Name: 巴勒斯坦行動在高等法院勝訴，推翻政府禁令！| BBC News (Palestine Action wins High Court challenge against government ban | BBC News)
Uploaded: 2026-02-13T17:17:28.000Z
Duration: 9 min 12 s

The UK government's ban on a Palestinian campaign group under terrorism legislation has been found unlawful.

英國政府依據恐怖主義法規對一個巴勒斯坦運動團體實施的禁令，被判定為非法的。

程度副詞

In a dramatic ruling by the High Court in London, a judge said the ban on Palestine action resulted in a very significant interference with the right to freedom of speech.

在倫敦高等法院的一項戲劇性裁決中，一位法官表示，對Palestine Action的禁令嚴重幹預了言論自由的權利。

Thousands of people have been arrested in recent months for holding signs with the group's name.

近幾個月來，有數千人因持有該團體名稱的標語而被捕。

The ban on Palestine action remains in place, however, ahead of a further hearing and appeal by the government.

然而，在進一步的聽證會和政府的上訴之前，對Palestine Action的禁令仍然有效。

And the Metropolitan Police has said in the last few minutes it will focus on gathering evidence of potential offenses where support for Palestine action is expressed, rather than making arrests.

都會警察局在剛剛表示，他們將專注於收集表達對Palestine Action的支持的潛在罪行的證據，而非進行逮捕。

At the time, our legal correspondent Dominic Casciani was in court and says, this is a very significant ruling.

當時，我們的法律記者Dominic Casciani在法庭上，他說，這是一項非常重要的裁決。

I mean, this is a massive blow for the Home Office.

我的意思是，這對內政部來說是個重大的打擊。

This is the first time a group which has been banned under terrorism legislation has actually taken the case to the High Court in this fashion and effectively weren't at this stage getting a ruling that the way the ban was put in place was unlawful.

這是第一次一個根據恐怖主義法規被禁止的團體，以這種方式將案件告到高等法院，並且在這個階段實際上沒有得到關於禁令實施方式非法的裁決。

Now the question is, of course, what happens next?

現在的問題當然是，接下來會發生什麼？

Now we know the Home Secretary is going to appeal.

現在我們知道內政大臣會提出上訴。

Shibana Mahmoud has already said so, as she's underlined in her statement today that she welcomes the fact that the High Court has accepted the Palestine Action is effectively a criminal organization which uses criminality in order to pursue its aim, effectively breaking into arms firms which are associated with Israel and effectively smashing up its property, saying they have the right to do so in order to stop what they call a genocide in Gaza.

Shibana Mahmoud 已經這麼說了，她在今天的聲明中強調，她很高興高等法院接受 Palestine Action 實際上是一個犯罪組織，該組織利用犯罪行為來追求其目標，實際上是闖入與以色列有關的軍火公司並破壞其財產，並表示他們有權這樣做，以阻止他們所謂的加薩種族滅絕。

And critically also that the High Court said a small number of those incidents had crossed the bar into acts of terrorism.

而且至關重要的是，高等法院也表示，其中少數事件已經越過了界線，構成了恐怖主義行為。

But the key thing in this case was that the High Court said on one level, the scale and the scale of activity by Palestine Action was pretty limited in terms of the terrorism allegation side of this.

但本案的關鍵是，高等法院表示，從一個層面來看，Palestine Action 的活動規模和範圍在恐怖主義指控方面相當有限。

And therefore what had happened prior to the ban had not reached effectively the intensity and scale needed to justify a ban on terrorism legislation.

是以，在禁令實施之前，其規模和強度尚未達到足以依據恐怖主義法規實施禁令的程度。

It simply wasn't proportionate to act in that way at the time.

當時的行為確實不符比例原則。

There were other criminal laws available, such as criminal damage.

還有其他可用的刑法，例如刑事損壞。

I think this is the really interesting thing about this case, Regini, the Court said that in effect by banning this group, the Home Secretary had failed to take into account that it would have effectively an effect, a chilling effect on the rights of protest, because you would have people who want to protest about issues concerning, concerning Palestinian people, particularly in Gaza during the course of the war, and

我認為這才是本案真正有趣的地方，Regini，法院表示，事實上，禁止這個團體，內政大臣未能考慮到這將會對抗議權利產生實際的寒蟬效應，因為人們想要抗議與巴勒斯坦人民有關的問題，尤其是在戰爭期間的加薩地區，

they would effectively exercise self restraint and have a chilling effect on them.

