20 Nov 2024法庭線#4265
47-person case | 18 have served two-thirds of their sentences and could be released early if granted remission; judge says authorities will consider eight defendants’ remorse
民主派初選 47 人案，45 名罪成被告判囚 4 年 2 個月至 10 年，《法庭線》按已還押日子等推算，被告將最早於明年、最遲至 2032 年出獄，而當中 18 人已完成三分之二刑期，若他們在服刑期間，獲獄中行為良好減刑（按例最多減三分之一），有望於短期內獲釋。
該 18 人之中，郭家麒、范國威、王百羽、吳敏兒、張可森、朱凱廸、岑敖暉及楊岳橋 8 人獲法官在判詞指具真誠悔意、重犯機會低，法庭「相信」當局在衡量減刑時會予以考慮。
「23 條」實施後，犯國安罪服刑者除非獲信納不會不利於國安，否則不獲獄中減刑。特首李家超曾稱，「如果犯了涉及危害國家安全的嚴重罪行，正常來說都不會獲得減刑」，又形容是「一般做法」。
In the democratic camp primary election 47-person case, 45 convicted defendants were sentenced to between four years and two months and 10 years in prison. Based on the time already spent on remand and other factors, The Witness estimated that the defendants would be released between next year at the earliest and 2032 at the latest. Eighteen of them have already served two-thirds of their sentences and, if they receive remission for good conduct during imprisonment—by law, a maximum reduction of one-third—they could be released in the near term.
Among those 18, eight—Kwok Ka-ki, Fan Kwok-wai, Wong Pak-yu, Ng Man-yi, Ho Sum Cheung, Au Nok-hin, Cheng Ao-hui and Yeung Hok-king—were described by the judge in the sentencing remarks as having shown genuine remorse and being unlikely to reoffend. The court “believes” the authorities will take this into consideration when assessing remission.
After the implementation of Article 23, people serving sentences for national security offences will not receive remission unless it is established that doing so would not be contrary to national security. Chief Executive John Lee Ka-chiu has said that “if someone has committed a serious offence involving endangering national security, normally they will not receive a sentence reduction”, describing this as “the general practice”.
19 Nov 2024集誌社#4246
47-person case sentencing｜Politicians in multiple countries condemn; Chris Patten: Insult to Hong Kong people; Foreign Ministry: Opposes smearing and undermining Hong Kong rule of law
民主派 47 人案判刑引起美、澳、歐盟等西方國家關注，紛發表聲明譴責。其中末代港督彭定康發聲明指，判刑「不單是對香港人的侮辱，亦是對全世界珍惜人權和自由人士的侮辱」；美國駐港澳總領事館亦強烈譴責判刑，要求當局即時釋放所有政治犯。外交部發言人則堅決反對個別西方國家借個案干涉中國內政，「抹黑和破壞香港法治」。
保安局長鄧炳強在宣判後見傳媒，指整體刑期反映案件嚴重性，又指會就個別刑期研究判詞，「考慮是否作出上訴」。行政長官李家超則指，判刑顯示法庭確定被告所犯罪行「非常嚴重，必須予以嚴懲」，又指「反中亂港勢力假借所謂民主、自由、人權藉口，禍港亂港、顛覆國家政權」，特區政府必依法追究、嚴懲不貸。
The sentencing of the 47 pro-democracy figures drew attention from the United States, Australia, the European Union and other Western countries, which issued statements of condemnation. Chris Patten, the last governor of Hong Kong, said in a statement that the sentences were “not only an insult to the people of Hong Kong, but also an insult to people around the world who cherish human rights and freedom”. The US Consulate General in Hong Kong and Macau also strongly condemned the sentences and called on the authorities to immediately release all political prisoners. A Foreign Ministry spokesperson firmly opposed individual Western countries using the case to interfere in China’s internal affairs and to “smear and undermine Hong Kong’s rule of law”.
