10 Jul 2024獨媒#3798
Quick Bui jailed for 40 months for publishing seditious words; High Court appeal dismissed, leave granted to appeal to Court of Final Appeal
人民力量前副主席譚得志「快必」，被指2020年1至7月期間在不同街站叫喊「光時」、「黑警死全家」等口號，被裁定「發表煽動文字」等11項罪成，共判囚3年4個月。譚就定罪及刑期提出上訴，今年3月遭高等法院駁回。譚再申請上訴至終審法院，今（10日）獲上訴庭批出許可。法官同意申請方提出的議題屬重要的法律觀點，亦接受本案之外還有其他同類案件，故判決結果不僅影響本案。
Tam Tak-chi, also known as “Quick Bui” and former vice-chairman of People Power, was convicted of 11 charges, including publishing seditious words, over slogans such as “Liberate Hong Kong, revolution of our times” and “black cops, may your whole families die”, which he was accused of shouting at various street stations between January and July 2020. He was sentenced to three years and four months in prison. Tam appealed against his convictions and sentence, but the appeal was dismissed by the High Court in March this year. He then applied for leave to appeal to the Court of Final Appeal and was granted leave by the appellate court today (the 10th). The judges agreed that the issues raised by the applicant involved important points of law and accepted that there were other similar cases, meaning the outcome would affect more than just this case.
10 Jul 2024法庭線#3803
47-defendant case: Kowloon West, super-district and Health Services defendants make mitigation pleas; several write their own letters
47 名民主派被控「串謀顛覆國家政權」罪一案，參選九西、超區及衞服 9 人周三（10日）求情。毛孟靜、何啟明、馮達浚、黃碧雲、劉澤鋒、岑敖暉的代表大狀完成陳詞，餘下王百羽、岑子杰、余慧明周四續。
毛一方指並非組織者，官質疑戴耀廷曾就初選合法性諮詢她。何一方指他被捕後仍跟進主教山被拆一事，未來擬教會事奉，不會從政。前高官張炳良為黃碧雲撰求情信，形容為「對抗性政治」受害者。劉一方則指，未來擬進修輔導及運動治療等服務長者。
庭上有 4 人由代表大狀引述親撰的求情信，毛指盼可與丈夫共度「餘下時間」；馮為自己曾在選舉論壇上，對泛民主派參選人口出狂言而致歉。王感激家人對他不離不棄，望「早日回家擁抱家人」，期間王以紙巾拭淚。岑則提及其一些政治參與的理念「並不是表面上那麼光采」；又指對妻愛意未減、盼出獄廝守。
Nine defendants who stood in Kowloon West, the super-district and the Health Services constituency in the case involving 47 democrats charged with conspiracy to subvert state power made mitigation submissions on Wednesday (the 10th). Counsel for Mo Man-ching, Ho Kai-ming, Fung Tat Chun Frankie, Wong Pik-wan, Nathan Lau Chak Fung and Shum Ngau-hoi completed their submissions. Wong Pak-yu, Cheng Tsz-kit and Winnie Yu will continue on Thursday.
Mo’s counsel said she was not an organiser, while the judge questioned whether Benny Tai had consulted her about the legality of the primary. Ho’s counsel said he had continued following up on the demolition of Bishop Hill after his arrest, and that he planned to serve in the church in future and would not enter politics. Former senior government official Anthony Cheung wrote a mitigation letter for Wong Pik-wan, describing her as a victim of “confrontational politics”. Lau’s counsel said he planned to pursue further studies in services including counselling and sports therapy for elderly people.
In court, counsel quoted self-written mitigation letters from four defendants. Mo said she hoped to spend her “remaining time” with her husband. Fung apologised for making arrogant remarks during an election forum against candidates from the pan-democratic camp. Wong thanked his family for never abandoning him and said he hoped to “return home and embrace my family soon”; he wiped away tears with a tissue during the hearing. Cheng mentioned that the principles behind some of his political participation “were not as glamorous as they appeared on the surface”, and said his love for his wife had not diminished and he hoped to stay with her after being released.
