1 Feb 2021眾新聞#1215
[Lai Chee-ying Bail Case] DOJ Stresses Importance of National Security Law; Article 23 Applies Before Enactment, Final Court of Appeal Challenges Interpretation as Tantamount to No Bail
終審法院開庭審理律政司就黎智英獲准保釋提出的上訴，處理國安法第42(2)條下保釋的詮釋及門檻。律政司指高院法官在唐英傑案錯誤理解國安法保釋規定，即除非法官有「充足理由」相信被告不會繼續實施危害國家安全行為的，不得準予保釋，法官亦需要考慮被告會否繼續干犯「危害國家安全行為」，並不限於國安法或香港特區現有法律。
The Court of Final Appeal began hearing the Secretary for Justice’s appeal against Lai Chee-ying being granted bail, concerning the interpretation and threshold for bail under Article 42(2) of the National Security Law. The Department of Justice said the High Court judge in the Tong Ying-kit case had misinterpreted the National Security Law’s bail provisions: unless a judge has “sufficient grounds” to believe that the defendant will not continue to commit acts endangering national security, bail must not be granted. The judge must also consider whether the defendant will continue to commit “acts endangering national security”, not only acts covered by the National Security Law or existing laws of the Hong Kong Special Administrative Region.
31 Jan 2021眾新聞#1213
Four Days Before Jimmy Lai Hearing, Carrie Lam Met Privately with Chief Justice Andrew Cheung
《眾新聞》指特首林鄭月娥在終審法院處理黎智英違國安法保釋聆訊4天前、司法機構公布主審法官名單1天後，與終審法院首席法官兼黎智英保釋聆訊法官之一張舉能單獨會面。司法機構回覆傳媒查詢時未有否認二人會面，但強調基於司法獨立原則，二人不會討論個別要在法庭審理的案件。
Citizen News reported that then-Chief Executive Carrie Lam met privately with Chief Justice of the Court of Final Appeal Andrew Cheung four days before the Court of Final Appeal handled Jimmy Lai’s bail hearing over alleged violations of the National Security Law, and one day after the Judiciary announced the list of presiding judges. In response to media enquiries, the Judiciary did not deny that the two had met, but stressed that, based on the principle of judicial independence, they would not discuss individual cases due to be heard in court.
28 Jan 2021獨立媒體#1208
Koo Sze-yiu Convicted of Insulting National Flag for 10th Time, Jailed for 4 Months; Tells Court: ‘If Circumstances Permit, I Will Deliberately Violate the National Security Law’
社運人士古思堯被判去年7月侮辱國旗罪成，即時入獄4個月。
Social activist Koo Sze-yiu was convicted of insulting the national flag last July and immediately sentenced to four months in prison.
27 Jan 2021眾新聞#1204
Jimmy Lai’s National Security Law Bail Case Unusually Heard Without an Overseas Non-Permanent Judge
黎智英被控勾結外國勢力違反國安法，終審法院直至審訊前五日才公布2月1日由5名本地法官處理律政司正審上訴，亦即國安法首次正審便無海外非常任法官參與。終審法院在2月1日的聆訊期間，將處理《國安法》第42(2)條批出保釋的正確詮釋，並預計視乎正審決定，高等法院是否重新開庭處理黎智英的保釋申請。
Jimmy Lai is charged with colluding with foreign forces in violation of the National Security Law. The Court of Final Appeal announced only five days before the hearing that five local judges would hear the Secretary for Justice’s substantive appeal on February 1, meaning that the first substantive hearing under the National Security Law would proceed without the participation of an overseas non-permanent judge. During the February 1 hearing, the Court of Final Appeal will address the proper interpretation of Section 42(2) of the National Security Law in granting bail. Depending on the outcome of the substantive appeal, it is expected to decide whether the High Court will reopen the hearing of Jimmy Lai’s bail application.
26 Jan 2021立場新聞#1200
Alleged Case of Taking Another Person’s Phone to Delete Protest Photos: Hui Chi-fung Absent from Hearing and Arrest Warrant Issued
民主黨前立法會議員許智峯及林卓廷與另外二人，被控 2019 年 7 月 6 日在屯門警署外意圖妨礙司法公正及不誠實使用電腦等罪，於區域法院再提堂。法官在控方要求下，向已流亡的許智峯發出拘捕令。控方申請押後案件至今年 3 月 23 日再訊獲批，期間三名被告獲准繼續保釋。
Former Democratic Party Legislative Council members Hui Chi-fung and Lam Cheuk-ting, along with two others, were charged with offences including intending to pervert the course of justice and dishonest use of a computer over an incident outside Tuen Mun Police Station on 6 July 2019. The case was brought before the District Court again. At the prosecution’s request, the judge issued an arrest warrant for Hui, who is in exile. The prosecution’s application to adjourn the case to 23 March this year was granted, while the three other defendants were allowed to remain on bail.
