12 Dec 2025集誌社#7676
23 條｜國安警首引用「非法操練罪」拘九人 行動檢獲槍械、懷疑爆炸品等
The National Security Department held a press conference today (12th), announcing that it had for the first time enforced the “unlawful drilling” offence under Article 13 of the Safeguarding National Security Ordinance. The department said it had received a public report alleging that weapons were being stored and military-style training was being conducted in an industrial building in San Po Kong. After an investigation, the relevant conduct was found to involve a breach of the “unlawful drilling” offence. Six men were arrested yesterday at the industrial building in San Po Kong, followed by the arrest of three more men. The nine men remain detained for investigation. Long-barrelled air guns and air pistols, short knives and long swords, suspected explosives and other items were seized during the operation.
Li Kwai-wah, Senior Superintendent of the Police National Security Department, said the investigation found that some of those arrested had worn clothing commonly associated with “black-clad violence” and had visited the site of the Wang Fuk Court fire. He also said that after the fire, some people had used clothing and slogans commonly seen in 2019 and 2020 to spread hatred, making people feel there were “signs of black-clad violence”. He said the arrests “tell us clearly that these signs involve violence” and that the matter could not be taken lightly.
國安處今（12日）召開記者會，公布首度引用《維護國家安全條例》第 13 條下「非法操練罪」執法。國安處指收到市民舉報懷疑有人在新蒲崗工廈，收藏武器及進行類似軍事形式的訓練，調查後相關行為涉違反「非法操練罪」；昨先在新蒲崗工廈拘捕 六名男子，其後再拘捕多三名男子，九人仍被扣查。行動中檢獲長氣槍和氣手槍、短刀和長劍、懷疑是爆炸品等等。
警務處國安處總警司李桂華指，調查中發現有被捕人曾著「黑暴常用服裝」，到過宏福苑火災現場。他又指火災後有人用 2019、2020 年常見的服裝、口號等散佈仇恨，令人感到有「黑暴嘅苗頭」，而今次拘捕行動「正正話我地聽，呢個苗頭帶有暴力性」，不能掉以輕心。
25 Nov 2025集誌社#7586
23 條｜香港議會、香港民主建國聯盟 被保安局長首引條文擬禁運作 鄧炳強：有七天可申述
The Security Bureau yesterday (24th) invoked the Safeguarding National Security Ordinance ("Article 23") for the first time, proposing to prohibit the Hong Kong Democratic Independence Alliance and Hong Kong Parliament from operating in Hong Kong. Security Secretary Chris Tang told reporters today (25th) that, before a final decision is made, the two organisations will be given seven days to make representations. He said: "If they consider it necessary to extend the time, I will consider whether that is reasonable." Tang said that after the two organisations are designated as "prohibited organisations", it will be unlawful for anyone to act as a member, or intend to incite others to join, participate in any activities, or provide any assistance. Separately, regarding multiple cases in recent days involving Legislative Council election campaign materials being destroyed, Tang said there had been 35 related cases so far, with 29 people arrested. Most involved criminal damage, and he believed they were individual cases.
保安局昨日（24日）首次引用《維護國家安全條例》（「23條」），擬禁止「香港民主建國聯盟」、「香港議會」在港運作。保安局局長鄧炳強今（25日）見記者表示，在有最終決定前，會給予七天時間供兩組織申述。他說：「如佢哋認為有需要延長時間，我會考慮是否合理。」鄧炳強指，兩組織被納「受禁組織」後，任何人若作為成員行事、或意圖煽動其他人加入、參與任何活動、提供任何援助，均屬違法。
此外，就近日出現多宗立法會選舉宣傳品被毁，鄧炳強指，至今共有 35 宗相關案件，已拘捕 29 人，大部分屬刑事毁壞，相信是個別案件。
21 Nov 2025法庭線#7564
煽動分裂罪成判囚5年 因23條不獲提早釋放 馬俊文刑滿出獄
Ma Chun-man, known as the “second-generation Captain America”, was accused of shouting Hong Kong independence slogans on multiple occasions in 2020. He was convicted after trial of inciting secession and sentenced to five years in prison. Because of new arrangements under Article 23, he was not granted a reduction for good behaviour in prison and was unable to secure early release (see the chronology in the accompanying graphic).