10 Jul 2024法庭線#3804
First sedition appeal case: Tam Tak-chi granted certificate to appeal to Court of Final Appeal; application to be handled on August 14
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「發表煽動文字」等 11 罪成，判囚 40 個月，已完成服刑。譚不服定罪及刑罰提上訴，均被上訴庭駁回。
譚得志早前就定罪申請上訴至終審法院證明書，上訴庭周三（10 日）頒判詞指，本案控罪是《維護國安條例》下新煽動罪的前身，涉重大而廣泛重要的法律觀點，值得終院作出裁決，因此批准申請。
終院網站顯示，將於 8 月 14 日處理申請終極上訴許可的聆訊，法官「容後通知」（To be confirmed）。
Tam Tak-chi, former vice-chairman of People Power, known as “Fast Beat”, was convicted of 11 offences, including publishing seditious words, over remarks including “black cops die with their families” and “Liberate Hong Kong” made while running a street booth in 2020. He was sentenced to 40 months’ imprisonment and has completed his sentence. His appeals against his convictions and sentence were dismissed by the Court of Appeal. Earlier, Tam applied for a certificate to appeal against his convictions to the Court of Final Appeal. In a judgment issued by the Court of Appeal on Wednesday (10th), the court said the charges in the case were predecessors to the new sedition offence under the Safeguarding National Security Ordinance and involved legal points of great and general importance that warranted determination by the Court of Final Appeal. The application was therefore approved. The Court of Final Appeal website shows that a hearing to deal with the application for leave to make a final appeal will be held on August 14, with the judge listed as “To be confirmed”.
8 Jul 2024法庭線#3792
47-person case mitigation | Kowloon East: Wu Chi-wai receives letters from former senior officials; Lam Tak-chi cites another case in bid for reduced sentence; Sze Tak-lai says social-work dream shattered
47 名民主派被控「串謀顛覆國家政權」罪一案，參選九東區 6 人，黃之鋒、譚文豪、李嘉達上周五完成陳詞（見另稿），餘下 3 人譚得志、胡志偉、施德來，亦在周一（8 日）完成陳詞，押後至周三再開庭，將處理九西、超區及衞服界 9 名罪成被告的求情。
胡志偉一方指，胡屬於「積極參與」者，沒組織涉案謀劃，只是「和應」和參與，並獲前運房局長張炳良、前運房局副局長邱誠武及前勞福局長羅致光 3 人撰寫求情信，指胡溫和、實際，會以大眾和社會的福祉為優先。
譚得志一方則指，譚屬「積極參與」者，同樣沒組織、策劃。辯方說，譚正閱讀《懺悔錄》，並有悔意。法官陳仲衡打趣笑說，他都要「懺悔」，指曾經嘗試讀完但不成功；法官李運騰稱他都是，指自己只讀過首個章節。另施德來一方稱，社工註冊條例修訂上周通過後， 禁止干犯國安罪行者任職社工，指施想成為社工服務大眾的希望已消逝。
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, six stood in the Kowloon East constituency. Wong Chi-fung, Lam Chun-ho and Lee Ka-tat completed their submissions last Friday (see separate report). The remaining three—Lam Tak-chi, Wu Chi-wai and Sze Tak-lai—also completed their submissions on Monday (the 8th). The case was adjourned until Wednesday, when the court will handle mitigation submissions from nine convicted defendants from Kowloon West, the super district council constituency and the Health Services sector.
Wu Chi-wai’s side said he was an “active participant” who did not organise the alleged plot, but merely acted in concert and participated. Former Secretary for Transport and Housing Anthony Cheung Bing-leung, former Under Secretary for Transport and Housing Shing Mu Yau and former Secretary for Labour and Welfare Law Chi-kwong each wrote a mitigation letter, describing Wu as mild-mannered and practical and saying that he would prioritise the well-being of the public and society.
Lam Tak-chi’s side said he was also an “active participant” who did not organise or plan. The defence said Lam was reading The Confessions and had shown remorse. Judge Chan Chung-hang jokingly said that he too needed to “repent”, noting that he had tried to finish reading it but had not succeeded. Judge Lee Yuen-tung said the same applied to him, saying he had read only the first chapter. Sze Tak-lai’s side said that, following the passage of amendments to the Social Workers Registration Ordinance last week, people who commit national security offences are barred from working as social workers, adding that Sze’s hope of becoming a social worker and serving the public had disappeared.