26 Jan 2021立場新聞#1202
[Primary Election Mass Arrests] Owen Chow and Ventus Lau Say Police Obtained Their Bank Records Without Consent; Reuters: At Least Six Arrestees Involved, Including HSBC, Citibank and Standard Chartered
《路透社》引述銀行高層消息，指警方過去大半年要求銀行提供財務紀錄。據報道，至少6名因民主派初選被捕人士表示，警方在未得到他們同意下取得他們部分銀行交易紀錄，當中涉及花旗、匯豐、恆生等銀行。被捕人士之一鄒家成證實，被捕當日警方取出一疊紀錄，詢問每筆金額來源。
Reuters, citing senior banking sources, reported that police had asked banks to provide financial records over the past six-plus months. According to the report, at least six people arrested over the pro-democracy primary election said police obtained some of their bank transaction records without their consent, involving banks including Citibank, HSBC and Hang Seng Bank. One of those arrested, Owen Chow, confirmed that on the day of his arrest, police produced a bundle of records and asked about the source of each amount.
21 Jan 2021獨立媒體#1188
Koo Sze-yiu charged with insulting the national flag for 10th time; criticises Chinese Communist Party dictatorship in defence: “Continue to be imprisoned, continue civil disobedience”
社運人士古思堯去年7月涉於西九龍裁判法院大樓外，舉起一面倒掛並寫有「白色恐怖」、「法西斯恐怖」等字眼的中國國旗。他早前否認一項侮辱國旗罪，案件於西九龍裁判法院開審。裁判官裁定表面證供成立，案件押後至明早裁決。
Social activist Koo Sze-yiu allegedly held up an upside-down Chinese national flag bearing the words “White Terror” and “Fascist Terror” outside the West Kowloon Magistrates’ Courts building last July. He earlier pleaded not guilty to one count of insulting the national flag, and the case opened at West Kowloon Magistrates’ Courts. The magistrate ruled that a prima facie case had been established and adjourned the case until tomorrow morning for a verdict.
21 Jan 2021立場新聞#1190
26-year-old man alleged to be “SUCK Channel” administrator to face 18 additional charges
控方申請將案件轉交區域法院審理，並透露將加控18條控罪，即SUCK Channel擁有人將共面臨25條控罪。案件押後至3月4日再訊，被告繼續還押。
The prosecution applied to transfer the case to the District Court for trial and disclosed that 18 charges would be added, meaning the owner of SUCK Channel would face a total of 25 charges. The case was adjourned until 4 March for mention, and the defendant was remanded in custody.
20 Jan 2021RTHK#1185
Au Nok-hin Appeals Against Assaulting Police Convictions; High Court Upholds Two Convictions
立法會前議員區諾軒因2019年7月在油麻地用「大聲公」敲打警盾及「大聲公」聲浪過高，導致在場的一名警司耳部不適，去年被裁定兩項襲警罪成，判處140小時社會服務令。高等法院駁回他就此案的上訴，維持原判。
Former Legislative Council member Au Nok-hin was convicted last year on two counts of assaulting police after using a loudhailer to strike a police shield in Yau Ma Tei in July 2019 and turning the loudhailer volume up too high, causing ear discomfort to a superintendent at the scene. He was sentenced to 140 hours of community service. The High Court dismissed his appeal and upheld the original ruling.
20 Jan 2021立場新聞#1186
UK politicians criticise lead prosecutor in Jimmy Lai case; DOJ says David Perry raised concerns over “pressure” and decides to replace him
律政司聘用英國御用大律師 David Perry 任主控，負責檢控2019年 8 月 壹傳媒創辦人黎智英、民主黨創黨主席李柱銘等人被控維園非法集結案，惹來英國官員及社會輿論批評。律政司發表聲明指， David Perry 關注有關「壓力」及目前豁免強制檢疫的安排，指出審訊在沒有他的情況下應如期進行，律政司故決定委聘另一名律師。
The Department of Justice hired British Queen’s Counsel David Perry as lead prosecutor in the case involving Next Digital founder Jimmy Lai, Democratic Party founding chairman Martin Lee and others, who were charged with unlawful assembly in Victoria Park in August 2019. The appointment drew criticism from British officials and public opinion. The Department of Justice said in a statement that David Perry had raised concerns about the “pressure” involved and the current arrangements exempting him from mandatory quarantine. It said the trial should proceed as scheduled without him, and therefore decided to appoint another barrister.
Translations are supplied by the source workbook. Consult the original reporting for context.
