4 Jun 2024法庭線#3644
Jimmy Lai Case: 89th Day of Trial — Clips and Recordings Played in Court; Mid-Trial Submissions Expected to Be Heard on July 9
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（5 日）在西九龍裁判法院（暫代高等法院）展開第 88 日審訊。控方播放由黎向前《蘋果》副社長陳沛敏發送的語音紀錄。錄音顯示，黎與其他員工商討《蘋果》英文版的內容，黎指《蘋果》的內容要與《南華早報》不同，要「做返真實新聞」，發掘更多中國維權新聞，亦要報道香港專題等。
播畢片段後，控方透露，只有首被告黎智英擬作中段陳詞，蘋果另外 3 間公司被告不會參與。法官杜麗冰押後案件至下周二（ 11 日）續審，處理證物翻譯文本，另訂於 7 月 9 日聽取雙方口頭中段陳詞。
Media tycoon Jimmy Lai and three companies linked to Apple Daily, the newspaper he founded, are charged with offences including conspiracy to collude with foreign forces. The case entered its 88th day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Wednesday (the 5th). The prosecution played voice recordings sent by Lai to former Apple Daily deputy editor-in-chief Chan Pui-man. The recordings showed Lai discussing the content of the English edition of Apple Daily with other staff. Lai said Apple Daily’s content should differ from that of the South China Morning Post, that it should “do real news,” explore more news about Chinese rights defenders, and report on Hong Kong features and other topics.
After the clips were played, the prosecution disclosed that only the first defendant, Lai, intended to make mid-trial submissions, while the three company defendants would not participate. Judge Esther Toh adjourned the case until next Tuesday (the 11th) for the handling of translated texts of exhibits, and set July 9 for hearing the parties’ oral mid-trial submissions.
3 Jun 2024法庭線#3627
Chow Hang-tung and six others accused of contravening new sedition offence; police arrest another 62-year-old man, reportedly Chow’s maternal uncle
警方國安處周一（3 日），再就鄒幸彤等人涉違新煽動罪一案，在沙田拘捕一名 62 歲男子，指他涉嫌違反新煽動罪。據悉，該男子為鄒幸彤的舅父，於周一早上被捕。
警方又指，「如任何被捕人被發現違反『行動限制令』的任何規定或條件」，經定罪可判監禁一年。《法庭線》向警方查詢，是否向所有被捕人發出「行動限制令」、是否經法庭批准，以及限制令的內容；警方回覆指沒有補充。
翻查《維護國安條例》，裁判官可應警方單方面申請，批出「行動限制令」，指示獲保釋人須遵從指明規定或條件，例如不得在指明期間內，進入特定地區或地方，或與指明人士聯繫等，有效期為 3 個月。
The Police National Security Department arrested another 62-year-old man in Sha Tin on Monday (the 3rd) in connection with the case involving Chow Hang-tung and others allegedly contravening the new sedition offence. The man, reportedly Chow’s maternal uncle, was arrested on Monday morning.
Police also said that “if any arrested person is found to have breached any provision or condition of a ‘movement restriction order’”, a conviction may result in imprisonment for one year. The Witness asked police whether ‘movement restriction orders’ had been issued to all those arrested, whether they had been approved by a court, and what the orders contained. Police replied that they had nothing to add.
A review of the Safeguarding National Security Ordinance shows that a magistrate may, upon a unilateral application by police, grant a ‘movement restriction order’ directing a person released on bail to comply with specified requirements or conditions, such as not entering a specified area or place, or contacting a specified person, during a specified period. The order is valid for three months.
3 Jun 2024法庭線#3630
Jimmy Lai case, day 87: Defence says Lai is unwell; judge adjourns hearing
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，案件周一（3 日）在西九龍裁判法院（暫代高等法院）展開第 87 日審訊，原料控方繼續播放黎受訪的完整片段。
甫開庭，辯方資深大律師彭耀鴻指，黎智英身體發抖、感不適。法官杜麗冰問，黎有否看醫生？彭指，黎昨晚已看醫生及獲處方止痛藥。杜麗冰再問，黎需否進一步檢查？控方指會與警方及懲教商討安排。法官暫時押至周二（4 日）續審。
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are facing charges including conspiracy to collude with foreign forces. The case resumed on Monday (3rd) at the West Kowloon Magistrates’ Courts, sitting as the High Court, for the 87th day of trial. The prosecution was expected to continue playing the full footage of interviews with Lai.
