30 May 2024香港人權資訊中心#3602
Response to Verdict: National Security Takes Precedence Over Civic Rights; Broad Definition Creates Chilling Effect
民主派 2020 年組織「35+初選」，47 名組織者和參加者於 2021 年被控串謀顛覆國家政權。香港法庭今日裁定，該案 16 名不認罪被告中 14 人罪成。香港人權資訊中心對此表示失望及遺憾，是次判決顯示法庭將國家安全凌駕於公民權利，包括公民參與選舉及公共事務的權利。
The pro-democracy camp organised the “35+ primary election” in 2020, and 47 organisers and participants were charged in 2021 with conspiracy to subvert state power. A Hong Kong court today found 14 of the 16 defendants who pleaded not guilty guilty. The Hong Kong Human Rights Information Centre expressed disappointment and regret, saying the verdict showed that the court had placed national security above civic rights, including the right to participate in elections and public affairs.
30 May 2024法庭線#3605
47-case verdict reasons｜Dai Yaoting the main driving force; three parties changed stance, indiscriminate veto to force a response clearly breached the Basic Law
47 人案周四（30 日）在西九龍裁判法院裁決，16 名不認罪被告之中，僅劉偉聰、李予信無罪，成為《國安法》後首兩名無罪被告；何桂藍、梁國雄等其餘 14 人全部罪成。
法官裁定，戴耀廷「的確是 35+ 計劃的大腦及主要推手」，又指公民黨最初猶豫，後來立場轉變並於 3 月的記招提出如政府不回應「五大訴求」，將否決每個法案，故裁定串謀協議最早於 2020 年 3 月形成；而民主黨、社民連，亦於其後改變立場。
在長達 337 頁的判詞中，有逾 40 頁處理法律爭議，就顛覆罪中的「非法手段」，官詮釋時引人大「說明」及「決定」，指不限於涉武力，亦不限於刑事罪行。判詞又指，無差別否決預算案，以迫使政府回應「五大訴求」，無疑違反《基本法》規定。
The 47-case verdict was delivered at the West Kowloon Magistrates’ Courts on Thursday (30th). Of the 16 defendants who pleaded not guilty, only Lawrence Wai Chung Lau and Yue Shun Lee were acquitted, becoming the first two defendants acquitted since the National Security Law came into force; the remaining 14, including Ho Kwai-lam and Leung Kwok-hung, were all convicted.
The judge ruled that Dai Yaoting “was indeed the brains and main driving force behind the 35+ plan”. The judge also said that the Civic Party was initially hesitant but later changed its stance and stated at a press conference in March that it would veto every bill if the government did not respond to the “five demands”. The judge therefore ruled that the conspiracy agreement was formed as early as March 2020. The Democratic Party and League of Social Democrats also changed their stances subsequently.
In the 337-page judgment, more than 40 pages addressed legal disputes. On the “illegal means” element of the offence of subversion, the judge referred to the National People’s Congress’s “explanation” and “decision”, and said that it was not limited to acts involving force or to criminal offences. The judgment also said that indiscriminately vetoing the budget in order to force the government to respond to the “five demands” unquestionably violated the provisions of the Basic Law.
29 May 2024法庭線#3589
Jimmy Lai case: Day 86 of trial｜Lai said on his programme he was not concerned about his personal safety: “I am 72, I don’t care what happened to me”
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（29 日）在西九龍裁判法院（暫代高等法院）展開第 86 日審訊，庭上繼續播放黎受訪的完整片段。
黎受訪時形容，《國安法》無疑會剝奪香港的法治及自由，實施《國安法》後新聞媒體將無法再營運，不論發表甚麼內容，政權都可以指控內容屬煽動、顛覆，隨時檢控。
被問及有否擔心個人身安全，黎指已不顧慮自身安全，只著重於如何繼續抗爭。如果擔心自身安全，便會顧慮自己的言行，又指「我已經 72 歲，我不在意在我身上發生的事了（I am 72, I don’t care what happened to me)」。案件下周一（3 日）續審。
Next Media founder Jimmy Lai and three companies related to Apple Daily are charged with offences including conspiracy to collude with a foreign country or with external elements. The case entered its 86th day of trial on Wednesday (29th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, where complete clips of Lai being interviewed continued to be played.
During the interview, Lai said the National Security Law would undoubtedly deprive Hong Kong of the rule of law and freedoms. After its implementation, news media would no longer be able to operate, as the authorities could accuse any content of being seditious or subversive and prosecute at any time.
Asked whether he was concerned about his personal safety, Lai said he was no longer concerned about his own safety and was focused only on how to continue his struggle. He said that if he were worried about his safety, he would take his words and actions into consideration, adding: “I am 72, I don’t care what happened to me.” The trial will resume next Monday (3rd).
