6 Mar 2025法庭線#4598
First sedition final appeal: Court of Final Appeal unanimously rules against Tam Tak-chi
人民力量前副主席「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論， 被裁定 11 項《刑事罪行條例》下的煽動罪成（舊煽動罪），判囚 40 個月。他提出終極上訴，終院 5 位法官於周四（6 日）一致裁定他敗訴。
本案爭議煽動罪是否須在高院由陪審團審理的可公訴罪行、須否證明煽暴意圖。判詞指，「發表煽動文字罪」可移交區域法院審理，區院在《國安法》實施前、後，均有審理該控罪的司法管轄權。至於須否證明煽惑暴力意圖，判詞指《刑事罪行條例》下的煽動罪非普通法罪行，控方毋須證明煽惑暴力意圖作為罪行元素。
本案是首宗上訴至終審法院的舊煽動罪案件，現時有煽動案正押後，待譚案終極上訴結果，而譚得志已就本案服畢刑期，另就 47 人案正服刑。
People Power former vice-chairman Tam Tak-chi, known as “Fast Beat”, was convicted of 11 counts of the old sedition offence under the Crimes Ordinance over remarks including “black cops, die with your whole family” and “Liberate Hong Kong, Revolution of Our Times” allegedly made while he was operating a street booth in 2020. He was sentenced to 40 months’ imprisonment. He brought a final appeal, but the five judges of the Court of Final Appeal unanimously ruled against him on Thursday (6th).
The case concerned whether sedition is an indictable offence that must be tried by a jury in the High Court, and whether an intent to incite violence must be proved. The judgment said the offence of publishing seditious writings could be transferred for trial in the District Court, which had jurisdiction to hear the charge both before and after the National Security Law came into force. On whether an intent to incite violence had to be proved, the judgment said sedition under the Crimes Ordinance is not a common law offence, and the prosecution did not need to prove an intent to incite violence as an element of the offence.
This is the first old sedition offence case to be appealed to the Court of Final Appeal. Some sedition cases are currently being adjourned pending the outcome of Tam’s final appeal. Tam Tak-chi has completed his sentence in this case and is serving a sentence in the separate 47-person case.
6 Mar 2025法庭線#4601
Jimmy Lai case | Lai completes 52 days of testimony; case adjourned until Friday pending defence amendments to agreed facts
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周四（6 日）在西九龍裁判法院（暫代高等法院）展開第 144 日審訊，在辯方第二日覆問後，黎完成 52 日作供。
辯方在提問尾聲指，若法庭沒有其他問題，「這就是黎先生的『史詩式』證供（epic evidence）」。黎其後在證人台除下耳機，向控辯方、法官輕輕揮手說「Thank you」，在懲教人員押解下返回被告欄。
控方遂讀出 WhatsApp 專家證人供詞及 2019 至 2020 年合法遊行集會的日子。辯方另欲呈其他媒體報道，以助證黎的供詞，法官指與案無關，最終拒絕。案件押至周五（7 日），待辯方修訂承認事實。
Media tycoon Jimmy Lai, founder of Next Digital, is charged with offences including conspiracy to collude with foreign forces. The 144th day of his trial began on Thursday (6th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. After the second day of the defence’s re-examination, Lai completed 52 days of giving evidence.
At the end of its questioning, the defence said that if the court had no further questions, “this is Mr Lai’s ‘epic evidence’”. Lai then removed his headset in the witness box, waved lightly to the prosecution, defence and judge, and said, “Thank you”, before being escorted back to the dock by correctional officers.
The prosecution then read out the statement of a WhatsApp expert witness and the dates of lawful processions and gatherings held from 2019 to 2020. The defence also sought to submit reports from other media outlets to support Lai’s testimony, but the judge ruled that they were irrelevant to the case and refused the application. The case was adjourned until Friday (7th), pending the defence’s amendments to the agreed facts.
