25 Nov 2024法庭線#4285
Jimmy Lai: Credibility Comes from Reporting the Truth, Not Balanced Reporting; Agrees He Would Still Report the Truth Even if It Might Incite Hatred of the Government
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周一（25 日）在西九龍裁判法院（暫代高等法院）展開第 96 日審訊，黎第四日作供。
針對《蘋果》英文版的口號「每日一《蘋果》，假新聞遠離我」，黎智英指，這口號與《蘋果》1995 年創報時的標語一致，希望報道真相，而他認為公信力來自報道真相，而非平衡報道。他在辯方提問下確認，即使報道真相可能會煽動他人憎恨政府，仍然會這樣做。但若知屬違法便不會報道，強調《蘋果》一直依法行事。
辯方另圍繞黎個人 Twitter 提問，根據控方開案，黎的 Twitter 追蹤美國時任副總統彭斯、美國時任國務卿蓬佩奧等。黎指，帳戶交由「徒弟」李兆富打理，他不懂如何追蹤帳戶、亦不懂加上 hashtag。至於控方證人楊清奇供稱，黎希望通過社交媒體擴大影響力，黎稱自己「沒有那麼自以為是」，只是想讓外界了解香港情況。
Next Digital founder Jimmy Lai is charged with “conspiracy to collude with foreign forces” and other offences. The trial entered its 96th day on Monday (25th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, with Lai giving evidence for a fourth day.
Regarding the English edition of Apple Daily’s slogan, “One Apple Daily every day, fake news stay away from me,” Lai said it was consistent with the slogan used when Apple Daily was founded in 1995. He said he wanted to report the truth and believed credibility came from reporting the truth, rather than from balanced reporting. In response to defence questioning, he confirmed that he would still do so even if reporting the truth might incite others to hate the government. However, he said he would not report something if he knew it was illegal, stressing that Apple Daily had always acted in accordance with the law.
The defence also questioned Lai about his personal Twitter account. According to the prosecution’s opening, Lai’s account followed then-US Vice-President Mike Pence and then-US Secretary of State Mike Pompeo, among others. Lai said the account was managed by his “disciple”, Li Siu-fu, and that he did not know how to follow accounts or add hashtags. Regarding prosecution witness Yeung Ching-ki’s testimony that Lai hoped to expand his influence through social media, Lai said he was “not that self-important” and only wanted people outside Hong Kong to understand the situation in Hong Kong.
22 Nov 2024法庭線#4276
Jimmy Lai says columns were not intended to incite violence or hatred of the government; admits vulgar remark and apologises
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周五（22 日）在西九龍裁判法院（暫代高等法院）展開第 95 日審訊，黎第三日作供。辯方圍繞黎專欄文章提問，黎指文章不涉煽動暴力或憎恨政府意圖，但承認在其中一篇文章，讚揚一名少女對警方喊粗口「冇得輸」，是受當時氣氛影響，同意言論低俗，現感後悔致歉。黎又解釋，提到「和勇不分」並非美化勇武派，而是希望他們受和平示威者影響變溫和。
另外，黎指《蘋果》推英文版，是想令外國關注香港、為港發聲，例如以外交渠道與中國溝通、提供政治保護，不同意是為求外國干預。他亦希望打破《南華早報》壟斷，因《南早》不會報道中國負面新聞。法官杜麗冰問，黎是否指「反華」新聞？黎否認，指「中國新聞不能反華」，強調是指負面的中國新聞。案件下周一（25 日）續審。
Next Digital founder Jimmy Lai, who is charged with conspiracy to collude with foreign forces and other offences, gave evidence for the third day as his trial entered its 95th day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Friday (22nd). Questioned by the defence about his column articles, Lai said they were not intended to incite violence or hatred of the government. He acknowledged that in one article he praised a girl who shouted an obscenity at police as having “nothing to lose”, saying he had been influenced by the atmosphere at the time. He agreed the remark was vulgar and said he now regretted it and apologised. Lai also explained that referring to “no distinction between peaceful and valiant protesters” was not intended to glorify the militant camp, but expressed his hope that they would be influenced by peaceful protesters and become more moderate.
