged with one count of “prohibition on taking photographs, etc., in court”. When the case was mentioned again at Eastern Magistrates’ Courts on Friday (the 3rd), the prosecution’s application to withdraw the charge was granted. Chief Magistrate Don Man Lung So had asked at one point, “Why not continue with the prosecution?” The prosecution said the legislation concerned only “special persons” and did not include the person involved.
A review of the legislation found that the offence concerns photographing or drawing judges, jurors and witnesses in court, and does not mention clerical staff.
2024 年 10 月，52 歲女子被指在終審法院登記處拍攝文書人員，被控一項「禁止在法庭內攝影等」，周五（3 日）在東區裁判法院再訊，控方申請撤控獲批。主任裁判官蘇文隆一度關注「點解唔繼續告？」，控方指條例僅涉「特別人士」，不包括涉案人士。
翻查條例，控罪牽涉法庭內拍攝或繪畫法官、陪審員及證人，未有提及文書人員。
31 Jan 2023獨媒#5988
屯門迫刪相案 女社工刑毀、不誠實取用電腦罪脫 遭律政司上訴
After the July 2019 “Reclaim Tuen Mun Park” march, then-Democratic Party Legislative Council members Lam Cheuk-ting and Hui Chi-fung, a female social worker and a then-online media reporter were accused of asking a man to delete photographs and related videos of protesters. After trial, the female social worker was found not guilty of both dishonest access to a computer and criminal damage. The Department of Justice, dissatisfied with the acquittal, filed an appeal in the form of a case stated last Friday (27th). The case has not yet been scheduled for hearing. Lam Cheuk-ting was found not guilty of perverting the course of justice, and the Department of Justice has not so far filed an appeal in that case.
2019年7月「光復屯門公園」遊行後，民主黨時任立法會議員林卓廷和許智峯、女社工及時任網媒記者被指要求一男子刪除示威者照片及相關影片。經審訊後，女社工被裁定不誠實取用電腦和刑毀罪名皆不成立。律政司不服，上周五（27日）就女社工的無罪裁決，以案件呈述形式提出上訴，案件現時未排期處理。而林卓廷獲裁定妨礙司法公正罪不成立，律政司則暫未有提出上訴。
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。
30 Jan 2023法庭線#5986
11.2維園｜3區議員阻差案 文念志被判240小時社服令 官接納有檢控延誤
On 2 November 2019, pro-democracy district council election candidates held a rally in Victoria Park. Police dispersed the gathering and arrested Osman Chung Hang Cheng, Nim Chi Man and Richard Chun Chit Chan. The three won their district council elections that year and were later convicted after trial of obstructing a police officer in the execution of their duty. Cheng and Chan were each sentenced to 240 hours of community service. Man’s sentencing was adjourned until Monday (30th) because the medical report was not ready.
2019 年 11 月 2 日，民主派區選候選人在維園舉行集會，警方驅散，期間拘捕鄭仲恒、文念志及陳振哲。3 人同年在區選勝出，而早前經審訊後被裁定阻差辦公罪成，當中鄭、陳被判 240 小時社會服務令。文則因醫療報告未備妥，押後至周一（30 日）判刑
28 Jan 2023法庭線#5982
8.11尖沙咀｜7人暴動罪成判囚36至45月 1人管武罪成判囚11月
After a march in Sham Shui Po on 11 August 2019, some protesters went to surround the Tsim Sha Tsui Police Station. A total of 29 people were subsequently charged with rioting and other offences, and the cases were heard in three trials. In the case involving eight men, six were convicted of rioting after trial. Together with one person who had pleaded guilty earlier, they were sentenced to between three years and three years nine months in prison at the District Court on Saturday (28th). The remaining person was acquitted of rioting but convicted of possessing an offensive weapon in a public place, and was sentenced to 11 months in prison.
2019 年 8 月 11 日深水埗遊行後，有示威者前往包圍尖沙咀警署，事後 29 人被控暴動等罪，分成 3 案審理。當中涉及 8 名男子的案件，6 人經審訊後，被裁定暴動罪成，連同早前認罪的 1 人，周六（28 日）在區域法院被判監禁 3 年至 3 年 9 個月；餘下 1 人暴動罪不成立、在公眾地方管有攻擊性武器罪成，被判監禁 11 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？」
27 Jan 2023法庭線#5980
醫生2019年平安夜非法集結罪成 醫委會裁定違反醫生註冊條例 除牌6月、緩刑36月
Cheung, who is currently a registered doctor, appeared before the Medical Council for a disciplinary hearing on Friday (27th) in connection with the conviction. Cheung was not represented by a lawyer and made no submissions. After the five-member inquiry panel adjourned to deliberate for about 1.5 hours, it ruled that Cheung had breached the Medical Registration Ordinance and ordered a six-month erasure from the register, suspended for 36 months.
Announcing the ruling, the chairman of the inquiry panel said it had noted that Cheung was young and might provide useful services to the public in the future. His internship report also showed that he had performed well. However, the charge in this case could undermine public confidence in the medical profession. The panel had to take public expectations into account when determining the sentence, and the sentence also had to reflect doctors’ values.
現為註冊醫生的張，周五（27 日）因該定罪紀錄，在醫委會接受紀律聆訊。張沒有律師代表，也沒陳詞回應。5 人研訊小組退席商議約 1.5 小時後，裁定張違反《醫生註冊條例》，罰除牌 6 個月，緩刑 36 個月。
研訊小組主席宣布裁決時指，留意到張年輕、將來或為公眾提供有用服務，從實習報告也見他表現出色。不過，本案控罪有可能降低公眾對醫生專業的信心，小組判刑時要考慮社會期望，亦要反映醫生價值觀。
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」。
Translations are supplied by the source workbook. Consult the original reporting for context.