5 Mar 2025法庭線#4596
Jimmy Lai case | Lai says claim that colluding with foreign forces could lead to execution came from Yau Yuk-yuen
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周三（5 日）在西九龍裁判法院（暫代高等法院）展開第 143 日審訊，黎第 51 日作供，由辯方覆問。
針對黎曾於專欄提及「有心人說，快點走，勾結外國勢力是叛國罪，可以是槍斃的啊」，控方早前質疑黎所言非事實。黎在覆問下指，是時事評論員蕭若元曾於節目這樣說，相信對方可能關心他，「想說一些話嚇走我」。
他另外在覆問下重申，沒牽涉民主派初選、不知同案被告陳梓華涉及國際線，並提到於 2020 年就刑事恐嚇《東方》記者案，申請更改保釋條件時，沒向法庭透露打算赴美見官員，因擔心事件較敏感，會減低申請的成功機會，但重申赴美主要目的是探望孫女，當時見外國官員亦非犯法。案件押至周四（6 日）續審。
Next Digital founder Jimmy Lai Chee-ying, charged with offences including conspiracy to collude with foreign forces, began the 143rd day of his trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Wednesday (the 5th). It was the 51st day of Lai’s testimony, with the defence conducting re-examination.
The prosecution had earlier questioned whether Lai’s statement in a column—that “some people with ulterior motives said, ‘Leave quickly; colluding with foreign forces is treason, and you could be shot’”—was factual. During re-examination, Lai said the statement had been made by current-affairs commentator Yau Yuk-yuen on a programme. He believed Yau might have been concerned about him and “wanted to say something to frighten me away”.
Lai also reiterated during re-examination that he was not involved in the pro-democracy primary and did not know that co-defendant Chan Tsz-wah was involved in the international track. He said that when applying in 2020 to vary his bail conditions in a criminal-intimidation case involving an Oriental Daily reporter, he did not tell the court that he intended to travel to the United States to meet officials because he was concerned that the matter was sensitive and that disclosure would reduce the chances of his application succeeding. He reiterated that his main purpose in travelling to the United States was to visit his granddaughter, and that meeting foreign officials was not illegal at the time. The trial was adjourned until Thursday (the 6th).
3 Mar 2025法庭線#4589
Jimmy Lai case | Prosecution questions whether Lai sacrificed Hong Kong to pursue US interests; Lai: I fought for Hong Kong’s freedom
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周一（3 日）在西九龍裁判法院（暫代高等法院）展開第 142 日審訊，黎第 50 日作供。
控方先後引述黎的「Live Chat」節目及專欄內容，指當中分別提及「科技禁運」、取消香港特殊地位，以及要求中美貿易與人權議題扣連。黎否認提倡美國針對中國「科技禁運」、繼續取消香港特殊地位，強調當時已實施這些措拖，自己只是分析現況。控方質疑，黎犧牲香港為美國爭取利益？黎否認，指香港與美國有共同價值觀，他是為香港自由而戰。
控方完成 24 日盤問，辯方預料覆問需時一日，案件押至周三（5 日）續審。
Media tycoon Jimmy Lai, founder of Next Digital, is charged with offences including “conspiracy to collude with foreign forces”. The trial entered its 142nd day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Monday (the 3rd), with Lai giving evidence for the 50th day.
The prosecution cited content from Lai’s “Live Chat” programme and columns, which respectively referred to a “technology embargo”, the revocation of Hong Kong’s special status, and demands that US-China trade be linked to human rights issues. Lai denied advocating a US “technology embargo” targeting China or the continued revocation of Hong Kong’s special status, stressing that those measures had already been implemented at the time and that he was merely analysing the situation. The prosecution questioned whether Lai had sacrificed Hong Kong to secure benefits for the United States. Lai denied this, saying that Hong Kong and the United States shared common values and that he was fighting for Hong Kong’s freedom.
The prosecution completed 24 days of cross-examination. The defence is expected to take one day for re-examination, and the case was adjourned to Wednesday (the 5th).
