29 Dec 2023獨媒#2748
警方:周庭未依時報到 譴責畏罪潛逃的羞恥行為
Former Demosisto member Agnes Chow was arrested in August 2020 on suspicion of contravening the National Security Law offence of “collusion with a foreign country or with external elements to endanger national security”. During the period, she was sentenced to imprisonment over the besieging of the government headquarters on 21 June 2019. After serving her sentence, she remained on police bail and went to Canada this year to pursue her studies. She announced in December that she would not return to Hong Kong. Yesterday (28 December) was the date on which Chow was due to report to a police station. Police said she had failed to report on time, breaching her bail conditions, and “strongly condemn this shameful act of absconding to evade justice, and will make every effort to pursue her in accordance with the law.”
前香港眾志成員周庭,在2020年8月曾指涉違反國安法「勾結外國或境外勢力危害國家安全罪」被捕,期間曾因2019年6月21日包圍政總被判入獄。出獄後續獲警方保釋、今年到加拿大升學的她,在今年12月宣布不會回港。昨日(12月28日)是周庭原定到警署報到的日子,警方表示她沒有依時報到,違反保釋條件,「嚴厲譴責這畏罪潛逃的羞恥行為,並會全力依法追捕」。
5 Dec 2023法庭線#8768
周庭稱曾隨國安警到深圳換准離港 警未回應是否屬實 學者指可加條文外條件
Chow Ting, former deputy secretary-general of Demosisto, was arrested in 2020 on suspicion of violating the National Security Law and has been released on bail without being charged to date. Now in Canada, she announced on Sunday (the 3rd) that she had decided not to return to Hong Kong to report, and alleged that police had required her to “return to the mainland once” as a condition for approving her departure. The government and police issued statements condemning her on two occasions, saying they would pursue her to the fullest extent of the law. Police said they had restricted her departure under the powers in Schedule 2 to Article 43 of the National Security Law, and subsequently returned her travel document.
The Judiciary’s Legal Reference System reviewed the provisions, which state that when restricting a person under investigation from leaving Hong Kong, police may require the person to deposit money, surrender their documents again and report as required, but do not mention the addition of other bail conditions. Reporters asked police whether Chow’s allegation was true, which provision they had relied on to require her to return to the mainland, and whether this was treated as a condition for approving her departure. Police replied verbally that reference should be made to the government’s statement and had nothing to add.
The University of Hong Kong law professor Simon Ngai Man Young said in an interview that they would not comment on Chow’s case, but that the intention of Schedule 2 was clear and allowed police to impose “conditions other than those listed in the provisions”. Senior Counsel Ronny Tong said the details of the conditions could be determined according to the circumstances of the case and should not be interpreted narrowly. Legal commentator Edward Wong Kai-yeung i said that Chow’s reference to “returning to the mainland once” appeared, at least on the face of it, to fall outside the scope of the powers in Schedule 2, adding that if it involved a mandatory matter concerning bail conditions, only the court had the discretion to deal with it.
前香港眾志副秘書長周庭於 2020 年被指涉違《國安法》被捕,准保釋至今未被起訴。身處加拿大的她周日(3 日)宣布,決定不回港報到,又指稱警方曾要求以「返一次大陸」作為批准離港的條件。政府及警方兩度發稿譴責,指會全力依法追捕周。警指根據《國安法》第 43 條附表二的權力,限制她離境,其後發回旅行證件。
《法庭線》翻查,附表二條文註明警方就限制受查人離港,可要求繳存款項、再次交出證件及報到,惟未提及可加其他擔保條件。記者向警方查詢,周庭所指是否屬實、警基於哪項條文要求她返內地並視為批准離港的條件等。警方口頭回覆,着參考政府聲明,沒有補充。
港大法律學院教授楊艾文接受訪問時指,不評論周案,附表二意圖清晰,允許警施加「條文中列出以外的條件」。資深大律師湯家驊指,條件細節可因應案情而定,不應狹窄地解釋。法律評論員黃啟暘則指,周所指「返一次大陸」,至少表面看來不在附表二的權力範圍中,又指若涉保釋條件的強制事項,只有法庭有酌情權處理。
4 Dec 2023獨媒#8749
特區政府:全力依法追捕周庭,籲配合警方否則泥足深陷、後悔莫及
The SAR Government issued a stern statement in the evening, naming Agnes Chow, who was arrested by the state authorities for allegedly violating the offence of “collusion with a foreign country or with external elements to endanger national security”. It said she had openly stated on social media that she would abandon bail and flee, in disregard of the law, and that the authorities would pursue her to the full in accordance with law while strongly condemning the shameful act of absconding to evade criminal responsibility. The SAR Government also urged Chow to turn back, cooperate with the police and take responsibility for her actions, and reform herself; otherwise, it said, she would become further embroiled and regret it too late.
特區政府傍晚發出嚴正聲明,點名指因涉嫌違反「勾結外國或者境外勢力危害國家安全罪」被國家處拘捕的周庭,公然在社交媒體表示將棄保潛逃,罔顧法紀,當局會全力依法追捕,並嚴厲譴責該畏罪潛逃的羞恥行為。特區政府亦勸喻周庭回頭是岸,與警方合作為其行為負責,改過自新,否則將泥足深陷,後悔莫及。
4 Dec 2023獨媒#8750
NHK問周庭事件 外交部:強烈譴責公然挑戰法治的不負責行為
Former Demosisto member Agnes Chow was arrested in 2020 on suspicion of violating the Hong Kong National Security Law by “colluding with a foreign country or external forces to endanger national security”, and was later released on bail pending investigation. She has not been charged to date. Chow said last night that she was permitted to travel to Canada in September this year to pursue a master’s degree, and was originally required to return to Hong Kong to report at the end of this month. After careful consideration, however, she decided not to return. Responding to NHK at a press conference, China’s Foreign Ministry said it strongly condemned the “irresponsible conduct of openly challenging the rule of law”, stressing that China is a country governed by the rule of law and Hong Kong is a society governed by the rule of law, that no one has extralegal privileges, and that any violation of the law or criminal conduct must be punished in accordance with the law.
前香港眾志成員周庭在2020年被指涉嫌違反《港區國安法》「勾結外國或者境外勢力危害國家安全」被捕後獲准保釋候查,至今未被起訴。周庭昨晚表示,今年9月獲准赴加拿大修讀碩士,原定今個月月底須返港報到,但經深思熟慮後決定不回港。中國外交部在記者會上回應NHK時表示,強烈譴責公然挑戰法治的不負責行為,強調中國是法治國家、香港是法治社會,任何人都沒有法外特權,任何違法犯罪行為必須受到法律懲處。
Translations are supplied by the source workbook. Consult the original reporting for context.