Secretary for Security Chris Tang told the media after the verdicts that the overall terms reflected the seriousness of the case. He also said the authorities would study the judgment in relation to individual sentences and “consider whether to lodge an appeal”. Chief Executive John Lee said the sentences showed that the court had determined that the offences committed by the defendants were “very serious and must be severely punished”. He also said that “anti-China and anti-Hong Kong forces have used the pretexts of so-called democracy, freedom and human rights to harm and destabilise Hong Kong and subvert the state power”. The HKSAR Government would pursue the matter in accordance with the law and impose severe punishment without leniency.
19 Nov 2024法庭線#4247
47-Person Case Sentencing｜Citizens Queue Overnight in Rain, Peaking at 500; Leung Wong-wai’s Secondary School Teacher: They Have Given Hong Kong People an Account
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）在西九龍裁判法院（暫代高院）判刑。45 人最終被判 4 年 2 個月至 10 年不等。早於周日（17 日）起，已有多名市民到場通宵排隊。周二凌晨起，雨勢及風勢增強、氣溫下降，排隊人士紛紛撐傘及蓋上錫紙保暖，高峰期約 500 人排隊。
早前被指違反《維護國安條例》下煽動罪，一度被捕的李盈姿，在現場曾遭警方截查，李稱警員指，其 FB 帖文寫有「全世界出西九」涉煽動，並引述警方稱，登記身份證後屬「正式警告」，「再犯就會拉我」。社民連的黃浩銘、周嘉發、曾健成亦於排隊期間，一度被警員帶走截查。對於現場被指有「排隊黨」，曾健成稱「已經趕到盡、殺到絕，仲要派啲排隊黨嚟，連家人朋友都唔畀見，係有少少那個啦。」
多次到場旁聽，梁晃維的中學老師林老師亦有到場。他指梁「一路好硬淨」，「一定要嚟一嚟見證，佢哋向香港人交代咗……無論判幾多年都好啦，基本上係最後一個歷史轉折，或者突破發展。」
In the case in which pro-democracy figures were charged with conspiracy to subvert state power, 45 defendants found guilty were sentenced on Tuesday (19th) at the West Kowloon Magistrates’ Courts, which was temporarily acting as the High Court. The 45 were ultimately sentenced to between four years and two months and 10 years. Several members of the public had already arrived to queue overnight from Sunday (17th). From the early hours of Tuesday, the rain and wind intensified and temperatures fell. People in the queue opened umbrellas and covered themselves with foil blankets to keep warm; the queue peaked at about 500 people.
Ying Chi (Med) Lee, who had earlier been arrested over alleged sedition under the Safeguarding National Security Ordinance, was stopped and questioned by police at the scene. Li said officers told him that his Facebook post saying “Everyone head to West Kowloon” involved sedition, and quoted police as saying that after registering his identity card, it constituted a “formal warning” and that “if I do it again, they will arrest me”. League of Social Democrats member Wong Ho-ming, Dickson Chau, and Tsang Kin-shing were also taken away by police for questioning briefly while queuing. Regarding claims that there were “queueing gangs” at the scene, Tsang said: “They’ve already gone all out and done everything they can to suppress us, and now they even send queueing gangs here, not allowing us to see our family members and friends. It’s a bit much.”
Teacher Lam, Leung Wong-wai’s secondary school teacher, who had attended the hearings several times, also came to the scene. He said Leung had “remained very steadfast” and “insisted on coming to witness it; they have given Hong Kong people an account ... Regardless of how many years they are sentenced to, basically this is the final historical turning point, or breakthrough development.”