5 Jul 2024法庭線#3778
47-person case mitigation | Kowloon East: Judge concerned Joshua Wong did not write mitigation letter; Au Nok-hin hopes to reunite with family soon
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（5 日）開始九東 6 人求情陳詞。黃之鋒一方求情時指，他於本案中為「積極參與者」，另同意案黃曾向外國求助，但重申本案與本地相關。官關注黃沒撰求情信，黃的大狀指是其個人選擇，但獲指示指會在服刑後放下過去。
譚文豪一方陳詞時稱，譚在 2020 年 6 至 7 月仍就任立法會議員，為撥款盡早通過、便利民生，遂協調議員投票，可見譚沒有無差別否決，但被官質疑。另指譚望早日與家人團聚，亦及早認罪，自願向警方錄口供，足見其悔意。案件下午續。
Mitigation submissions began on Friday (the 5th) for six of the 47 pro-democracy defendants charged with conspiracy to subvert state power, in the Kowloon East group. In Joshua Wong’s mitigation submissions, his counsel said that he was an “active participant” in the case and accepted that Wong had sought help from foreign countries, while reiterating that the case was related to Hong Kong. The judge noted that Wong had not written a mitigation letter. Wong’s senior counsel said this was his personal choice, but told the court that Wong had instructed that he would put the past behind him after serving his sentence.
In submissions on behalf of Au Nok-hin, counsel said Au was still a Legislative Council member from June to July 2020 and had coordinated legislators’ votes to ensure funding was passed as soon as possible and facilitate people’s livelihoods. This indicated that Au had not indiscriminately vetoed motions, but the judge questioned the point. Counsel also said Au hoped to reunite with his family soon and had pleaded guilty at an early stage and voluntarily given a statement to police, demonstrating his remorse. The case continues in the afternoon.
5 Jul 2024法庭線#3779
47-case mitigation hearing · Kowloon East | Former comrades queue to attend, saying Wu Chi-wai is strong and “sees imprisonment as training”
47 名民主派被控「串謀顛覆國家政權」罪，參與九東初選 6 人，包括認罪的黃之鋒、譚文豪、李嘉達、譚得志、胡志偉，以及經審訊被裁定罪成的施德來，周五（5 日）在西九龍裁判法院展開首日求情，料需時 2 天。
有人凌晨已到庭外排隊，65 歲的陳先生指，2012 年「反國教行動」時開始留意黃之鋒，形容「呢個小朋友真係好犀利」，盼入正庭見他一面。譚文豪友人則指，3 年來沒見過譚，「佢係我個 role model 嚟，我會喺生活遇到挫折嘅時候，就會諗人哋喺入面都頂住，你同我頂住呀咁樣」。
被告昔日同事亦有到場，前觀塘區議會主席蔡澤鴻表示，被告或因「23 條」失去三分一減刑感失落，但他們「唔會喊苦喊忽，人生呢幾年都經歷咗好多嘢，咁我諗佢哋最大嘅經歷就係不可預期」。前區議員張茂清則形容，胡志偉十分堅強，「佢好似視入去嗰段時間係一個 training（鍛煉）」。
The 47 democrats charged with conspiracy to subvert state power included six participants in the Kowloon East primary—Joshua Wong, Jeremy Tam, Lee Ka-tat, Tam Tak-chi and Wu Chi-wai, who pleaded guilty, and Shih Tak-lai, who was convicted after trial. Their mitigation hearing began on Friday (the 5th) at the West Kowloon Magistrates’ Courts and is expected to take two days.
Some people queued outside the court from the early hours. Mr Chan, 65, said he had begun following Joshua Wong during the 2012 anti-national education campaign, describing him as “a really impressive young man” and hoping to see him in the courtroom. A friend of Jeremy Tam said he had not seen Tam for three years, adding: “He’s my role model. When I encounter setbacks in life, I think that people inside are holding on too, so you and I hold on together.”