28 May 2024法庭線#3582
Day 85 of Jimmy Lai trial｜Lai says Hong Kong could become Xinjiang or “even worse” if people do not protest
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，案件周二（28 日）在西九龍裁判法院（暫代高等法院）展開第 85 日審訊。庭上繼續播放黎受訪及「Live Chat with Jimmy Lai」完整片段。
黎在節目中被問及，香港即將變成「一國一制」，尚餘甚麼價值。黎認為，現時香港在教育及傳媒自由等方面均大受打擊，「一國一制係要嚟」，但強調不代表「我哋要袖手畀佢⋯ 我哋一定要站喺度保住法治自由」。黎另被問，認為香港會否被同化成中國的城市。黎則指，港人相信西方價值觀，如成功散播到內地，將比回教等宗教價值更危險。若港人不持續抗爭，「我哋係變成新疆，或者比新疆更大鑊」。案件周三（29 日）續審。
Media tycoon Jimmy Lai and three companies linked to Apple Daily are charged with, among other offences, conspiracy to collude with foreign forces. The case entered its 85th day of trial on Tuesday (28th) at the West Kowloon Magistrates’ Courts, temporarily serving as the High Court. The court continued playing complete clips of Lai’s interviews and the programme “Live Chat with Jimmy Lai”.
Asked on the programme what values Hong Kong would have left as it was about to become “one country, one system”, Lai said Hong Kong had come under severe attack in areas including education and press freedom. He said “one country, one system is coming”, but stressed that this did not mean “we should sit idly by and let it happen ... We must stand up to preserve the rule of law and freedom”. Asked whether he believed Hong Kong would be assimilated into a Chinese city, Lai said Hongkongers believed in Western values and that, if successfully spread to the mainland, they would be more dangerous than Islamic and other religious values. If Hongkongers did not continue their resistance, “we will become Xinjiang, or be in even worse trouble than Xinjiang”. The trial will continue on Wednesday (29th).
28 May 2024法庭線#3585
47-case | Three focuses for Thursday’s ruling: convictions, defendants’ roles, and whether DOJ will immediately indicate an intended appeal
47 名民主派被控「串謀顛覆國家政權」罪一案，16 人不認罪。3 名《國安法》指定法官，將於本周四（30 日）在高院（移師至西九龍裁判法院）裁決。
裁決焦點落在 16 人是否罪名成立；而若果有人罪成，在顛覆罪的三級罰則下，法官對被告參與程度的裁斷，或將影響量刑。此外，政府去年修例後，律政司在由指定法官審理的原訟庭國安案，可緊接無罪裁決後即時提出擬上訴，由法官處理無罪被告的還押或保釋。
本案 16 名不認罪被告，分別為吳政亨、鄭達鴻、楊雪盈、彭卓棋、何啟明、劉偉聰、黃碧雲、施德來、何桂藍、陳志全、鄒家成、林卓廷、梁國雄、柯耀林、李予信及余慧明（背景見內文表）。
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, 16 defendants pleaded not guilty. The three designated National Security Law judges will deliver their ruling on Thursday (30th) at the High Court, which has been relocated to the West Kowloon Magistrates’ Courts.
The ruling will focus on whether the 16 defendants are guilty. If any are convicted, the judges’ assessment of their degree of participation in the subversion offence may affect sentencing under its three-tier penalty regime. In addition, following amendments made by the Government last year, the Department of Justice may, in a national security case heard in the Court of First Instance by designated judges, immediately indicate an intended appeal after an acquittal, with the judge then dealing with the acquitted defendant’s remand or bail.
The 16 defendants who pleaded not guilty are Ng Ching-hang, Cheng Tat-hung, Yeung Suet-ying, Michael Cheuk Kei Pang, Ho Kai-ming, Lawrence Wai Chung Lau, 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, Yue Shun Lee and Yu Wai-ming. (See the table in the main text for background.)
27 May 2024法庭線#3579
Day 84 of Jimmy Lai trial | Lai talks with Chris Patten on his programme, says must continue fighting for rule of law and freedom, but there is no room under the National Security Law
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（27 日）在西九龍裁判法院（暫代高等法院）展開第 84 日審訊。庭上繼續播放黎訪談節目「Live Chat with Jimmy Lai」完整片段。
其中一集節目嘉賓為前港督彭定康，他指應該阻止中國改變外國價值觀，若想達到此目的，就要繼續為那些在香港勇敢的人挺身而出。黎回應「我們必須為法治和自由繼續戰鬥」，但在《國安法》下，他認為已沒空間這樣做，並擔心世界會忘記香港。彭定康則指不會，還有很多人，包括他自己在努力。案件周二（28 日）續審。
The trial of Media tycoon Jimmy Lai and three companies linked to Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, entered its 84th day on Monday (27) at the West Kowloon Magistrates’ Courts, temporarily sitting as the High Court. The court continued to play the full clips of Lai’s interview programme, “Live Chat with Jimmy Lai”.