19 Nov 2024法庭線#4248
Jimmy Lai to testify Wednesday; spectators queue again after 47-person primary election case, police keep close watch
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪案件，案件周三（20 日）將於西九龍裁判法院（暫代高等法院）續審，預料黎智英將出庭作供。司法機構周二（19 日）公布，「黎智英案」的正庭將安排 70 個座位予公眾人士，另有 309 個延伸庭座位。同日早上，於「初選47人案」判刑後，隨即有市民再到法院外，輪候明日蘋果案的旁聽席位。至下午已有約 50 人排隊。
警方則在傍晚派員，排成一列隊伍，近距離面對面觀察旁聽人士。據現場旁聽隊伍內的市民指，傍晚有排隊中的市民嘗試離開隊伍，聲援、送別囚車，警方隨即派出多名警員，面對面監視整條旁聽隊伍。記者現場觀察，最高峰時，每名警員各自以相隔不足一米看守隊伍，亦有警員觀察排隊市民正閱讀甚麼書本。有排隊市民質疑警方欲施「下馬威」，但表示不擔心，「如果擔心就返屋企啦」。
The trial of Apple Daily founder Jimmy Lai, who is charged with offences including conspiracy to collude with foreign forces, will resume at the West Kowloon Magistrates’ Courts (temporarily acting as the High Court) on Wednesday (20th), with Lai expected to testify. The Judiciary announced on Tuesday (19th) that 70 seats in the main courtroom would be allocated to members of the public in the “Jimmy Lai case”, with a further 309 seats in an extension courtroom. On the same morning, after sentencing in the “47-person primary election case”, members of the public immediately returned to queue outside the court for seats to observe the Apple Daily case the following day. By the afternoon, about 50 people were queuing.
In the evening, police sent officers to form a line and observe the spectators face-to-face at close range. Members of the public in the queue said that some people tried to leave the queue in the evening to show support and see off a prison van, after which police immediately deployed several officers to monitor the entire viewing queue face-to-face. Reporters observed that at the peak, each officer guarded the queue from a distance of less than one metre, while some officers also watched what books people in the queue were reading. Some people queuing questioned whether police were trying to issue a warning, but said they were not worried: “If you’re worried, go home.”
19 Nov 2024法庭線#4249
47-Person Case Sentencing | Chris Tang Says Appeal Is Being Considered; EU Says Democracy Has Been Undermined; Foreign Ministry Slams Western Countries’ Groundless Accusations
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）判刑。各人分別被判 4 年 2 個月至 10 年不等。當中判刑最重的是首被告戴耀廷，其次是有份發起《墨落無悔》的鄒家成，判囚 7 年 9 個月。
保安局局長鄧炳強於判刑同日下午見傳媒，指整體判刑已反映了罪行嚴重性，至於會否就個別被告的刑期提出上訴，則會在研究判詞後再決定。英、澳、歐盟均就判刑發聲明，當中歐盟聲明提到，各被告入獄再一次打擊香港的自由民主，以及多元發展，而被告所參與的活動，在任何尊重基本民主原則的政治體系中，都應被認為是合法。
中國外交部發言人林劍則在記者會上，強調任何人都不能打著民主的旗號從事違法活動，又不點名批評個別西方國家，無視本國通過有關司法程序，維護自身國家安全的事實，無端指責香港法院實施《國安法》。
Forty-five defendants convicted in a case in which members of the pro-democracy camp were charged with “conspiracy to subvert the state power” were sentenced on Tuesday (19th) at the West Kowloon Magistrates’ Courts, temporarily exercising the jurisdiction of the High Court. They received sentences ranging from four years and two months to 10 years. The longest sentence was imposed on the first defendant, Benny Tai, followed by Owen Chow, who helped launch the “No Regrets in Ink” campaign, and was sentenced to seven years and nine months.
Secretary for Security Chris Tang told the media that afternoon that the sentences as a whole reflected the seriousness of the offences. He said the authorities would decide whether to appeal the sentences of individual defendants after studying the judgments. The United Kingdom, Australia and the European Union all issued statements on the sentences. The EU statement said the imprisonment of the defendants once again undermined freedom, democracy and pluralism in Hong Kong, and that the activities in which they participated should be considered legitimate in any political system that respects basic democratic principles.
At a press conference, Chinese Foreign Ministry spokesperson Lin Jian stressed that no one could engage in illegal activities under the banner of democracy. Without naming individual Western countries, he criticised them for ignoring the fact that their own countries had adopted relevant judicial procedures to safeguard national security, and for groundlessly accusing Hong Kong courts of implementing the National Security Law.