他們實際上會自我約束，並對他們產生寒蟬效應。

My words, not the course I stress there they would basically potentially feel unwilling to come out and protest or find it harder to protest because of the association or potential association with this group.

我的話，不是課程，我強調的是，他們基本上可能會覺得不願意出來抗議，或者因為與這個團體有關聯或潛在關聯而更難抗議。

Well, let's speak now to Lord Wolney, former government adviser on political violence, who's a critic of Palestine Actions methods.

好了，我們現在來聽聽前政府政治暴力顧問 Lord Wolney 的說法，他是 Palestine Action 手段的批評者。

Thank you very much, Lord Walney, for joining us on the program.

非常感謝 Lord Walney 來到我們的節目。

Looking at what we heard from the High Court, they said that the prescription of Palestine Action was disproportionate.

看看我們從高等法院聽到的，他們說禁止 Palestine Action 是不成比例的。

And I'm glad that the Home Secretary has immediately signaled that she will appeal this verdict because it is, it is of course obviously true that Palestine Action has used violence less frequently than other prescribed groups, although there have been a number of deeply alarming violent incidents.

而且我很高興內政大臣立即表示她將會對這項判決提出上訴，因為當然，Palestine Action 使用暴力確實比其他被禁團體少，儘管發生了一些令人深感憂慮的暴力事件。

But where I think this judgment has, what this judgment has overlooked is that is that economic damage is squarely within the definition of terrorism in this country.

但我想這個判決，這個判決忽略了經濟損害是明確屬於這個國家的恐怖主義定義範圍內。

It is not perhaps as well understood by the public, but

這或許不像公眾所理解的那麼清楚，但是

it is grounds on which to, to designate an organization as a terrorist organization.

這是將一個組織列為恐怖組織的依據。

And I'm trying to digest and must admit I find it rather perverse the ruling, the judgment that relates to this idea that this will have a chilling effect on freedom of speech.

我試著消化，而且必須承認，我認為這個判決，這個關於這會對言論自由產生寒蟬效應的說法，相當扭曲。

Because I think for most people it's really quite clear that you can, you can say what you like in terms of a, a cause and you can, you can stand up for Palestinian rights or whatever, but

因為我想對大多數人來說，其實很清楚你可以，你可以就某個訴求隨心所欲地發言，而且你可以，你可以支持巴勒斯坦權利等等，但是

you're not entitled to break the law and commit criminal sabotage or violence on its behalf.

你無權為此破壞法律、進行刑事破壞或暴力行為。

I think most people understand that distinction.

我認為大多數人都明白這個區別。

Is the law not nuanced enough then in your opinion?

那麼在你認為，法律不夠細緻嗎？

Well, what I am, I am pressing the government to do now as a result of this, to accept an amendment that I've proposed to the police, the Crime and Policing Bill, which is currently going through the House of Lords, which would I think have been able to, if this had been in place at the time, you could have avoided this five year long fiasco with Palestine Action.

嗯，我現在正在敦促政府做的是，根據這個結果，接受我向警方提出的修正案，也就是目前正在上議院審議的《犯罪與警務法案》，我認為如果當時這項法案已經到位，我們就可以避免與Palestine Action長達五年的鬧劇。

And that is to give the government the power to, by an organization which is dedicated to criminal sabotage, as Palestine Action clearly is.

那就是賦予政府權力，可以因為一個致力於刑事破壞的組織，就像Palestine Action顯然是那樣，來進行禁令。

And I think that thought that was a notable part of the ruling, that they did not suggest that they were in some kind of noble tradition of civil disobedience.

我認為這是判決中一個值得注意的部分，他們並沒有暗示他們是在某種崇高的公民不服從傳統中。

But you could ban the organization for conducting those acts without going as far as labeling them as terrorists, which I think is what has caused much of the controversy, what has brought people out in support with these, these signs that ended up, they ended up with them getting arrested.

