30 Aug 2024法庭線#3984
《立場》案｜官推翻「羊村案」裁決 裁定「蓄意煽動」及「罔顧煽動後果」都可定罪
Judge Kwok Wai-kin, who presided over the Stand News case, heard the “Sheep Village picture-book case” two years ago—the first case since 1997 involving the offence of publishing seditious publications. In the present case, he overturned his own ruling from two years earlier, finding that the “Sheep Village case” definition of criminal intent “cannot effectively safeguard national security”. He expanded the required criminal intent from “deliberate incitement” to also include knowingly taking the risk while “disregarding the consequences of incitement”, holding that either could result in a conviction, in line with the preventive nature of the sedition offence in relation to national-security risks.
After finding that the 11 articles in question had seditious intent, the judge ruled that the defendants were guilty on the basis that they knew of and endorsed the articles’ seditious intent, provided Stand News as a platform for publication, or published them while “at least disregarding the consequences of incitement”. (See separate report.)
As for the defence’s constitutional challenge concerning “seditious intent” in the charges, the judge cited the Court of Appeal’s ruling in the Tang Tak-chi sedition case and rejected all the challenges. He said that, since the Court of Appeal considered seditious intent to encompass a “potentially damaging” effect on national security that needed to be prevented, the charges “naturally” struck a balance between national security and human rights.
《立場新聞》案主審法官郭偉健，兩年前審理 1997 年後首宗發布煽動刊物罪「羊村繪本案」。他在本案推翻自己兩年前的裁決，認為「羊村案」對犯罪意圖的定義「不能有效維護國家安全」，並將被告的犯罪意圖，由「蓄意煽動」拓展至「罔顧煽動後果」明知犯險，都可入罪，以符合煽動罪對國安風險的「預防性質」。
法官在判斷涉案 11 篇文章具煽動意圖後，基於各被告知悉並認同文章的煽動意圖，提供《立場》作為平台發文，或「至少罔顧煽動後果」而發文，裁定罪成。（見另稿）
至於辯方針對控罪「煽動意圖」提出的憲法爭議，法官引用「譚得志煽動案」上訴庭裁決，悉數駁回爭議，指基於上訴庭認為煽動意圖，已涵蓋對國安有「潛在破壞」，有必要制止，因此控罪「自然」已平衡國安與人權。
6 Oct 2023法庭線#8457
《國安法》後首引輸入煽動刊物罪提控 38歲男認輸入18本《羊村》判囚4月
A 38-year-old man was accused of importing six titles, comprising 18 Sheep Village publications, in March 2023. He was charged with one count of importing seditious publications, the first such case since the National Security Law took effect. The man pleaded guilty at the West Kowloon Magistrates’ Courts on Friday (6th), and was sentenced to four months’ imprisonment the same day by So Wai-tak, the designated judge under the National Security Law and Chief Magistrate.
In sentencing, the magistrate said the Sheep Village publications targeted children and therefore involved greater culpability. He also said they were rife with distorted ideas and inaccurate information; if seditious ideas successfully took root in and infiltrated the minds of a young generation vulnerable in thought, they could have an intergenerational impact. The defendant had imported the publications in the United Kingdom with others, thereby indirectly fostering and encouraging people overseas to continue producing and printing such materials, allowing messages endangering national security to spread.
The District Court’s Sheep Village case had earlier ruled that three of the books involved—Sheep Village Defenders, The Twelve Warriors of Sheep Village and Sheep Village Cleaners—were seditious publications. On Friday, So Wai-tak said the contents of the remaining three books, Sheep Village Voting Day, Sheep Village Architects and Sheep Village Daily, followed the same pattern and had a clear central theme. “Any sensible person knows that all the books are seditious,” he said.