19 Nov 2024法庭線#4250
47-person case sentencing｜Judge accepts case involved conspiracy charge; National Security Law sentencing tiers not fully applicable but may be referred to
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）判刑，其中被指為初選主謀的戴耀廷判囚 10 年，其餘 44 人判囚 4 年 2 個月至 7 年 9 個月。其中代表戴耀廷的資深大律師黃繼明，在其求情陳詞時提出，本案是串謀定罪，認為《國安法》下顛覆罪的刑期分級並不適用； 控方則提倡，《國安法》最低刑期適用，又認為判刑時需參考內地法律。
三名指定法官部分接納辯方立場，在判刑理由指，本案被告面對的是串謀控罪，《國安法》第 22 條下刑期分級有參考價值，但非完全適用；又引「呂世瑜」及「馬俊文」案指，《國安法》立法原意為與本地法律銜接、兼容及互補，法庭在判刑時應同時考慮《國安法》及普通法原則，不應依賴內地判刑例子。
綜觀多名被告判刑理由，其中除戴耀廷、區諾軒、趙家賢及鍾錦麟 4 人被指屬「首要分子」外，其餘 40 人被歸類為「積極參加」者，但未受《國安法》22 條的刑期下限影響， 區諾軒、趙家賢及鍾錦麟 3 人因認罪、作供等因素減刑後，分別判囚 6 年 1 個月至 7 年，跌出「首要分子」10 年的刑期下限。
In the case in which pro-democracy figures were charged with conspiracy to subvert state power, 45 convicted defendants were sentenced on Tuesday (19th). Dai Yiu-ting, described as the alleged mastermind of the primary election, was sentenced to 10 years’ imprisonment, while the other 44 were sentenced to between four years and two months and seven years and nine months. Senior Counsel Stewart Kai Ming Wong, representing Dai Yiu-ting, argued in mitigation that this was a conspiracy conviction and that the sentencing tiers for the offence of subversion under the National Security Law did not apply. The prosecution argued that the minimum sentences under the National Security Law applied and that mainland Chinese law should be taken into account in sentencing.
A panel of three designated judges partly accepted the defence’s position. In their sentencing reasons, they said the defendants faced conspiracy charges and that the sentencing tiers under Article 22 of the National Security Law had reference value but did not apply in full. Citing the “Lui Sai Yu” and Ma Chun-man cases, they said the legislative intent of the National Security Law was to connect with, be compatible with and complement local laws. The court should consider both the National Security Law and common-law principles when sentencing, and should not rely on mainland sentencing precedents.
Across the sentencing reasons for the various defendants, only Dai Yiu-ting, Au Nok-hin, Chiu Ka-yin and Chung Kam-lam were classified as “principal offenders”. The other 40 were classified as “active participants”, but were not affected by the minimum sentences under Article 22 of the National Security Law. After sentence reductions for factors including guilty pleas and giving evidence, Au Nok-hin, Chiu Ka-yin and Chung Kam-lam were sentenced to between six years and one month and seven years, falling below the 10-year minimum sentence for “principal offenders”.