但你可以因為該組織進行這些行為而禁令，而不必將他們標籤為恐怖分子，我認為這正是引起許多爭議的原因，也是促使人們出來支持，舉著這些標語，結果他們是以被捕。

I think for most people, that would seem a perfectly reasonable balance.

我認為對大多數人來說，這似乎是一個非常合理的平衡。

Yes, some people I don't take, I don't take this view myself, but

是的，有些人我不接受，我個人不這麼認為，但是

I understand why some people argue that they have not met the terrorist threshold.

我理解為什麼有些人認為他們沒有達到恐怖主義的門檻。

Of course a big majority of people in this country would think it's not okay for an organization to willfully, openly, proudly being going about smashing stuff up in the name of whatever cause.

當然，這個國家絕大多數人都認為，一個組織為了任何訴求，蓄意、公開、自豪地去破壞東西，這是不可接受的。

And whatever the cause may be, whether it's Palestine actions cause or many other causes, obviously people, the public will be aware that often there are demonstrations, actions where the vast majority of people are peaceful, but

無論是什麼訴求，無論是Palestine Action的訴求還是其他許多訴求，顯然人們，公眾會意識到，經常有示威、行動，其中絕大多數人是和平的，但是

elements within that organization, that demonstration are not being peaceful.

該組織、該示威活動中有一些成員並不和平。

So that's why I asked you that question about nuances within the law.

所以我才問你關於法律細微差別的問題。

I just want to get your reaction then to that Metropolitan Police statement saying it's going to focus on identifying offenses and gathering evidence rather than making arrests.

我想聽聽你對都會警察局聲明的看法，他們說將專注於識別罪行和收集證據，而非進行逮捕。

Is that pragmatic on the, on the police's part, given their resources are stretched and given that the, the High Court hasn't reached yet because there is an appeal.

考量到警力吃緊，以及高等法院尚未做出裁決（因為有上訴），這對警方來說是務實的嗎？

So it may change its mind, you know, a settled position on this.

所以他們可能會改變立場，你知道的，就是一個既定的立場。

Well, I think I understand the police's response, but

嗯，我想我理解警方的回應，但是

I think they need to be clearer and I think they, they need to be absolutely clear that they will not, if Palestine action or supporters or copycat groups go about, go back to the kind of criminal sabotage campaign that has seen so many millions of pounds of damage being done and many thousands of workers being intimidated.

我認為他們需要更清楚，而且我認為他們需要絕對清楚的是，如果Palestine Action或其支持者或模仿團體回到那種造成數百萬英鎊損失、嚇跑數千名工人的犯罪破壞活動，他們不會容忍。

What I think they mean is on this follow up protest to them being prescribed, all of these people who frankly really should know better, who have performatively broken the law with signs to make their point and they are stretched.

我認為他們的意思是，在被禁止後進行的這次後續抗議中，這些人坦白說真的應該更清楚，他們卻為了表達立場而表演式地持有標語、違法，而且警力不足。

And those people have been clogging up the criminal justice system and putting undue pressure on our courts, which frankly our courts cannot afford.

而這些人一直在塞爆刑事司法系統，並對我們的法院造成不當壓力，坦白說，我們的法院承受不起。

But I do understand the police's position in wanting to take a beat to understand where this, where this goes now.

但我確實理解警方想花點時間來瞭解情況的立場。

Because if the, the, the, the ruling is upheld on appeal, then the, then those people who have been holding up the signs saying I support pales will not be liable.

因為如果上訴維持原判，那麼那些舉著「我支持巴勒斯坦」標語的人就不會被追究責任。

Unlike those who've been committing the criminal violence in the name of Palestine, which we have to be clear, no matter what the cause is, is not the way that we do things in this country.

這與那些以巴勒斯坦名義犯下刑事暴力的人不同，我們必須清楚，無論是什麼原因，這都不是我們在這個國家做事的方式。

And to accept otherwise is effectively to be accepting that mob politics can rule in the name of whatever cause and we are a better country than that.

而接受其他說法，實際上就是接受暴民政治可以以任何名義統治，我們這個國家比那更好。

Lord Wolney, thank you very much for joining us.

Lord Wolney，非常感謝您加入我們。