Lai also said Apple Daily launched an English-language edition to draw foreign attention to Hong Kong and speak up for the city, including communicating with China through diplomatic channels and providing political protection. He disagreed that the aim was to seek foreign intervention. He also wanted to break the South China Morning Post’s monopoly because the SCMP would not report negative news about China. Judge Esther Toh asked whether Lai was referring to “anti-China” news. Lai denied this, saying “news about China cannot be anti-China”, and stressed that he meant negative news about China. The trial will continue next Monday (25th).
21 Nov 2024法庭線#4274
Jimmy Lai denies columns incited hatred, says they only encouraged street protests and predicted post-policy developments
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周四（21 日）在西九龍裁判法院（暫代高等法院）展開第 94 日審訊，黎第二日作供。他指，在 7.1 立法會衝突，著下屬陳沛敏多報道年輕人心聲，或令有些人主觀上視為指示，但其實只是建議。他重申反對暴力，故認為年輕人犯了錯要作出解釋，才可獲大眾理解及同情。
就前主筆楊清奇供稱《蘋果》「鳥籠自主」，黎認為楊意指員工為一間媒體工作，須跟從該媒體的立場及價值工作，就如《蘋果》的價值包括自由、民主。黎又否認其專欄文章煽動憎恨，指自己僅鼓勵人上街，以及預測若政策生效會發生甚麼事，且「文章很多內容已經發生了」。辯方提醒，其預測是否正確屬「歷史問題」，非法庭要判斷的問題。案件周五（22 日）續審。
Next Digital founder Jimmy Lai is charged with conspiracy to collude with foreign forces and other offences. The case entered its 94th day of trial on Thursday (21st) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with Lai testifying for a second day. He said that after the 1 July Legislative Council clash, instructing subordinate Chan Pui-man to give greater coverage to young people’s views might have led some people to subjectively regard it as an instruction, but was in fact only a suggestion. He reiterated his opposition to violence, and said he believed young people who had made mistakes needed to explain themselves in order to gain the public’s understanding and sympathy.
Regarding former chief editor Yeung Ching-kei’s testimony about Apple Daily’s “birdcage autonomy”, Lai said Yeung meant that employees working for a media organisation had to work in accordance with that organisation’s positions and values, with Apple Daily’s values including freedom and democracy. Lai also denied that his columns incited hatred, saying he had only encouraged people to take to the streets and predicted what would happen if policies took effect, adding that “much of the content in the articles has already happened”. The defence pointed out that whether his predictions were correct was a “historical question”, not a matter for the court to determine. The trial will continue on Friday (22nd).
20 Nov 2024法庭線#4255
47-person case | Hong Kong’s first subversion case sentenced: Benny Tai jailed for 10 years; court finds four principal offenders, three-tier sentencing framework not fully applicable
民主派初選 47 人案周二（19 日）判刑，高院 3 名指定法官裁定戴耀廷等 4 人屬於「首要分子」，以判囚 12 至 15 年為量刑起點，在認罪及協助控方減刑後，戴被判囚 10 年，成為《國安法》在港實施至今刑期最重的被告，官指戴「實質上是提倡一場革命」；區諾軒、趙家賢的刑期分別為 6 年 9 個月及 7 年。
本案是香港首宗顛覆案，法官部分接納辯方立場，指被告面對的是串謀控罪，顛覆罪條文下的刑期分級有參考價值，但非完全適用。官另反駁辯方稱謀劃不可能實現，指謀劃不是注定失敗，「61 萬名市民也不認為如此」，但接納部分被告對法律無知而給予減刑。
罪成被告分別判囚 4 年 2 個月至 10 年，毛孟靜、譚文豪、郭家麒及范國威料於明年上半年出獄，而戴耀廷與正就暴動案服刑的鄒家成則料至 2032 年出獄。保安局長鄧炳強指，整體判刑已反映了嚴重性，會研究判詞決定會否就個別被告的刑期提出上訴。
有被告在社交媒體發文，胡志偉表示「不用擔心，志偉的身體和精神都好好」；梁國雄向妻子撰家書致意。鄒家成稱對刑期絕不樂觀，但仍見希望。何桂藍分別以英文及中文撰文，由反修例運動談到本案。
The 47-person pan-democratic primary case was sentenced on Tuesday (19th). Three designated High Court judges found Benny Tai Yiu-ting and three others to be “principal offenders”, using 12 to 15 years’ imprisonment as the starting points for sentencing. After reductions for guilty pleas and assistance to the prosecution, Tai was sentenced to 10 years in prison, making him the defendant to receive the longest sentence under the National Security Law since its implementation in Hong Kong. The court said Tai was “in substance advocating a revolution”. Au Nok-hin and Andrew Chiu Ka-yin were sentenced to 6 years and 9 months and 7 years respectively.