The defendants’ former colleagues also attended. Former Kwun Tong District Council chairman Chak Hung Choy said the defendants might feel disappointed at losing the one-third sentence reduction because of “Article 23”, but that they “wouldn’t complain or whine. They’ve experienced a lot over these years, and I think the biggest experience for them is the unforeseeable.” Former district councillor Mau Ching Cheung described Wu Chi-wai as very strong, saying he “seems to regard that period inside as a training [exercise].”
5 Jul 2024法庭線#3785
Lai Chee-ying alleges National Security Commission acted beyond powers over Tim Owen visa; Court of Appeal refuses certificate for final appeal
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲高等法院批准，聘用英國御用大狀 Tim Owen 來港抗辯。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英 2023 年入稟司法覆核，挑戰國安委建議入境處拒絕向 Tim Owen 批出簽證，指國安委越權，被高院駁回許可申請，黎再申請上訴許可亦被駁回。黎早前申請上訴至終審法院，上訴庭周五（5 日）頒判詞拒絕申請﹐重申國安委決定不受司法覆核挑戰。
根據法例，擬上訴人可向上訴庭申請上訴至終院的證明書，而假若上訴庭拒發，仍可直接向終院上訴委員會，一併申請證明書及上訴許可。
Next Digital founder Jimmy Lai Chee-ying was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to defend him. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress interpreted the National Security Law, stating that before a court approved the hiring of an overseas lawyer in a national security case, it should first obtain a certificate issued by the Chief Executive.
In 2023, Lai filed for judicial review, challenging the National Security Commission’s recommendation that the Immigration Department refuse to grant Tim Owen a visa, and alleging that the commission had acted beyond its powers. The High Court rejected his application for leave, and Lai’s subsequent application for leave to appeal was also rejected. Lai earlier applied to appeal to the Court of Final Appeal. On Friday (the 5th), the Court of Appeal issued its judgment refusing the application and reaffirming that decisions of the National Security Commission are not open to challenge by judicial review.
Under the law, a proposed appellant may apply to the Court of Appeal for a certificate to appeal to the Court of Final Appeal. If the Court of Appeal refuses to issue one, the applicant may still apply directly to the Court of Final Appeal’s Appeal Committee for both a certificate and leave to appeal.
5 Jul 2024法庭線#3786
Chow Hang-tung’s Recusal Application in Hong Kong Alliance Subversion Case Rejected; 3 Judges ‘Fully Confident’ Fair Trial Possible
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，鄒幸彤指審理支聯會拒交資料上訴案的法官黎婉姬，曾閱讀不向辯方披露的控方「公眾利益豁免權」（PII）文件，申請「換官」。高院原訟庭周五（5 日）駁回鄒的申請。
判詞反駁鄒幸彤，指法官曾參與涉及某方的案件、作出不利於某方的裁決，「並不足以成為尋求（法官）迴避的充分理由」；又指兩案控罪不同，「看不到前案的證據，事實裁斷或定罪與本案有什麼關聯」，而黎在該案的裁斷，亦不涉及鄒的可信性或可靠性。
判詞又指，若然黎官參與本案審訊，自然會提醒自己在審案時謹慎，將 PII 材料拋諸腦後，不被影響。3 官最後指，「都對於申請人及同案其他被告人能夠獲得公平審訊有十足的信心」。
Chow Hang-tung, former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, applied for the recusal of Judge Anna Yuen Kee Lai, who had read the prosecution’s “public interest immunity” (PII) documents that were not disclosed to the defence while hearing the Alliance’s appeal against its refusal to provide information. The High Court’s Court of First Instance rejected Chow’s application on Friday (the 5th). The case concerns charges of “incitement to subversion of state power” against the Alliance and its former chairmen and vice-chairmen Lee Cheuk-yan, Albert Ho and Chow Hang-tung.