At the start of the hearing, senior defence counsel Robert Yiu Hung Pang said that Lai was trembling and feeling unwell. Judge Esther Toh asked whether Lai had seen a doctor. Pang said Lai had seen a doctor the previous night and had been prescribed painkillers. Toh then asked whether Lai needed further examinations. The prosecution said it would discuss the arrangements with the police and the Correctional Services Department. The judge adjourned the hearing until Tuesday (4th).
31 May 2024集誌社#3608
47-person case: US Congress urges sanctions on judges and closure of economic and trade offices; HKSAR Government dismisses calls with contempt
47 人案，其中 14 人昨（30日）被裁定罪成，劉偉聰、李予信獲判無罪，但律政司提出上訴，案件引起國際社會關注。除澳洲外交部部長黃英賢、歐盟發聲明表關注；英國外交部亦促港府釋放遭起訴者，美國會則促拜登政府制裁涉政治檢控的法官和檢控官、關閉港駐美經貿辦。
政務司長陳國基今（31日）早回應指，西方國家用民主自由作幌子，「毒害」青年人和學生，故要辦愛國主義教育，提醒年青人不要受騙。特區政府 24 時小時內兩發聲明，今下午以逾 1500 字聲明，「強烈譴責」和「反對」西方國家等失實言論和污衊抹黑，又指「所謂制裁，全屬卑劣政治操作」，特區對此「嗤之以鼻，無懼任何威嚇」。
In the 47-person case, 14 defendants were found guilty yesterday (30th), while Lawrence Wai Chung Lau and Yue Shun Lee were acquitted. The Department of Justice has filed an appeal. The case has drawn international attention. Australia’s Foreign Minister Penny Wong and the European Union issued statements expressing concern, while the UK Foreign Office urged the Hong Kong Government to release those charged. The US Congress urged the Biden administration to sanction judges and prosecutors involved in political prosecutions and close the Hong Kong Economic and Trade Offices in the United States.
Chief Secretary Chan Kwok-ki said this morning (31st) that Western countries use democracy and freedom as a pretext to “poison” young people and students, making patriotic education necessary and reminding young people not to be deceived. The HKSAR Government issued two statements within 24 hours. In a statement of more than 1,500 Chinese characters issued this afternoon, it “strongly condemned” and “opposed” what it called inaccurate statements, smears and vilification by Western countries and others. It also said that the “so-called sanctions are all despicable political manoeuvres” and that the HKSAR “dismisses them with contempt and is not afraid of any threats.”
30 May 2024法庭線#3594
47-case verdict: 14 convicted, mitigation hearings to begin June 25; Yue Shun Lee and Lawrence Wai Chung Lau acquitted, prosecution plans appeal and they must remain on bail
47 名民主派被控「串謀顛覆國家政權」罪，16 名被告不認罪，案件周四（30 日）在西九龍裁判法院（暫代高院）裁決。16 名不認罪被告之中，僅劉偉聰、李予信獲裁定無罪，成為《國安法》後首兩名無罪被告；其餘 14 人則全部被裁定罪成。
刑事檢控專員楊美琪緊接裁決指，有意引《刑事訴訟程序條例》提上訴，要求無罪被告維持原有條件保釋。法官終下令兩人繼續擔保，警署報到次數則可減至每月一次。
法官暫定本案於 6 月 25 日起求情，14 名罪成被告須還押。散庭時，施德來雙眼發紅及揮手，陳志全向旁聽席做心心手勢，梁國雄、鄒家成、何啟明等亦有揮手。
政府傍晚發稿，行政長官李家超指案中 47 人被起訴，45 人被定罪，顯示有關犯罪計劃的規模和嚴重性。他又指，律政司已就 2 名無罪被告表明上訴意向，特區政府會全力防範、制止和懲治危害國安的行為和活動，履行「天經地義」的責任。
The 47 pro-democracy defendants were charged with conspiracy to subvert state power. The 16 defendants who pleaded not guilty appeared for judgment on Thursday (30th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Only Lawrence Wai Chung Lau and Yue Shun Lee were acquitted, becoming the first two defendants acquitted under the National Security Law; the remaining 14 were all convicted.