On Friday (21st), Ma posted a new selfie on Facebook and said he had been released: “I’m out. It feels as if a lifetime has passed since I went home, yet I feel helpless in the face of the shock of reality. Where should I go in this vast life… Please take good care of yourself and your family.” Ma sought a judicial review over the denial of a sentence reduction in prison, but the High Court and the Court of Appeal rejected his application, saying the arrangement did not constitute additional punishment and did not involve the deprivation of a statutory right.
人稱「第二代美國隊長」馬俊文，被指 2020 年多次叫喊港獨口號，經審訊被裁定「煽動分裂國家」罪成，判囚 5 年。受「23 條」新安排影響，他不獲獄中行為良好減刑，未能提早獲釋（時序見內文圖）。
馬周五（21 日）在 Facebook 發布新自拍照，並表示已出獄，「出冊了。回家的感覺彷如隔世，卻被現實嘅衝擊感到無奈，茫茫人生我該何去何從呢⋯請好好照顧自己，照顧家人」。馬就不獲獄中減刑提司法覆核，高院與上訴庭駁回時指，安排不屬額外懲罰、不涉剝奪法定權利。
20 Nov 2025法庭線#7561
23條｜68歲男被指FB發文煽惑不投票或投白票 被控發布煽動刊物罪 還押12.30再訊
A 68-year-old man was accused of publishing seditious posts on Facebook between September last year and November this year, including urging people not to vote or to cast blank ballots in elections. He was charged under the Safeguarding National Security Ordinance with knowingly publishing a publication with seditious intention. The case came before the West Kowloon Magistrates’ Courts on Thursday (20th) for the defendant’s first appearance.
The defendant, wearing glasses, a black jacket and a blue top, appeared in court. He was not required to enter a plea at this stage. The prosecution applied to adjourn the case to allow further police investigation, saying that two computers and three mobile phones had been found during a search of his home and that time was needed to examine whether their contents involved other offences. Defence counsel applied for bail, but Chief Magistrate Victor So Wai-tak refused the application after hearing submissions. The defendant was remanded in custody, and the case was adjourned to Dec 30 for a further hearing.
68 歲男子被指於去年 9 月至今年 11 月期間，於 Facebook 發布煽動帖文，內容包括煽惑他人在選舉中不投票或投白票等，被控《維護國安條例》下的「明知而發布具煽動意圖的刊物」罪，案件周四（20 日）於西九龍裁判法院首次提堂。
被告戴眼鏡、身穿黑色外套、藍色上衣到庭應訊。被告暫時毋須答辯，控方申請押後案件，待警方進一步調查，提到警方搜屋期間發現 2 部電腦及 3 部電話，需時檢視內容有否涉及其他罪行。辯方為被告申請保釋，總裁判官蘇惠德聽取陳詞後拒絕，被告須還押，案件押後至 12 月 30 日再訊。
13 Nov 2025法庭線#7532
19歲女認煽惑鼓勵投票成立「香港議會」囚12月 官稱接納受前男友影響或操控
The police National Security Department issued a statement this year describing “Hong Kong Parliament” as a subversive organisation. A 19-year-old woman was accused of filming videos in Canada and elsewhere between March and May this year with the intention of inciting and encouraging Hong Kong residents to establish the organisation through voting. She pleaded guilty last month to a sedition offence under “Article 23” and was sentenced at West Kowloon Magistrates’ Courts on Thursday (13th).
So Wai-tak, a national security law designated judge and Chief Magistrate, said “Hong Kong Parliament” inherited the objectives of the “Hong Kong Parliament Preparatory Committee”, allegedly involving inciting Hong Kong residents to overthrow the Chinese Communist Party and claiming that the Chinese Communist Party was a “transnational criminal organisation”. He said the organisation challenged national sovereignty and threatened national security, while the defendant’s ideology was consistent with that of the organisation. The judge said he accepted that the defendant had committed the offence under the influence or control of her ex-boyfriend and would take this into account in sentencing. However, the sentence had to be increased because of the overseas elements, and apart from her guilty plea there were no other mitigating factors.