28 Feb 2025法庭線#4584
Jimmy Lai case | Interview said he would continue acting after the National Security Law; Lai says he would not knowingly break the law but agrees he would “play on the borderline”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周五（28 日）在西九龍裁判法院（暫代高等法院）展開第 141 日審訊，黎第 49 日作供。
控方引述黎專欄文章，當中提到 200 名警員搜查《蘋果》大樓，形容「警權侵犯新聞自由」。法官質疑黎刻意向讀者營造警方肆意搜查、違憲的形象。黎否認，稱僅描述所看到的情景，又指《蘋果》是首間被 200 警員搜查的媒體。法官李運騰則指，《星島》亦曾被廉政公署搜查。
控方另引述黎的「Live Chat」節目言論，問是否反映即使有犯《國安法》的風險，黎仍會繼續行事、《蘋果》會照常運作。黎解釋《國安法》紅線模糊，承認會「打擦邊球」，在模糊地帶冒險，但若行為明顯違法，「我不會蠢到去做」。案件下周一（3 月 3 日）續審。
Next Digital founder Jimmy Lai is charged with, among other offences, conspiracy to collude with foreign forces. The trial resumed on Friday (the 28th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, marking the 141st day of proceedings and the 49th day of Lai’s testimony.
The prosecution cited a column by Lai in which he described 200 police officers searching the Apple Daily building as “an infringement of press freedom by police power”. The judge questioned whether Lai had deliberately created an impression among readers that the police had conducted a wanton and unconstitutional search. Lai denied this, saying he had merely described what he saw, and said Apple Daily was the first media organisation to be searched by 200 police officers. Judge Li Yun-tung pointed out that Sing Tao had also been searched by the Independent Commission Against Corruption.
The prosecution also cited remarks by Lai on his “Live Chat” programme and asked whether they indicated that, despite the risk of violating the National Security Law, Lai would continue acting and Apple Daily would continue operating as usual. Lai explained that the National Security Law’s red line was unclear. He acknowledged that he would “play on the borderline” and take risks in a grey area, but said that if conduct was clearly illegal, “I would not be so stupid as to do it”. The trial will continue next Monday (March 3).
27 Feb 2025法庭線#4576
Jimmy Lai case｜Prosecution questions why his articles did not urge people not to violate National Security Law; Lai asks, “Was it my responsibility to do so?”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周四（27 日）在西九龍裁判法院（暫代高等法院）展開第 140 日審訊，黎第 48 日作供。
控方指《國安法》生效後，黎在專欄文章提到「煮到來就食」，問黎當時不害怕《國安法》？黎指，即使當時他所做的一切是合法，也會警惕《國安法》的後果，因紅線很模糊。控方質疑，黎沒於文章要求人們不要違反《國安法》？黎反問「我有責任這樣做嗎？難道我見到每個人，都要說不要犯法嗎？」
另外，黎在「Live Chat」節目提到疫情問題，指疫情緣於中國沒有言論自由，控方質疑言論沒根據。黎指，他在新聞中讀到，認為如首次發現疫情的醫生可把消息放在社交媒體，政府可控制疫情。控方再質疑黎沒有查核新聞內容便引用，黎指當時不只一間媒體有報道，相信資訊真確，又指自己不會比媒體查證得更好，案件周五（28 日）續審。
Apple Daily founder Jimmy Lai, charged with conspiracy to collude with foreign forces and other offences, began the 140th day of his trial on Thursday (27th) at the West Kowloon Magistrates’ Court, sitting as the High Court. It was the 48th day of Lai’s testimony.
The prosecution said that after the National Security Law took effect, Lai referred in a column to “dealing with it when it comes”. It asked whether he was not afraid of the National Security Law at the time. Lai said that even if everything he was doing then was lawful, he would still be wary of the consequences of the law because its red lines were very unclear. The prosecution questioned why Lai had not urged people in his articles not to violate the National Security Law. Lai responded, “Was it my responsibility to do so? Am I supposed to tell everyone I meet not to break the law?”
Lai also discussed the pandemic on the programme “Live Chat”, saying that it stemmed from China’s lack of freedom of speech. The prosecution challenged the basis for the claim. Lai said he had read in news reports that if the doctor who first discovered the outbreak had been able to post the information on social media, the government could have controlled the pandemic. When the prosecution further questioned why he had cited the reports without verifying their contents, Lai said that more than one media outlet had reported the matter and he believed the information was accurate. He also said he could not verify it better than the media. The trial will continue on Friday (28th).