38 歲男子被指 2023 年 3 月輸入 6 款、共 18 本《羊村》刊物，被控一項「輸入煽動刊物」罪，為《國安法》生效後首案。男子周五（6 日）在西九龍裁判法院認罪。《國安法》指定法官、總裁判官蘇惠德同日判 4 個月。
法官判刑時指，「羊村」刊物以兒童為對象，罪責較重，又指情節充斥歪曲觀念、不盡不實的訊息，若具煽動性思想成功在思想脆弱年幼一輩植根及滲透，或帶來跨代影響。而被告夥他人在英國輸入刊物，變相助長、鼓勵海外者繼續製作、印製物品，令危害國安訊息散播。
區院「羊村案」早前裁定本案 3 款涉案繪本《羊村守衞者》、《羊村十二勇士》及《羊村清道夫》屬煽動刊物，蘇惠德周五指餘下 3 本繪本，《羊村投票日》、《羊村建築師》及《羊村日報》內容同出一轍，主調鮮明，「任何明理嘅人都知道所有書本都係煽動」。
6 Sept 2023法庭線#8332
政府《國安法》後首引輸入煽動刊物罪提控 被指輸入18本《羊村》 38歲男還押
A 38-year-old man was charged with one count of importing seditious publications and appeared at West Kowloon Magistrates’ Courts on Wednesday (the 6th). The charge alleges that he imported 18 Sheep Village publications with another person in March 2023, including three copies each of Sheep Village Guardians, Sheep Village’s Twelve Warriors, Sheep Village Cleaners, Sheep Village Voting Day and Sheep Village Architect, as well as Sheep Village Daily.
After hearing submissions from the defence, Chief Magistrate So Wai-tak refused the defendant’s bail application. The case was adjourned to October 6 for plea, pending the defendant obtaining legal advice and requesting documents. The defendant waived his right to an eight-day bail review.
38 歲男子被控一項「輸入煽動刊物」罪，周三（6 日）在西九龍裁判法院首提堂。控罪指，他涉與另一人於 2023 年 3 月，輸入 18 本《羊村》刊物，包括各 3 本《羊村守衛者》、《羊村十二勇士》、《羊村清道夫》、《羊村投票日》、《羊村建築師》，以及《羊村日報》。
總裁判官蘇惠德聽取辯方陳詞後，拒絕被告的保釋申請。案件押後至 10 月 6 日答辯，待被告徵詢法律意見、索取文件；被告放棄 8 天保釋覆核權。
6 Jan 2023同文#5912
轉載羊村繪本網址 中大前學生會成員遭國安拘捕 被控具煽動意圖的作為罪
Since last year, Sheep Village 2.0 has again made the relevant picture books available for public download through its website and social media, prompting various cyberattacks and threats. After unidentified individuals impersonated the official Sheep Village 2.0 website and attempted to force the removal of links to the picture books, former Chinese University of Hong Kong student union member Wong Ho-cheung was arrested by the National Security Department on January 5 for reposting a download link on a social media platform. On January 6, he was brought before the West Kowloon Magistrates’ Courts and charged with “doing one or more acts with a seditious intention”. A judge designated under the National Security Law ordered him remanded in custody until February 16 for further proceedings.
羊村繪本自去年「羊村 2.0 」經由網站、社交媒體，再次開放給公眾下載相關繪本，亦因此引來不同的網路攻擊、威脅。繼有不知名人士假冒「羊村 2.0 」官方網站，及企圖迫使相關繪本連結下架後，昨 1 月 5 日，中大前學生會成員王浩鏘因為社交平台轉載羊村繪本下載網址，遭國安處拘捕。今 6 日，帶往西九龍裁判法院，被控「作出一項或多項具煽動意圖的作為罪」，《國安法》指定法官下令還押至 2 月 16 日再審。
22 Apr 2022獨媒#1935
【羊村繪本案】郭偉健批准由國安法官主審 稱控罪若實行勢令中央成「受害者」
The Sheep Village picture book case was transferred to the District Court. The prosecution and defence had earlier disputed whether the case should be heard by a judge designated under the National Security Law. Judge Kwok Wai-kin ultimately approved the prosecution’s application and arranged to preside over the trial himself. In his judgment, Kwok reprimanded the defence for unreasonably accusing the Department of Justice of “judge shopping”.
《羊村》繪本案轉介區域法院，早前控辯雙方爭辯案件應否由國安法指定法官審理，最終郭偉健法官批准控方申請，並安排自己主審。郭在判詞斥責辯方，無理指控律政司「揀法官」。
Translations are supplied by the source workbook. Consult the original reporting for context.
