29 Aug 2024獨媒#3969
[Stand News case] Eric Chan says there are no restrictions on press freedom, depending on the purpose of criticism
《立場新聞》母公司、前總編輯鍾沛權及前署任總編輯林紹桐被控「串謀發布煽動刊物」罪，區域法院今午被裁定罪名成立，迅間就被外國傳媒廣泛報導。政務司司長陳國基出席一個活動後被問到裁決一事，他指政府非常尊重和重視香港新聞自由，如果記者依事實報導，不會存在限制新聞自由。他表示傳媒並非不可以批評政府，每日仍有不少報導批評政府，惟需視乎目的。
The parent company of Stand News, its former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Siu-tong were found guilty by the District Court this afternoon of conspiracy to publish seditious publications, a verdict that was immediately widely reported by foreign media. After attending an event, Chief Secretary for Administration Eric Chan was asked about the verdict. He said the government greatly respected and valued press freedom in Hong Kong, and that there would be no restrictions on press freedom if journalists reported based on the facts. He said the media were not prohibited from criticising the government, noting that many reports continued to criticise the government every day, but that it depended on the purpose.
29 Aug 2024獨媒#3972
Stand News case: Will authors of articles involved be prosecuted? Li Guihua: Depends on whether there was seditious intent
《立場新聞》涉嫌發布煽動性文章，前總編輯鍾沛權及署任總編輯林紹桐今日在區域法院，被裁定串謀發布煽動刊物罪名成立。對於法庭已就涉案文章裁定具煽動意圖，警方會否就撰寫文章的記者、博客作調查及進一步行動。國安處總警司李桂華表示，會視乎文章是否有煽動意圖：「就作者，同埋嗰啲負責寫嘅人士，我哋會睇睇一樣嘢，佢哋有無煽動意圖做呢一樣嘢，如果有嘅話，我哋會同律政處商量，究極適唔適合檢控嘅情況。」
Stand News was alleged to have published seditious articles. Former editor-in-chief Chung Pui-kuen and acting editor-in-chief Lam Siu-tong were found guilty today at the District Court of conspiracy to publish seditious publications. Asked whether police would investigate and take further action against the journalists and bloggers who wrote the articles, after the court found that the articles in question had seditious intent, National Security Department Chief Superintendent Li Guihua said it would depend on whether the articles had seditious intent: “As for the authors and those responsible for writing them, we will look at one thing: whether they had seditious intent in doing so. If they did, we will discuss with the Department of Justice whether prosecution is ultimately appropriate.”
29 Aug 2024獨媒#3973
Stand News case: HKJA says verdict shows serious backsliding in Hong Kong press freedom
《立場新聞》兩位前總編輯鍾沛權和林紹桐，今日被判串謀發布煽動刊物罪名成立。記協發聲明，指案件明確反映香港新聞自由衰落。在裁決前，立場案亦已對香港新聞業界造成不可逆轉的傷害。
The two former chief editors of Stand News, Chung Pui-kuen and Lam Siu-tong, were found guilty today of conspiracy to publish seditious publications. In a statement, the Hong Kong Journalists Association said the case clearly reflected the decline of press freedom in Hong Kong. It said the Stand News case had already caused irreversible harm to Hong Kong’s journalism industry before the verdict.
28 Aug 2024法庭線#3961
Mitigation in 47-person case: New Territories West’s Leung Kwok-hung and Ricky Yiu Lam Or | All 10 complete submissions
47 名民主派被控「串謀顛覆國家政權」罪一案，參選新西的認罪 8 人偕同參與新東初選、經審訊後定罪的梁國雄、柯耀林，周二完成 7 人求情（見另稿），餘下的吳敏兒、譚凱邦及柯耀林（28 日）周三早上亦完成求情（重點見內文表）。
吳敏兒一方指，吳至被捕才知自己涉違法，對此感震驚，而她日後會脫離政治；其大狀指若本案量刑起點過高，他日嚴重案件難有判刑空間。譚凱邦一方稱，前天文台台長林超英為譚撰求情信，表揚譚為環保出力；又指譚未來無意接觸政治，甚至不再提倡環保議題。
柯耀林的代表大狀稱，認為柯屬於「其他參加」，即使被歸類成「積極參加者」，亦屬當中較低一方。不過法官質疑辯方指柯的參與程度比其他人低的說法。
In the case involving 47 democrats charged with “conspiracy to subvert state power”, eight New Territories West candidates who pleaded guilty, together with Leung Kwok-hung and Ricky Yiu Lam Or, who took part in the New Territories East primary election and were convicted after trial, completed mitigation submissions for seven defendants on Tuesday (see separate report). The remaining defendants, Ng Man-yee, Roy Hoi Pong Tam and Ricky Yiu Lam Or (on the 28th), also completed their mitigation submissions on Wednesday morning (key points are set out in the table in the main text).