26 Feb 2025法庭線#4563
Jimmy Lai case | Lai says “only Chinese people can escape the CCP”; judge says his yellow skin makes him Chinese; Lai: “I am a Hongkonger”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周三（26 日）在西九龍裁判法院（暫代高等法院）展開第 139 日審訊，黎第 47 日作供。控方圍繞黎「Live Chat」節目提問，當中黎提到「我們只是想擺脫獨裁」。法官杜麗冰關注黎所指的「獨裁」意思，黎稱並非指中共，「只有中國人民才能擺脫中共」，而在一國兩制下，自己是香港人。
杜麗冰再問黎「你的皮膚是黃色的嗎？」黎反問，「我是黃皮膚，就被認定為中國人？」，重申自己是香港人。法官李運騰打斷問，黎曾表示不同意港獨？黎確認，但指他認同一國兩制。案件周四（27 日）續審。
Apple Daily founder Jimmy Lai, charged with offences including conspiracy to collude with foreign forces, began the 139th day of his trial at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Wednesday (26th), and gave evidence for the 47th day. The prosecution questioned Lai about his “Live Chat” programme, in which he said, “We just want to get rid of dictatorship.” Judge Esther Toh asked what Lai meant by “dictatorship”. Lai said he was not referring to the Chinese Communist Party, adding that “only Chinese people can escape the CCP”, and that under one country, two systems, he was a Hongkonger.
Toh later asked Lai, “Is your skin yellow?” Lai replied, “Am I considered Chinese just because I have yellow skin?”, and reiterated that he was a Hongkonger. Judge Alex Lee interrupted to ask whether Lai had previously said he disagreed with Hong Kong independence. Lai confirmed this, but said he supported one country, two systems. The trial will continue on Thursday (27th).
25 Feb 2025法庭線#4561
Jimmy Lai case | Prosecution questions whether Apple Daily article was seditious; Lai asks how it knew the author’s thinking, sarcastically calling it “smart”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周二（25 日）在西九龍裁判法院（暫代高等法院）展開第 138 日審訊，黎第 46 日作供。
控方針對《國安法》生效後刊出的涉案文章提問，提到作家「一劍飄塵」文章稱「美國肯定會報復直至取消香港自治待遇」，指內容試圖激使香港居民循非法手段改變現有合法制度。黎指，這是他人的文章，怎知道對方想法，「請告訴我，因為你太聰明了」。
法官李素蘭打斷稱，控方僅發問，斥黎「不要作出自作聰明的評論」。法官李運騰亦指，「你只需回答同意與否，達過百篇涉案文章，如果再這樣回應，我們下年也會坐在這裡」。黎另確認，當時沒想到文章會違反《國安法》，因此沒著論壇版主管楊清奇要求作者不要再撰寫相類文章。案件周三（26 日）續審。
Media tycoon Jimmy Lai Chee-ying, charged with “conspiracy to collude with foreign forces” and other offences, began his 138th day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Tuesday (25th). It was his 46th day giving evidence.
The prosecution questioned him about articles published after the National Security Law took effect. Referring to an article by the writer “Yat Gim Piu Chan” stating that “the United States would certainly retaliate until Hong Kong’s autonomous status was cancelled”, the prosecution said the content sought to incite Hong Kong residents to use unlawful means to change the existing lawful system. Lai said it was someone else’s article and asked how he could know what the author was thinking, adding sarcastically, “Please tell me, because you’re so smart.”
Judge Susana Maria D'Almada Remedios interrupted and said the prosecution was only asking questions, reprimanding Lai: “Don’t make smart-aleck comments.” Judge Lee Wan-tung also said Lai only needed to answer whether he agreed, noting that there were more than 100 articles in question and warning that “if you respond like this again, we will still be sitting here next year”. Lai also confirmed that he had not thought at the time that the articles would violate the National Security Law, and therefore did not ask forum section editor Yeung Ching-kei to tell the author not to write similar articles. The trial will continue on Wednesday (26th).