4 Jul 2024法庭線#3776
47-Defendant Case | Six East Kowloon defendants to make mitigation submissions on Friday; Joshua Wong proposed countering CCP, Wu Chi-wai said to have committed to the plot
47 名民主派被控「串謀顛覆國家政權」罪一案，第三批罪成被告、初選時參選九東區的 6 人，將於周五（5 日）處理求情，料需時 2 天。《法庭線》翻查裁決理據判詞、庭上證供及承認案情，整理他們被指控的罪責與角色。
據案情，6 名被告提交初選表格時，均附上「共同綱領」，提及「會積極運用基本法賦予立法會的權力，包括否決財政預算案」；而只有胡志偉沒有簽署〈墨落無悔〉，但案情指他受訪時指民主黨會受共識約束，是「對謀劃作出承諾」。
黃之鋒曾發文章，提及連結選舉戰線和國際戰線反制中共；譚文豪曾公開稱若特首不回應「五大訴求」，公民黨將「否決晒所有法案、所有嘅撥款」。譚得志曾稱兩次否決預算案，「癱瘓個政府」。李嘉達則曾將抗爭帶入立法會。
至於經審訊被裁定罪成的施德來，曾公開承諾兩度否決預算案，法官指他脫離民協過往的價值。
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, six defendants in the third group to be convicted, who ran in the East Kowloon primary election, will make mitigation submissions on Friday (the 5th). The process is expected to take two days. The Witness reviewed the judgments setting out the reasons for the verdicts, evidence given in court and the agreed facts, and compiled the alleged culpability and roles of the defendants.
According to the case facts, all six defendants attached a “joint manifesto” when submitting their primary-election forms. It referred to “actively using the powers conferred on the Legislative Council by the Basic Law, including vetoing the budget”. Wu Chi-wai was the only one who did not sign “No Regrets After Casting the Ballot”, but the case facts said that in an interview he stated that the Democratic Party would be bound by consensus, which constituted “a commitment to the plot”.
Joshua Wong had published an article referring to linking the electoral front with the international front to counter the Chinese Communist Party. Jeremy Tam had publicly said that if the Chief Executive did not respond to the “five demands”, the Civic Party would “veto all bills and all funding”. Tam Tak-chi had said that vetoing the budget twice would “paralyse the government”. Lee Ka-wai had brought the protests into the Legislative Council.
Sze Tak-loy, who was convicted after trial, had publicly pledged to veto the budget twice. The judge said that he had departed from the Association for Democracy and People's Livelihood's past values.
3 Jul 2024法庭線#3768
47-case mitigation · Hong Kong Island | Dozens queue to attend; Leung Wong-wai’s friend: When I want to give up, I think of him
47 名民主派被控「串謀顛覆國家政權」罪，初選時參選港島區的 6 人，袁嘉蔚、梁晃維、徐子見、鄭達鴻及楊雪盈完成求情陳詞，周三（3 日）將由彭卓棋一方陳詞。早上旁聽人龍較昨日減少，有人用排隊時間寫信。
有梁晃維的朋友稱，雖然得知他已完成求情，但仍想「搏一搏」在法庭內望見他，更一度哽咽稱，「佢講嘅嘢真係好打動到我，我覺得佢喺咁困難嘅環境，都會想鼓勵香港人」。
他又稱，「可能呢幾年身邊有好多人一路抽離，變到好唔理時事」，而自己想放棄的時候，「我會諗起佢…然後我唔可以耷落去啦，同埋真係好 proud of 佢」。
Of the 47 pro-democracy figures charged with conspiracy to subvert state power, five of the six people who stood in the Hong Kong Island constituency in the primary—Yuen Ka-wai, Leung Wong-wai, Tsui Tsz-kin, Cheng Tat-hung and Yeung Suet-ying—have completed their mitigation submissions. On Wednesday (the 3rd), the Michael Cheuk Kei Pang side will make submissions. The queue to attend the hearing was shorter this morning than yesterday, and some people used their time in the queue to write letters.
A friend of Leung Wong-wai said that although he knew Leung had completed his mitigation submissions, he still wanted to “try his luck” and catch a glimpse of him in court. He became choked up at one point and said, “What he says really moves me. I think that even in such a difficult environment, he still wants to encourage Hong Kong people.”
He also said, “Maybe over the past few years, many people around us have gradually withdrawn and become very unconcerned about current affairs.” When he himself wanted to give up, he said, “I think of him… and then I can’t let myself sink, and I’m really so proud of him.”
Translations are supplied by the source workbook. Consult the original reporting for context.