Ng Man-yee’s counsel said she only learned that she was suspected of breaking the law when she was arrested, and was shocked. She would leave politics in future. Her barrister said that if the starting point for sentencing in this case was set too high, there would be little room to impose sentences in more serious cases in future. Roy Hoi Pong Tam’s counsel said former Observatory director Lam Chiu-ying had written a mitigation letter for Tam, praising Tam’s efforts on environmental protection. Counsel also said Tam had no intention of engaging in politics in future, and might even stop advocating environmental issues.
The barrister representing Ricky Yiu Lam Or said Ko belonged to the category of “other participants”; even if classified as an “active participant”, Ko would be at the lower end of that category. However, the judge questioned the defence’s claim that Ko’s level of participation was lower than that of the others.
28 Aug 2024法庭線#3962
Mitigation in 47-person case: New Territories West, Leung Kwok-hung and Ricky Yiu Lam Or | Former domestic helper of Yin Siu-kin: “I will stay here until he is released”
47 名民主派被控「串謀顛覆國家政權」罪一案，參與新西初選的認罪 8 人，偕同參與新東初選、經審訊後定罪的梁國雄、柯耀林，周三（28 日）續求情，處理吳敏兒、譚凱邦及柯耀林求情。
照顧尹兆堅一家近 16 年的家傭，周三亦到場旁聽，她表示尹是好僱主，會為她解決問題，又指尹被捕後，自己有旁聽案件及探望對方。她指，當想念尹一家人時，會翻看電話內的合照，「直到他出獄前，我會一直留在這裡。」
前職工盟主席黃迺元形容，吳敏兒勇敢、堅韌，「喺逆境入面仍然能夠保持信念，係好難得嘅事，我自問望塵莫及」。柯耀林的「學員」則提及，上周探望時感到他「冇咁積極、憂鬱咗少少」，又認為柯的知名度比較低，「好似少啲人會留意佢，希望佢都知道有人撐住佢。」
In the case involving 47 pro-democracy figures charged with “conspiracy to subvert state power”, the eight defendants who pleaded guilty after taking part in the New Territories West primary election, together with Leung Kwok-hung and Ricky Yiu Lam Or, who took part in the New Territories East primary election and were convicted after trial, continued making mitigation submissions on Wednesday (28th). The hearing dealt with the mitigation submissions of Ng Man-yee, Roy Hoi Pong Tam and Ricky Yiu Lam Or.
The domestic helper who cared for Yin Siu-kin’s family for nearly 16 years also attended the hearing on Wednesday. She said Yin was a good employer who would help resolve her problems, and that after Yin was arrested, she attended the hearings and visited him. She said that when she missed Yin and his family, she would look at their photos on her phone: “I will stay here until he is released.”
Joe Wong, former chairperson of the Hong Kong Confederation of Trade Unions, described Ng Man-yee as brave and resilient: “To be able to maintain one’s beliefs while in adversity is a very rare thing. I consider myself far behind her.” A “student” of Ricky Yiu Lam Or said that when visiting last week, they felt he was “not as active and a little more depressed”, and also believed that Ko’s profile was relatively low: “It seems that fewer people pay attention to him. I hope he also knows that people are supporting him.”