Immediately after the verdict, Director of Public Prosecutions Mi Ki Yeung said the prosecution intended to appeal under the Criminal Procedure Ordinance and requested that the acquitted defendants remain on bail under the existing conditions. The judge ultimately ordered that both continue on bail, while reducing their police reporting requirement to once a month.
The judge provisionally scheduled mitigation hearings to begin on June 25. The 14 convicted defendants were remanded in custody. At the end of the hearing, Sze Tak-lai’s eyes were red and he waved; Chan Chi-chuen made a heart gesture towards the public gallery; and Leung Kwok-hung, Zou Ka-shing and Ho Kai-ming also waved.
In a statement issued in the evening, Chief Executive John Lee Ka-chiu said that 47 people had been prosecuted and 45 convicted in the case, demonstrating the scale and seriousness of the relevant criminal plan. He also said the Department of Justice had indicated its intention to appeal against the acquittals of the two defendants, and that the HKSAR Government would fully prevent, stop and punish acts and activities endangering national security, fulfilling its “self-evident” responsibility.
30 May 2024集誌社#3595
47-Person Case Verdict | EU: Further Erosion of Hong Kong Freedoms; Foreign Ministry: Firmly Opposes Interference in China’s Internal Affairs
47 人案中 14 人被裁定罪成，劉偉聰、李予信獲判無罪但律政司提出上訴，案件引起國際社會關注。澳洲外交部部長黃英賢今發聲明，表示對裁決深表關注，尤其案件涉及澳藉罪成被告吳政亨；歐盟則指判決標誌香港的民主和自由受進一步侵蝕。中國外交部回應西方評論稱，堅決反對借有關個案干涉中國內政、抹黑和破壞香港法治；保安局長鄧炳強指感激各部門和人士無畏無懼、秉持專業維護國家安全，形容法庭、律政司、執法人員「係我哋香港嘅驕傲」。
In the 47-person case, 14 people were found guilty. Lawrence Wai Chung Lau and Yue Shun Lee were acquitted, but the Department of Justice has lodged an appeal, prompting international concern. Australian Foreign Minister Penny Wong issued a statement today expressing deep concern over the verdict, particularly as it involved Australian citizen Wu Chi-hang, who was convicted. The European Union said the verdict marked a further erosion of democracy and freedoms in Hong Kong. Responding to Western comments, China’s Foreign Ministry said it firmly opposed using the case to interfere in China’s internal affairs, smear China and undermine the rule of law in Hong Kong. Secretary for Security Chris Tang said he was grateful to all departments and individuals who had fearlessly upheld national security with professionalism, describing the courts, the Department of Justice and law enforcement officers as “the pride of Hong Kong.”
30 May 2024法庭線#3596
47-Person Case Verdict Quick Read | 2 Acquitted, 14 Convicted: Grounds for 16 Defendants’ Verdicts
47 人案周四（30 日）早上在西九龍裁判法院裁決，16 名不認罪被告之中，僅劉偉聰、李予信獲定無罪，成為《國安法》後首兩名無罪被告；其餘 14 人則全部被裁定罪成。《法庭線》根據判詞內容，逐一整理法官就 16 名被告的裁決理據。
全部被告已上載：劉偉聰、李予信、吳政亨、鄭達鴻、楊雪盈、彭卓棋、何啟明、黃碧雲、施德來、何桂藍、陳志全、鄒家成、林卓廷、梁國雄、柯耀林、余慧明
The 47-person case was adjudicated at the West Kowloon Magistrates’ Courts on Thursday morning (the 30th). Of the 16 defendants who had pleaded not guilty, only Lawrence Wai Chung Lau and Yue Shun Lee were acquitted, becoming the first two defendants acquitted since the enactment of the National Security Law; the remaining 14 were all convicted. Based on the judgment, The Witness compiled the judges’ grounds for the verdicts concerning each of the 16 defendants.