「香港議會」今年被警方國安處發稿，定性為顛覆組織。一名 19 歲女子被指今年 3 月至 5 月在加拿大等地拍片，意圖煽惑和鼓勵香港居民藉投票成立該組織。她上月承認「23 條」下的煽動罪，周四（13 日）在西九龍裁判法院判刑。
《國安法》指定法官、總裁判官蘇惠德指，「香港議會」繼承「香港議會籌備委員會」宗旨，涉煽動香港居民推翻中共、又宣稱中共為「跨國犯罪組織」，挑戰國家主權、威脅國安等，而被告意識形態，與此等組織一致。官稱接納被告受前男友影響或操控犯案，指會列入量刑考慮，但因涉及境外因素需加刑，另除認罪外沒其他減刑因素。
31 Jul 2025法庭線#7122
青年被控中港城男廁寫煽動字句 高院准保釋、父接離開 外出須父或母陪伴
An 18-year-old man was accused of writing seditious words on three occasions in a men’s toilet at China Hong Kong City in Tsim Sha Tsui in July this year. He was charged with one count of sedition and three counts of criminal damage, and remanded in custody pending trial. He applied for bail at the High Court on Thursday (31st) and was granted bail.
In the judgment, High Court judge Susana Maria D'Almada Remedios disclosed that the defendant had just completed his DSE examinations this year. The defence submitted letters from, among others, a secondary-school social worker, confirming that he had been advised several years ago to undergo a psychiatric assessment. It said his background indicated that it was extremely unlikely he would continue to engage in acts endangering national security. The Department of Justice opposed bail, arguing that the evidence in the case was strong and that, as the defendant intended to seek help from a psychiatrist, he should be remanded in custody for his protection.
After hearing the submissions, the judge said there were sufficient grounds to believe that the defendant would not continue to engage in acts endangering national security, based on the commitments by the defendant and his family to seek medical treatment and compliance with multiple conditions. The judge also rejected the Department of Justice’s argument that the defendant should be remanded for his protection and granted bail. The defendant’s mother wept when she heard the decision in court, and the defendant left the court in the afternoon accompanied by his father.
18 歲青年被指今年 7 月，三度於尖沙咀中港城男洗手間內，寫上煽動字句，被控一項煽動罪及 3 項「刑事毀壞」罪，還押候訊。他周四（31 日）在高等法院申請保釋，獲得批准。
高院法官李素蘭在判詞透露，被告今年剛完成 DSE 考試，辯方呈交中學社工等信件，確認數年前曾建議他接受精神科評估，指其背景反映極不可能繼續做出危害國安行為；律政司一方則反對，指本案證據強而有力，而被告有意尋求精神科醫生協助，出於保護應將其收押。
法官聽取陳詞後指，基於被告及家人承諾求醫，以及遵受多項條件，有充足理由相信其不會繼續做出危害國安行為，亦不接納律政司指為保護被告應將其還押，遂批准保釋。被告母親庭上聞訊落淚，而被告下午由父親陪伴一同離開法院。
23 Jul 2025法庭線·#7079
18歲青年被指中港城男廁牆壁寫煽動字句 申保釋遭拒還押8.19再訊
An 18-year-old man was accused of writing seditious words inside a male toilet at China Hong Kong City in Tsim Sha Tsui on three occasions in July. He was charged with one count of “doing an act with a seditious intention” under “Article 23” and three counts of criminal damage. He appeared at the West Kowloon Magistrates’ Courts for the first time on Wednesday (23rd).
The prosecution applied to adjourn the case pending a police investigation into the defendant’s mobile phone. Chief Magistrate So Wai-tak adjourned the case until Aug. 19 for a further hearing. The defence applied for bail, which was opposed by the prosecution. After hearing submissions from both sides, the magistrate refused bail. The defendant was remanded in custody pending the hearing.
一名 18 歲青年被指今年 7 月，三度於尖沙咀中港城男洗手間內，寫上煽動字句，被控一項「23 條」下的「出於煽動意圖作出具煽動意圖的作為」罪，及三項「刑事毀壞」罪，周三（23 日）在西九龍裁判法院首度提堂。
控方申請押後案件，待警方調查被告手機。總裁判官蘇惠德將案件押後至 8 月 19 日再訊。辯方申請保釋，控方反對，官聽畢雙方陳詞後，拒絕被告保釋。被告須還押候訊。
9 Jul 2025法庭線#7017
22歲男子被指於X、IG發布煽動帖文 改控國安法下煽動顛覆政權罪 還押8.8再訊
A 22-year-old man was accused of posting seditious material on X and Instagram between June last year and April this year. He was previously charged under the Safeguarding National Security Ordinance, commonly known as Article 23, with knowingly publishing a publication with a seditious intention. The case was brought before West Kowloon Magistrates’ Courts again on Wednesday (9 August).