The case is Hong Kong’s first subversion case. The judges partially accepted the defence’s position, saying that the defendants faced a conspiracy charge and that the sentencing bands under the subversion offence provisions had reference value, but were not fully applicable. The court also rejected the defence’s argument that the plan could not have been realised, saying the plan was not doomed to fail and that “610,000 citizens did not think so either”. However, it accepted that some defendants were ignorant of the law and reduced their sentences accordingly.
The convicted defendants received sentences ranging from 4 years and 2 months to 10 years. Claudia Mo, Jeremy Tam, Kwok Ka-ki and Fan Kwok-wai are expected to be released in the first half of next year, while Benny Tai and Owen Chow, who is serving a sentence for a riot case, are not expected to be released until 2032. Secretary for Security Chris Tang said the overall sentences reflected the seriousness of the case and that the authorities would study the judgment to decide whether to appeal the sentences of individual defendants.
Some defendants posted on social media. Wu Chi-wai said, “There is no need to worry; Chi-wai’s physical and mental condition are both good.” Leung Kwok-hung wrote a letter to his wife to convey his regards. Owen Chow said he was by no means optimistic about the sentence, but could still see hope. Gwyneth Ho wrote separately in English and Chinese, discussing the anti-extradition bill movement and then the present case.
20 Nov 2024法庭線#4256
Jimmy Lai Case | About 70 People Queue Outside Court; Residents Endure Overnight Rain: “Let Him Know Hong Kong People Have Not Forgotten His Spirit”
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司，被控「串謀勾結外國勢力」等罪案件，距上次休庭近 4 個月後，案件周三（20 日）於西九龍裁判法院（暫代高等法院）續審，黎智英親自出庭作供。在庭外，現場持續下大雨，約 100 名市民排隊輪候旁聽席位，有人昨日旁聽初選案判刑後，隨即再就黎智英案排隊。排隊市民需要長期舉傘，部分人身穿雨衣，或披上反光保溫毯。
至今早約 7 時，輪候旁聽隊伍有約 70 人排隊。有通宵排隊的市民稱，由於全晚下雨「隻腳濕晒」，希望到場旁聽「畀佢（黎）知，香港市民無忘記佢嘅精神。」亦有市民不忿有疑似「排隊黨」，「佢根本唔知自己點解要嚟，我覺得件事係損害咗，其他一般市民聽審嘅權利。」
The case against Next Digital founder Jimmy Lai and three companies linked to Apple Daily, involving charges including “conspiracy to collude with foreign forces”, resumed on Wednesday (the 20th) at the West Kowloon Magistrates’ Courts, temporarily serving as the High Court, after an adjournment of nearly four months. Lai appeared in court in person to give evidence. Outside, heavy rain continued as about 100 people queued for seats in the public gallery. Some went straight to queue for Lai’s case after attending the sentencing in the primary election case yesterday. Those waiting had to hold umbrellas for extended periods; some wore raincoats or wrapped themselves in reflective thermal blankets.
At about 7 a.m., around 70 people remained in the queue. One person who had queued overnight said that, because it had rained throughout the night, “my feet were completely soaked”, and said they hoped to attend the hearing “to let him [Lai] know that Hong Kong people have not forgotten his spirit.” Another person was unhappy about suspected “queueing gangs”, saying, “They simply don’t know why they came. I think this has undermined the right of other ordinary members of the public to attend the hearing.”
20 Nov 2024法庭線#4257
47-person case sentencing | Hendrick Lui Chi-hang’s adoptive mother taken away after holding slogan; arrested over alleged “disorderly conduct in a public place”
民主派被控「串謀顛覆國家政權」罪一案，45 名罪成被告於周二（19 日）在西九龍裁判法院（暫代高院）被判囚 4 年 2 月至 10 年不等。其中被判囚 4 年 3 個月的呂智恆，其養母 Elsa 在散庭後，於庭外舉起寫有「惡人必亡」的標語，之後被警員帶上警車。期間她多次高呼「佢係好人，點解要坐監」，情緒激動，之後警車開走。
警方回應指，一名 60 歲女子涉嫌「在公眾地方行為不檢」被捕，已獲准保釋候查，須於 12 月下旬向警方報到。
In the case in which pro-democracy figures were charged with “conspiracy to subvert state power”, 45 convicted defendants were sentenced to between 4 years 2 months and 10 years in prison at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Tuesday (19th). After the hearing, Elsa, the adoptive mother of Hendrick Lui Chi-hang, who was sentenced to 4 years 3 months in prison, held up a slogan reading “Evil people must die” outside the court and was subsequently taken to a police vehicle. She repeatedly shouted, “They are a good person—why do they have to go to prison?” and appeared agitated before the police vehicle left.