28 Aug 2024法庭線#3965
Hong Kong Alliance incitement-to-subversion case to open on 6 May 2025, with 75 days set aside; Chow Hang-tung seeks clarification of “illegal means”
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，周三（28 日）於高等法院進行第三次案件管理會議，並定於明年 5 月 6 日開審，預留 75 天審期。
明年 2 月 20 日進行審前覆核。鄒幸彤申請海外證人以視像作供，將於今年 10 月 28 日開庭處理，涉及廿三條立法生效的《刑事訴訟程序條例》第 79I 條爭議，條例列明，國安案不得傳召海外證人。
庭上透露，鄒幸彤要求控方釐清控罪詳情，指明支聯會煽動以何「非法手段」顛覆國家，控方早前回覆指，涵蓋「任何以非法手段旨在顛覆國家嘅行為，而任何顛覆國家行為都係非法」，指毋須涉及武力。法官則指示控方，在兩周內釐清「非法手段」即甚麼類型的罪行。
The case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chairpersons Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung are charged with “incitement to subversion of state power” was heard at the High Court on Wednesday (28th) for its third case management hearing. The trial was scheduled to begin on 6 May next year, with 75 days set aside for the hearing.
A pre-trial review will take place on 20 February next year. Chow Hang-tung has applied for overseas witnesses to testify by video link, and the application will be dealt with in court on 28 October this year. It concerns a dispute over Section 79I of the Criminal Procedure Ordinance, which took effect with the Article 23 legislation. The provision states that overseas witnesses may not be called in national security cases.
The court heard that Chow Hang-tung had asked the prosecution to clarify the details of the charge, including what “illegal means” the Hong Kong Alliance was alleged to have used to subvert the state. The prosecution previously replied that this covered “any act intended to subvert the state by illegal means, and any act of subverting the state is illegal”, and said that the offence did not have to involve force. The judge directed the prosecution to clarify within two weeks what types of offences “illegal means” referred to.
27 Aug 2024法庭線#3953
47-Person Case Mitigation: New Territories West Leung Kwok-hung Ricky Yiu Lam Or | Seven Complete Submissions; Ng Kin-wai Confirms to Judge He Has No Remorse
47 名民主派被控「串謀顛覆國家政權」罪一案，參選新西的認罪 8 人，偕同參與新東初選、經審訊後定罪的梁國雄、柯耀林，周二（27 日）起進行求情，梁國雄、朱凱廸、張可森、黃子悅、伍健偉、尹兆堅、郭家麒已完成陳詞；周三將處理吳敏兒、譚凱邦及柯耀林求情。
伍健偉自行陳詞指「35+」初選是「陽光底下進行、眾所周知」，而「五大訴求」是合情合理、沒被裁定違法，認為政府「是不為也」。他回答法官時確認自己沒悔意，指作為政治人物，期許自己有承擔，他不後悔，選擇留港是兌現承諾，「同香港人齊上齊落」。
張可森親撰求情信指有深刻反省，不應藉審議預算案危害國安，望未來照顧高堂、愛妻育兒。梁國雄在陳情書指，議員兩次行使否決權是民意依歸，對成為階下囚「毋怨」。黃子悅撰信指參選是望為失去盼望者帶來改變，對父母家人感愧疚。
郭家麒獲前高官、立法會議員撰寫求情信，指他和平、非暴力，會捍衛弱勢權利；尹兆堅則指日後望到國際 NGO 世界中央廚房工作，他亦獲 3 名前高官撰求情信。案件周三續。
In the case involving 47 pro-democracy figures charged with “conspiracy to subvert state power”, eight who pleaded guilty after standing in the New Territories West primary, together with Leung Kwok-hung and Ho Sum Cheung, who participated in the New Territories East primary and were convicted after trial, began mitigation submissions on Tuesday (the 27th). Leung Kwok-hung, Chu Hoi-dick, Ho Sum Cheung, Prince Wong Ji-yuet, Ng Kin-wai, Au Nok-hin and Kwok Ka-ki have completed their submissions. The mitigation submissions of Ng Man-yee, Roy Hoi Pong Tam and Ricky Yiu Lam Or will be dealt with on Wednesday.
Ng Kin-wai made his own submission, saying the “35+” primary was conducted “in broad daylight and was well known to all”, while the “five demands” were reasonable and had not been ruled unlawful. He considered that the government “did not do so” despite being able to. In response to the judge, he confirmed that he had no remorse, saying that as a politician he expected himself to shoulder responsibility and did not regret his actions. He said choosing to remain in Hong Kong was to fulfil his promise to “stand and fall together with Hong Kong people”.