19 Nov 2024法庭線#4251
47-person case sentenced | Leung Kwok-hung sends wife a letter from prison; Owen Chow discusses “hope”; Gwyneth Ho speaks of personal struggles
民主派初選 47 人案在橫跨三年後，隨著本周二（19 日）宣判判刑，原審階段正式完結。有多名被告的名下社交媒體，沉寂多時後再度發文。當中伍健偉留下簡單一句「2026 年 9 月，未來見！」胡志偉則以「約定再見 好好呼吸」為題，向街坊、好友表示「不用擔心，志偉的身體和精神都好好」，稱料 2026 年夏天出獄，又為胡召集筆友。梁國雄亦向妻子陳寶瑩撰家書，寫下「我常跟您說的『我愛你』，若不是隔着鐵窗，那該多好！」
鄒家成、何桂藍則發表「千字文」。鄒先後引捷克作家哈維爾名言，及二戰後期事例「論希望」。他稱對刑期絕不樂觀，但仍見希望，「因為即使重獲自由之日仍相當遙遠，我們總算看到終點」。何則分別以英文及中文撰文，由 2019 年反修例運動談到本案、中國人權狀況、全球局勢以至民主的未來。
何亦提及一名白俄羅斯的異見者，指她寧願服刑亦拒絕流亡，並在閉門聆訊中，依舊陳詞差不多三小時。何說曾想像過，對剝奪自己自由的人陳詞時，看著對方同情，或嘲笑的面孔，而最終自己做不到。中文部分中，則談到一些個人掙扎，指近年來她若做得越好，反而「喺物理同時間上離佢哋（親友）越遠」。她又說，沒人能定義「香港係咩」，但籲眾人拓闊「香港可以係咩」。
The trial stage of the primary election case involving 47 pro-democracy figures formally ended after the defendants were sentenced on Tuesday (19th), following proceedings spanning three years. The social media accounts of several defendants posted again after remaining silent for a long period. Ng Kin-wai left the brief message, “See you in the future in September 2026!” Wu Chi-wai used the title “Promise to meet again. Breathe well” to tell neighbours and friends not to worry, saying that his physical and mental condition were good and that he expected to be released in summer 2026; he also sought pen pals for Wu. Leung Kwok-hung wrote a letter from prison to his wife, Chan Po-ying, saying: “How wonderful it would be if it were not through iron bars when I say the ‘I love you’ I often tell you!”
Owen Chow and Gwyneth Ho each published lengthy pieces. Chow cited quotations from Czech writer Václav Havel and a late-Second World War example in discussing hope. He said he was by no means optimistic about the sentence, but still saw hope: “Because even though the day we regain our freedom remains quite far away, we can at least see the finish line.” Ho wrote separately in English and Chinese, discussing the 2019 anti-extradition movement, the case, China’s human rights situation, global affairs and the future of democracy.
Ho also referred to a Belarusian dissident who preferred serving a prison sentence to going into exile and who, during a closed-door hearing, continued making submissions for nearly three hours. Ho said she had imagined looking at the sympathetic or mocking faces of those who had deprived her of her freedom while making submissions to them, but ultimately found that she could not do so. In the Chinese-language section, she discussed personal struggles, saying that in recent years, the better she did, the farther away she became from her relatives and friends “physically and in terms of time”. She also said that nobody could define “what Hong Kong is”, but urged everyone to broaden their thinking about “what Hong Kong can be”.
18 Nov 2024Channel C#4243
47-person case | Ying Chi (Med) Lee’s phone searched by police; released after deleting post
45名民主派人士因「35+顛覆政權案」被控「串謀顛覆國家政權」罪一案，將在明日（19日）於西九龍裁判法院判刑。李盈姿今日（18日）晚上7時許於西九龍裁判法院外排隊期間，突然被在場警員要求她離隊並搜查她的電話。據知，李盈姿於社交媒體事前上發佈有關呼籲到庭的字句。李盈姿事後表示警員要求她自行「處理」，如果她不「處理」的話，暗示會作出拘捕。李刪除貼文後獲放行。此外，西九龍法院範圍主要路段佈滿「組裝式汽車攔截器」。
The 45 pro-democracy figures charged with conspiracy to subvert state power in the “35+ subversion case” are due to be sentenced tomorrow (19th) at the West Kowloon Magistrates’ Courts. At about 7pm today (18th), while queueing outside the West Kowloon Magistrates’ Courts, Ying Chi (Med) Lee was suddenly asked by police officers at the scene to leave the queue, and her phone was searched. It is understood that Ying Chi (Med) Lee had earlier posted wording on social media calling on people to attend the court hearing. Ying Chi (Med) Lee subsequently said the officers asked her to “deal with it” herself, implying that she would be arrested if she did not. After deleting the post, Ying Chi (Med) Lee was allowed to leave. In addition, the main roads around the West Kowloon court complex were filled with “modular vehicle barriers”.