Police said a 60-year-old woman had been arrested on suspicion of “disorderly conduct in a public place”. She was released on bail pending investigation and must report to police in late December.
20 Nov 2024法庭線#4259
47-person case | Hong Kong’s first subversion case: defendants jailed for 4 to 10 years, below Xu Zhiyong and Ding Jiaxi, some longer than Wang Quanzhang
香港首宗顛覆案，47 名民主派被指藉初選控制立法會，繼而無差別否決預算案逼使特首下台，45 人罪成，判囚 4 年 2 個月至 10 年。法官指戴耀廷「實質上是提倡一場革命」，戴與區諾軒、趙家賢以囚 15 年為量刑起點，扣除減刑後被判囚 6 年 9 個月至 10 年。
中國刑法亦設有顛覆罪，條文及刑期分級與香港相若。近年內地顛覆案中，法律學者許志永、維權律師丁家喜，被指成立公民運動非法組織、撰寫煽動性文章及召開非法組織秘密會議，分別被判囚 14 年及 12 年；涉及「709 案」的維權律師王全璋亦被判囚 4 年半。
以最終刑期比較，47 人案被告的刑期全部低於許志永、丁家喜，但有 25 名被告的刑期高於王全璋。
In Hong Kong’s first subversion case, 47 pro-democracy figures were accused of using a primary election to control the Legislative Council and then indiscriminately vetoing the budget to force the Chief Executive to step down. Forty-five were convicted and sentenced to between 4 years and 2 months and 10 years in prison. The judge said Dai Yaoting was “in substance advocating a revolution”. Dai, Au Nok-hin and Andrew Chiu were given a sentencing starting point of 15 years and, after reductions, sentenced to between 6 years and 9 months and 10 years.
China’s Criminal Law also provides for the offence of subversion, with provisions and sentencing tiers broadly similar to those in Hong Kong. In mainland subversion cases in recent years, legal scholar Xu Zhiyong and rights lawyer Ding Jiaxi were accused of forming an illegal civic movement organisation, writing seditious articles and holding secret meetings of an illegal organisation. They were sentenced to 14 years and 12 years in prison respectively. Rights lawyer Wang Quanzhang, whose case was related to the “709 case”, was also sentenced to four and a half years in prison.
Comparing the final sentences, all the defendants in the 47-person case received shorter terms than Xu Zhiyong and Ding Jiaxi, while 25 defendants received longer terms than Wang Quanzhang.
20 Nov 2024法庭線#4261
Hong Kong 47 case sentencing | US State Department calls sentences unjust and imposes visa restrictions on officials; Hong Kong government scoffs
民主派被控「串謀顛覆國家政權」罪一案，45 名罪成被告周二（19 日）被判囚 4 年 2 個月至 10 年。美國國務院於香港時間周三（20 日）發聲明，強烈譴責判刑，形容判刑「不公」（unjust），並宣布將向多名負責執行《國安法》的香港官員，施加簽證限制。
港府亦於周三發聲明，表示強烈譴責和反對，指美國政府提出向香港特區人員施加「簽證限制」，「全屬卑劣政治操作」、「明目張膽地干涉中國內政和香港事務」，「對所謂『制裁』嗤之以鼻」，重申會無懼任何威嚇，繼續堅定不移，履行維護國家安全的責任。
In the case in which pro-democracy figures were charged with conspiracy to subvert state power, 45 convicted defendants were sentenced on Tuesday (19th) to between four years and two months and 10 years in prison. The US State Department issued a statement on Wednesday (20th), Hong Kong time, strongly condemning the sentences as “unjust” and announcing that it would impose visa restrictions on multiple Hong Kong officials responsible for implementing the National Security Law.