Ho Sum Cheung wrote a mitigation letter personally, saying he had deeply reflected and should not have endangered national security through the scrutiny of the budget, and hoping to care for his elderly parents, wife and children in the future. In his letter of representation, Leung Kwok-hung said legislators’ exercise of their veto twice reflected the will of the people, and that he had “no complaint” about becoming a prisoner. Prince Wong Ji-yuet wrote that he had run for election in the hope of bringing change to those who had lost hope, and expressed guilt towards his parents and family.
Kwok Ka-ki received mitigation letters from former senior officials and Legislative Council members, saying that he was peaceful and non-violent and would defend the rights of the underprivileged. Au Nok-hin said he hoped to work for the international NGO World Central Kitchen in the future; he also received mitigation letters from three former senior officials. The case continues on Wednesday.
27 Aug 2024法庭線#3955
47-person case | Prince Wong Ji-yuet’s mitigation letter: Running in election was intended to bring change to those who had lost hope; deeply remorseful at being unable to repay her parents
參選新界西、選擇認罪的黃子悅，正因理大衝突的暴動案服刑，其代表大狀潘志明在庭上簡述她親撰求情信的內容。《法庭線》取得黃子悅求情信的部分內容，她提及成長於基督教家庭，自小參加教會，形塑對助人和公義的價值觀，始終相信生命關乎愛和善，她絕非完美的人，但至少所做的事、所追求的，「也是竭力實踐這些信念，而非以二元價值來掠奪、鬥爭和仇恨」。
她又說，參與初選是希望為那些受了傷失去盼望的人帶來正面改變，當時亦相信並不違法，「我沒有想過以政治為職業，而只是單純想為所愛的地方略盡綿力」。她亦指，對錯過家人的重要時刻，未能報答父母養育之恩，總是讓對方擔心深感愧疚。
Prince Wong Ji-yuet, who ran in New Territories West and chose to plead guilty, is serving a sentence for a riot case arising from the Polytechnic University clashes. Her barrister, Zhi Ming Pan, summarised the contents of a mitigation letter she wrote herself in court. The Courtline obtained part of Prince Wong Ji-yuet’s letter, in which she said she had grown up in a Christian family and attended church from a young age, shaping her values of helping others and justice. She said she had always believed that life was about love and kindness. She was by no means a perfect person, but at least what she did and pursued involved “striving to put these beliefs into practice, rather than plundering, struggling and hating through a binary value system”.
She also said she took part in the primary election in the hope of bringing positive change to those who had been hurt and lost hope. At the time, she also believed that it was not illegal. “I had never thought of making politics my career; I simply wanted to make a modest contribution to the place I loved.” She said she always felt deeply remorseful about missing important moments in her family’s life and being unable to repay her parents for raising her, causing them concern.
27 Aug 2024法庭線#3956
47-person case | Leung Kwok-hung in plea letter: Lawmakers’ two vetoes reflected the public will; “I have become a prisoner, but I have no regrets”
參與新東初選、經審訊後被裁定罪成的梁國雄，其代表資深大狀潘熙周二（27 日）早上完成求情陳詞。社民連其後發布梁的陳情書，梁指參與治運動和社會抗爭近 50 年，一直秉持改變社會不公，爭取民主自由、實現社會主義的理念，從沒放棄。
法官引社民連的「決議文」為證據，指該黨改變立場，成為裁定梁罪成的理由。梁在陳情書亦引同一文章內容，「我們不必寄望議會過半就能翻天覆地，亦不要因未能過半而感到灰心絕望」，無論是「35+」還是「35-」，最重要是持續弘揚抗爭不息的精神，爭取香港人最大的動員，共同改變不公不義的社會現狀。
梁續指，當初認為否決預算案屬《基本法》早已訂明的憲制權力，又指行政長官面臨下台的憲制危機，「必須經歷兩次立法會選舉的民意授權，缺一不可！」，而議員兩次行使否決權是民意依歸，「只是彰顯 200 萬遊行市民民意，順從 60 萬初選投票者民願」。
梁最後指，「權力歸於人民」是他終生信守的理念、從政的基礎，更是《中國憲法》對人民的莊嚴承諾，指「今天我雖然成為階下囚，但我毋怨。」
Leung Kwok-hung, who took part in the New Territories East primary and was convicted after trial, completed his mitigation submissions through his representative, Senior Counsel Hectar Hei Pun, on Tuesday morning (27). The League of Social Democrats subsequently released Leung’s plea letter. He said he had participated in political movements and social struggles for nearly 50 years, consistently upholding the ideals of changing social injustices, pursuing democracy and freedom, and realising socialism, and had never given up.