22 歲男子被指於去年 6 月至今年 4 月期間，於 X 和 Instagram 發布煽動帖文，早前被控《維護國家安全條例》（俗稱 23 條）下的「明知而發布具煽動意圖的刊物」罪，案件周三（9 日）於西九龍裁判法院再提堂。
控方改控一項國安法下的「煽動他人顛覆國家政權」罪，案件押後至 8 月 8 日再訊，待控方準備文件轉介區域法院審理。辯方沒有保釋申請，被告繼續還押候訊。
24 Jun 2025法庭線#6942
23條首宗司法覆核｜馬俊文不獲提早釋放覆核上訴被駁回 判詞：不存在剝奪轉介權
Ma Chun-man, nicknamed “Second-generation Captain America”, was convicted of incitement to secession and sentenced to five years in prison after being accused of repeatedly shouting slogans advocating Hong Kong independence. He was originally due to be released early in March this year after remission for good conduct, but under the new arrangements following the implementation of Article 23, he was not granted early release and will serve his sentence until November this year at the latest.
After losing his judicial review, he appealed. The Court of Appeal dismissed the application on Tuesday (the 24th). The judgment said the schedules to the Prisoners (Release under Supervision) Ordinance did not cover offences endangering national security. The Ordinance was amended after Article 23 took effect to apply to national security offenders. Therefore, the court said, there was no basis for the appellant’s claim that the implementation of Article 23 raised the threshold for national security assessments and deprived Ma of a statutory right to have his case referred to the Prisoners (Release under Supervision) Board for consideration.
In response to the appellant’s argument that the definition of national security was vague, the Court of Appeal said the definition was broad but neither unclear nor arbitrary. The court said the broad definition provided flexibility, adding that the concept of national security could change over time “to address existing and new threats facing national security”. The judge also ordered Ma to pay the legal costs.
綽號「第二代美國隊長」的馬俊文，被指多次叫喊港獨口號，「煽動分裂國家」罪成判囚 5 年。他原定今年 3 月在行為良好減刑下提早獲釋，惟在「23 條」新安排下，未能提早釋放，最遲延至今年 11 月刑滿。
他提出司法覆核敗訴後再上訴，上訴庭周二（24 日）駁回申請。判詞指，《監管釋囚條例》內的附表，並無涵蓋危害國安罪行，至「23 條」生效後，《條例》經修訂才適用於國安犯，故不存在上訴方稱，「23 條」生效增國安評估門檻，使馬失法定轉介監管釋囚委員會考慮的權利。
就上訴方指國安定義模糊，上訴庭反駁，國安定義雖然廣泛，但非含糊不清或恣意。上訴庭指，廣泛定義提供靈活性，又指國安概念可隨時間轉變，「以應對國家安全面臨現有和新的威脅」。官另下令馬支付訟費。
12 Jun 2025法庭線#6898
23條｜22歲男子被指於X、IG發布煽動帖文 控方指不排除有額外控罪 案件押後再訊
A 22-year-old man was accused of posting seditious content on X and Instagram between June last year and April this year. He was charged under the Safeguarding National Security Ordinance with “knowingly publishing a publication with seditious intention”. The case came before the West Kowloon Magistrates’ Courts again on Thursday (12th).
22 歲男子被指於去年 6 月至今年 4 月期間，於 X 和 Instagram 發布煽動帖文，被控《維護國安條例》下的「明知而發布具煽動意圖的刊物」罪，案件周四（12 日）於西九龍裁判法院再提堂。
控方指，案件經警方調查後，發現被告曾發布更多內容，申請押後待索取法律意見，又指預計「非常大機會有額外控罪」。被告由當值律師代表，指不反對控方申請，另申請保釋。《國安法》指定法官、總裁判官蘇惠德考慮後，拒絕其保釋申請，被告繼續還押。案件押後至 7 月 9 日再訊。
Translations are supplied by the source workbook. Consult the original reporting for context.