24 Feb 2025法庭線#4552
Lai Chee-ying case｜Column says “Hong Kong will become Xinjiang”; prosecution questions basis, Lai reprimanded by judge for political remarks
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，周一（24 日）在西九龍裁判法院（暫代高等法院）展開第 137 日審訊，黎第 45 日作供。
控方圍繞 4 篇於 2020 年 6 月至 7 月刊出的黎專欄文章提問，當中提到「國安法把香港變成新疆一樣恐怖籠罩下的集中營」，質疑此指控毫無根據。黎回應指「如果你誠實地問自己，現在香港還有誰能說實話？」，法官杜麗冰聞言著黎勿發表政治言論，黎則指只是作出推測。
就黎另一文章提到，「香港國際金融貿易中心的地位必然告終」，黎指這是其推測，又稱已經實現，控方則指香港金融中心地位還在。杜麗冰再警告黎勿發表政治言論，黎問「我能解釋嗎？」，兩人不斷疊聲，杜厲聲稱不能，「沒人問你要解釋任何事情」。案件周二（25 日）續審。
Next Digital founder Lai Chee-ying, charged with “conspiracy to collude with foreign forces” and other offences, began the 137th day of his trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Monday (24th). It was the 45th day of Lai’s testimony.
The prosecution questioned Lai about four of his columns published between June and July 2020. One said that the national security law had turned Hong Kong into “a concentration camp shrouded in terror like Xinjiang”, which the prosecution challenged as entirely baseless. Lai responded: “If you honestly ask yourself, who in Hong Kong can still speak the truth now?” Judge Esther Toh told him not to make political remarks, while Lai said he was merely making a prediction.
Another of Lai’s articles said that “Hong Kong’s status as an international financial and trading centre will inevitably come to an end”. Lai said this was his prediction and that it had already come true, while the prosecution said Hong Kong’s status as a financial centre remained. Toh again warned Lai not to make political remarks. When Lai asked, “Can I explain?”, the two repeatedly spoke over each other. Toh said sternly that he could not, adding: “Nobody asked you to explain anything.” The trial will continue on Tuesday (25th).
21 Feb 2025法庭線#4546
Portuguese Man Jailed Five Years for Conspiracy to Incite Secession Appeals Sentence, Says Penalty Tiers Do Not Apply and Term Excessive
被指為「香港獨立黨」主席的 41 歲葡籍男音樂教師，2022 年入境時被捕，早前承認《國安法》下的「串謀煽動他人實施分裂國家」罪，被判囚 5 年，不獲全數認罪扣減。被告不服刑期提上訴，案件周五（21 日）於高等法院處理。
上訴方表示，本案控罪為「串謀罪」，《國安法》下的刑罰分級雖具參考價值，但並非強制適用於本案，認罪應可獲全數扣減，並引「47 人案」指，有 4 名被告被裁定屬「首要分子」，其中 3 人因認罪等因素，獲判囚 10 年以下，律政司沒提出上訴。
上訴方另指，本案帖文內容天方夜譚、虛無飄渺，影響有限，原審官量刑起點過重。律政司則指，按照《國安法》立法原意，「串謀罪行」應與「實質罪行」的量刑一致，又指帖文是否成功煽動他人並非關鍵，而是取決於發帖的目的。上訴庭將於 6 個月內頒判詞。
A 41-year-old Portuguese music teacher described as the chairman of the “Hong Kong Independence Party” was arrested upon entering Hong Kong in 2022. He earlier pleaded guilty to the offence under the National Security Law of “conspiracy to incite others to commit secession” and was sentenced to five years in prison, without receiving the full reduction for his guilty plea. Dissatisfied with the sentence, he lodged an appeal, which was heard at the High Court on Friday (21st).
The defence argued that the charge in this case was a conspiracy offence. Although the sentencing tiers under the National Security Law were of reference value, they were not mandatory in this case, and the guilty plea should have attracted the full reduction. It cited the “47-person case”, saying that four defendants were found to be “principal offenders”, and three of them were sentenced to less than 10 years’ imprisonment owing to factors including their guilty pleas; the Department of Justice did not appeal.
The defence also argued that the contents of the posts were fanciful and nebulous, had limited impact, and that the sentencing starting point set by the trial judge was excessive. The Department of Justice said that, according to the legislative intent of the National Security Law, a conspiracy offence should be sentenced in the same way as the substantive offence. It also said that whether the posts had successfully incited others was not the key issue; rather, the relevant consideration was the purpose of making the posts. The Court of Appeal will deliver its judgment within six months.
Translations are supplied by the source workbook. Consult the original reporting for context.