The judge cited the League of Social Democrats’ “resolution” as evidence, saying the party’s change of position was a reason for convicting Leung. In his plea letter, Leung also quoted the same article: “We need not expect that holding a majority in the legislature will turn everything upside down, nor should we feel discouraged and despair because we failed to secure a majority.” Whether it was “35+” or “35-”, he said, the most important thing was to continue promoting the spirit of unceasing resistance, seek the greatest mobilisation of Hong Kong people, and jointly change the unjust state of society.
Leung continued that he had initially believed rejecting the budget was a constitutional power expressly provided for by the Basic Law. He also said that the constitutional crisis in which the Chief Executive faced stepping down “must go through the mandate of public opinion from two Legislative Council elections; neither can be omitted!” The lawmakers’ two exercises of veto power followed the public will, he said, “simply manifesting the will of the 2 million people who marched and complying with the wishes of the 600,000 primary voters.”
Leung said in conclusion that “power belongs to the people” was the principle he had upheld throughout his life and the foundation of his political career, as well as the solemn promise made to the people by the Constitution of China. He said: “Although I have become a prisoner today, I have no regrets.”
27 Aug 2024法庭線#3957
47-person case | Ng Kin-wai personally makes plea in mitigation, saying he stayed in Hong Kong to honour his promise to Hongkongers; confirms he has no regrets when answering judge
參與新西初選、選擇認罪的伍健偉沒有律師代表，他親自陳情，期間不時望筆記，而張可森、黃子悅、譚凱邦、郭家麒亦數度望向伍。
伍提及參與「35+」的其中一個原因，是不希望有人受傷、被捕，甚至再有人犧牲生命，他選擇參與「35+」因為手段是和平、理性、非暴力。伍又稱，「五大訴求」合情合理，沒有被法庭裁定違法，「我哋唔係追求緊一個虛無飄渺，海市蜃樓嘅願望」，訴求對政府而言是「是不為也」，而非「不能為也」，法官陳慶偉打斷。
法官李運騰問及，伍是否沒有悔意？伍答「無錯」，指作為政治人物，期許自己要有承擔，竭盡所能，留守到最後一刻，「所以我並唔後悔，我選擇留喺香港，我需要兌現我莊嚴嘅承諾，同香港人齊上齊落」。
Ng Kin-wai, who took part in the New Territories West primary and chose to plead guilty, had no legal representation and made his own plea in mitigation. He looked at his notes from time to time, while Ho Sum Cheung, Prince Wong Ji-yuet, Roy Hoi Pong Tam and Kwok Ka-ki also looked towards Ng several times.
Ng said one of his reasons for taking part in the “35+” was that he did not want anyone to be injured or arrested, or for anyone else to sacrifice their life. He chose to take part because the means were peaceful, rational and non-violent. Ng also said the “five demands” were reasonable and had not been ruled unlawful by the court. “We are not pursuing some empty, illusory wish, a mirage,” he said, adding that the demands were a matter of “not doing it”, rather than “being unable to do it”, for the government. Judge Andrew Hing Wai Chan interrupted him.
Judge Li Yun-teng asked whether Ng had no regrets. Ng answered, “That’s right,” saying that as a political figure, he expected himself to take responsibility and do everything he could, remaining until the very last moment. “So I don’t regret it. I chose to stay in Hong Kong. I need to honour my solemn promise and stand together with Hongkongers through thick and thin,” he said.
Translations are supplied by the source workbook. Consult the original reporting for context.