The Hong Kong government also issued a statement on Wednesday, expressing strong condemnation and opposition. It said the US government’s proposed “visa restrictions” on Hong Kong Special Administrative Region personnel were “entirely despicable political manipulation” and “blatant interference in China’s internal affairs and Hong Kong affairs”, and that it “scoffs at the so-called ‘sanctions’”. It reiterated that it would not fear any threats and would continue, steadfastly and unswervingly, to fulfil its responsibility to safeguard national security.
20 Nov 2024法庭線#4262
Jimmy Lai case | Lai testifies that Apple Daily opposed violence and Hong Kong independence, saying “advocating Hong Kong independence is a conspiracy”
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司，被控「串謀勾結外國勢力」等罪，案件周三（20 日）在西九龍裁判法院（暫代高等法院）展開第 93 日審訊，黎智英出庭作供。
黎供稱，他在六四事件後，認為辦報是傳遞自由信息的好機會，因「越知情越自由」，而 《蘋果》的核心價值與港人一致，包括民主、言論和集會自由等。他指《蘋果》沒有編採政策，但反對暴力、反對提倡港獨，形容「主張港獨是一種陰謀」，相信員工會遵守此原則。
就控方指控他透過「飯盒會」下達編採指示，黎否認，指當時公司正由報紙轉型至網上，「飯盒會」用作討論業務發展。至於《蘋果》高層供稱黎為人強勢、「不認為自己有權說不」，黎重申不干預編採工作，但確認曾就兩件事下達編採指示，包括要求推「一人一信救香港」行動，解釋因《國安法》下言論自由岌岌可危，《蘋果》危在旦夕，故希望美國時任總統特朗普出手阻止《國安法》通過。
Next Digital founder Jimmy Lai and three companies related to Apple Daily are charged with offences including conspiracy to collude with foreign forces. The trial entered its 93rd day on Wednesday (the 20th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, where Lai gave evidence.
Lai testified that after the June Fourth incident, he believed running a newspaper was a good opportunity to convey messages of freedom because “the more informed, the freer”. He said Apple Daily’s core values were shared by Hong Kong people, including democracy and freedom of speech and assembly. He said the newspaper had no editorial policy, but opposed violence and advocating Hong Kong independence, describing “advocating Hong Kong independence as a conspiracy”, and believed its staff would abide by this principle.
Lai denied the prosecution’s allegation that he issued editorial instructions through “lunchbox meetings”, saying the company was then transitioning from a newspaper to an online operation and that the meetings were used to discuss business development. In response to Apple Daily executives’ testimony that he was strong-minded and “did not think he had the right to say no”, Lai reiterated that he did not interfere in editorial work. He confirmed, however, that he had issued editorial instructions on two matters, including asking the newspaper to promote the “one person, one letter to save Hong Kong” campaign. He explained that freedom of speech was precarious under the National Security Law and that Apple Daily was in danger, so he hoped then-US President Donald Trump would intervene to stop the law from being passed.
20 Nov 2024法庭線#4263
Lai says meeting Pence was only to seek his support for Hong Kong: “I dared not ask the US vice-president to do anything”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周三（20 日）在西九龍裁判法院（暫代高等法院）展開第 93 日審訊。針對控方指控黎智英與多國政治人物有聯繫，黎供稱曾與美國時任副總統彭斯見面，但「不敢叫美國副總統做任何事」，僅希望對方為港發聲、支持香港，沒要求對方作出實際行動。
黎又指，他曾與前港督彭定康見面，但不敢認為兩人是朋友；與當時的台灣總統蔡英文見面，亦只屬「公關見面」，沒有特定議題。黎強調，從沒捐款予海外政黨，亦無要求外國政要影響對華政策。
The 93rd day of the trial of Next Digital founder Jimmy Lai, who faces charges including conspiracy to collude with foreign forces, took place on Wednesday (20) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Responding to the prosecution’s allegations that he had links with political figures in various countries, Lai testified that he had met then-US Vice-President Mike Pence, but “dared not ask the US vice-president to do anything”. He said he only hoped Pence would speak out for Hong Kong and support Hong Kong, and had not asked him to take any specific action.
Lai also said he had met former Hong Kong governor Chris Patten, but did not dare regard the two of them as friends. His meeting with Taiwan’s then-president Tsai Ing-wen was also merely a “public relations meeting” and involved no specific issue. Lai stressed that he had never donated to overseas political parties and had not asked foreign political figures to influence policy towards China.
Translations are supplied by the source workbook. Consult the original reporting for context.