All defendants: Lawrence Wai Chung Lau, Yue Shun Lee, Ng Jing-hang, Cheng Tat-hung, Yeung Suet-ying, Michael Cheuk Kei Pang, Ho Kai-ming, Wong Pik-wan, Sze Tak-lai, Ho Kwai-lam, Chan Chi-chuen, Chow Ka-shing, Lam Cheuk-ting, Leung Kwok-hung, Ricky Yiu Lam Or, Yu Wai-ming
30 May 2024Channel C#3597
Eight including James To and Kwong Chun-yu in same case not yet charged; National Security Department chief superintendent Steve Li: Investigation ongoing, travel documents will not be returned until it is completed
47人被指組織民主派初選串謀顛覆國家政權，16名不認罪被告今日（5月30日）於西九龍裁判法院裁決，14人被裁定罪名成立，其餘兩名被告劉偉聰及李予信罪名不成立。國安處總警司李桂華回應指，表示歡迎法庭今次裁決，雖然有2名被告暫時脫罪，但從判詞可見法庭認為今次事件嚴重，認為裁決是對他們當頭棒喝。
針對案件中仍有被捕的民主黨涂謹申、鄺俊宇等８人暫未被起訴，李桂華表示，案件仍然調查當中，不會發還他們的旅遊證件直至調查完成。
Forty-seven people were accused of organising a pro-democracy primary and conspiring to subvert state power. The 16 defendants who pleaded not guilty appeared today (May 30) for judgment at the West Kowloon Magistrates’ Courts. Fourteen were found guilty, while the remaining two defendants Lawrence Wai Chung Lau and Yue Shun Lee were found not guilty. National Security Department Chief Superintendent Steve Li Kwai-wah said he welcomed the court’s ruling. Although two defendants had been acquitted for now, the reasons for judgment showed that the court considered the incident serious, and he said the ruling served as a wake-up call to them. Regarding the eight people still arrested in the case, including Democratic Party members James To Kun-sun and Kwong Chun-yu, who have not yet been charged, Li said the investigation was still ongoing and their travel documents would not be returned until it was completed.
30 May 2024集誌社#3598
47-Person Case Verdict｜First Acquittals in a National Security Case; Chief Superintendent Li Kwai-wah: 45 Convicted, Investigation Quality “Quite High”
47人案今日（30日）裁決，16名不認罪被告中，有14人被裁定罪成，李予信、劉偉聰二人罪名不成立。今次是首度有國安案被告脫罪，而兩名被告劉偉聰和李予信脫罪後，仍受保釋條件限制。國安處總警司李桂華回應指，案件有 45 人罪成，「我覺得，我哋調查質素相當之高。」至於無罪仍需保釋，李桂華指，《刑事控訴程序條例》容許這樣做。
The 47-person case was handed down its verdict today (30th). Of the 16 defendants who pleaded not guilty, 14 were convicted, while Yue Shun Lee and Lawrence Wai Chung Lau were found not guilty. This is the first time defendants in a national security case have been acquitted. After their acquittal, Lawrence Wai Chung Lau and Yue Shun Lee remain subject to bail conditions. Li Kwai-wah, chief superintendent of the National Security Department, said that 45 people had been convicted: “I think the quality of our investigation was quite high.” Regarding the requirement for those acquitted to remain on bail, Li said the Criminal Procedure Ordinance allows this.
30 May 2024Yahoo#3599
John Lee: Punishing acts endangering national security is entirely justified; Chris Tang: Betraying Hong Kong people is vicious
47 名民主派被控「串謀顛覆國家政權」罪， 16 名不認罪被告今早（30 日）有 14 人被裁定罪成，劉偉聰、李予信獲判無罪後律政司提上訴。政府下午發稿，行政長官李家超重申，政府有責任維護國家安全，「全力防範、制止和懲治危害國家安全的行為和活動，履行這天經地義的責任。」
Forty-seven pro-democracy figures were charged with conspiracy to subvert state power. Of the 16 defendants who pleaded not guilty, 14 were found guilty this morning (30th). Lawrence Wai Chung Lau and Yue Shun Lee were acquitted, after which the Department of Justice filed an appeal. The government issued a statement in the afternoon. Chief Executive John Lee reiterated that the government had a responsibility to safeguard national security, saying it would “make every effort to prevent, suppress and punish acts and activities endangering national security, fulfilling this entirely justified responsibility.”
Translations are supplied by the source workbook. Consult the original reporting for context.