18 Nov 2024法庭線#4244
47-person case | About 60 queue at 1pm on eve of sentencing; “comrade” says Ng Kin-wai is “enlightened, and has done everything he needed to do”
47 名民主派被控「串謀顛覆國家政權」罪一案，共 14 人經審訊後罪成、31 人認罪，案件將於周二（19 日）早上 10 時，在西九龍裁判法院判刑。被告之一伍健偉的「戰友」，前「天水連線」元朗區議員林進稱，伍「而家豁然咗、開朗咗，所有應該要做嘅嘢都做咗啦」。
林稱，這 3 年半對於很多牆外的家屬、朋友，「大家嗰時間，某程度上都係停頓」，最終迎來判刑日子，「希望大家可以好好 move on ，繼續好好生活」。同樣表示希望見到伍健偉一面的 C 小姐稱，希望伍可盡快出獄，「大家都想快啲完，相聚一下，食吓飯」。另外，記者向排頭位約 10 多名巿民，以及隊尾的 10 多名市民，詢問輪候旁聽甚麼案件、為何提早排隊，但不獲回應。
司法機構公布，周二在正庭及伸延庭將安排 404 個公眾席及 71 個記者席，其中正庭僅設 5 個公眾旁聽座位，其餘旁聽席，分布在另外 6 個延伸區域。
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, 14 people were convicted after trial and 31 pleaded guilty. The defendants are due to be sentenced at 10am on Tuesday (the 19th) at the West Kowloon Magistrates’ Courts. Matthew Chun Lam, a former Yuen Long district councillor of the “Tin Shui Wai Connection” and a “comrade” of defendant Ng Kin-wai, said Ng was “now relieved and enlightened, and has done everything he should have done”.
Lam said that over the past three and a half years, for many families and friends “outside the walls”, “everyone’s time was, to some extent, at a standstill”. With sentencing day finally approaching, Lam said: “I hope everyone can move on properly and continue living their lives well.” Ms C, who also said she hoped to see Ng Kin-wai in person, said she hoped Ng could be released as soon as possible: “Everyone wants it to end sooner, so we can get together and have a meal.” Reporters also asked more than 10 members of the public at the front of the queue and more than 10 at the back what case they were waiting to attend and why they had queued early, but received no response.
The Judiciary said that 404 public seats and 71 press seats would be arranged in the main courtroom and extended courtrooms on Tuesday. The main courtroom would have only five public gallery seats, with the remaining seats distributed across six other extension areas.
30 Oct 2024法庭線#4190
Hong Kong Alliance subversion case: Zhou Fengsuo and Jens Galschiøt say they are willing to come to Hong Kong to testify for Chow Hang-tung
支聯會及其前正副主席李卓人、何俊仁、鄒幸彤被控「煽動顛覆國家政權」一案，鄒申請海外證人以視像直播方式作供被拒。中國民運人士周鋒鎖、丹麥雕塑家高志活近日先後在社交媒體發文，表示願意來港為鄒幸彤及支聯會作供。
鄒幸彤日前在庭上透露，欲傳召 5 人作供，除了周鋒鎖及高志活，其餘 3 人為美國政治及社會學教授 Larry Diamond、中國民運人士吾爾開希及方政。
In the case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chair and vice-chairs Lee Cheuk-yan, Albert Ho and Chow Hang-tung were charged with “inciting subversion of state power”, Chow’s application to call overseas witnesses to testify by live video link was rejected. Chinese democracy activist Zhou Fengsuo and Danish sculptor Jens Galschiøt recently said in separate social media posts that they were willing to come to Hong Kong to testify for Chow and the Alliance.
Chow revealed in court recently that she wanted to call five people to testify. Besides Zhou Fengsuo and Jens Galschiøt, the other three were Larry Diamond, a US professor of political science and sociology, Chinese democracy activist Wu’er Kaixi, and Fang Zheng.
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