In one episode, the guest was former Hong Kong governor Chris Patten. He said China should be stopped from changing foreign values and that, to achieve this, people must continue to stand up for those in Hong Kong who are brave. Lai responded: “We must continue to fight for the rule of law and freedom,” but said he believed there was no room to do so under the National Security Law and feared that the world would forget Hong Kong. Patten said it would not, adding that many people, including himself, were working to prevent that. The trial continues on Tuesday (28).
26 May 2024法庭線#3577
47 Democrats Case Overview | Prosecution Cites “Ink Without Regrets” Statement, Forum and Press Conference Remarks: How Did the Defence Seek to Prove Innocence?
47 案將於本周四（30 日）裁決。《法庭線》由〈墨落無悔〉聲明、協調會議文件至抗爭派記者會，梳理控方如何構建案情，指控各被告參與顛覆謀劃；而 16 名被告（當中 10 人選擇作供）各自如何辯解及透過不同證據力證無罪。
16 名不認罪被告分別為鄭達鴻、李予信、黃碧雲、林卓廷、何啟明、施德來、陳志全、梁國雄、柯耀林、吳政亨、劉偉聰、楊雪盈、彭卓棋、何桂藍、鄒家成、余慧明；他們的個人案情整合已全部刊出。
The 47 Democrats case will be decided this Thursday (30th). The Stand News has traced the prosecution’s construction of its case—from the “Ink Without Regrets” statement and coordination-meeting documents to press conferences held by the protest camp—and its allegations that the defendants took part in a plot to subvert state power. It also examines how each of the 16 defendants (10 of whom chose to testify) presented their defence and sought to prove their innocence through different evidence.
The 16 defendants who pleaded not guilty are Cheng Tat-hung, Yue Shun Lee, Wong Pik-wan, Lam Cheuk-ting, Ho Kai-ming, Sze Tak-lai, Chan Chi-chiu, Leung Kwok-hung, Ricky Yiu Lam Or, Ng Ching-hang, Lawrence Wai Chung Lau, Yang Suet-ying, Michael Cheuk Kei Pang, Ho Kwai-lam, Shum Ka-shing and Yu Wai-ming. Individual case overviews for all of them have been published.
24 May 2024法庭線#3570
Day 83 of Jimmy Lai case: Lai said on programme that Choy Yuk Ling, Bao was arrested, showing regime’s intimidation of media
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，案件周五（24 日）在西九龍裁判法院（暫代高等法院）展開第 83 日審訊。庭上繼續播放黎受訪及「Live Chat with Jimmy Lai」完整片段。
黎在節目中提及《鏗鏘集》前編導蔡玉玲，因查冊車牌被捕一事。黎認為政權想向新聞工作者表達，「只要不是為我工作，你便會惹上麻煩」。他又指，從蔡玉玲被捕可見，越微小的事情被針對，當中的恫嚇越大，認為當局找藉口拘捕傳媒、教師及公務員，向社會發送威嚇信息。案件下周一（27 日）續審。
The trial of Next Digital founder Jimmy Lai and three companies linked to Apple Daily, who are charged with offences including “conspiracy to collude with a foreign country or external forces”, entered its 83rd day on Friday (24th) at the West Kowloon Magistrates’ Courts, temporarily acting as the High Court. The court continued playing the complete footage of Lai’s interviews and “Live Chat with Jimmy Lai”.
During the programme, Lai mentioned Choy Yuk Ling, Bao, a former director of RTHK’s “Hong Kong Connection”, who was arrested for searching vehicle registration records. Lai said he believed the regime wanted to convey to journalists that “as long as you are not working for me, you will get yourself into trouble”. He also said Choy Yuk Ling, Bao’s arrest showed that the smaller the matter being targeted, the greater the intimidation involved. He believed the authorities were finding excuses to arrest media workers, teachers and civil servants, sending a threatening message to society. The trial will continue next Monday (27th).
23 May 2024法庭線#3567
Day 82 of Jimmy Lai trial｜Lai says he admired Joseph Zen for seeking audience with Pope over next bishop, asks about forming an underground church
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，案件周四（23 日）在西九龍裁判法院（暫代高等法院）展開第 82 日審訊。庭上繼續播放黎受訪及「Live Chat with Jimmy Lai」完整片段。
黎在節目與天主教香港教區榮休主教陳日君樞機討論下任香港主教，陳日君提到就下任香港主教一事，曾赴羅馬求見教宗被拒。黎稱陳日君知道不會有結果，仍努力嘗試，對他非常敬佩。黎又問陳，「如果香港教會面臨成為中國那樣的愛國教會壓力，你會開始成立地下教會嗎？」，陳回答，地下教會不可能有領袖，強調「我們應該一起建立」。案件周五（24 日）續審。
The trial of Next Digital founder Jimmy Lai and three companies related to Apple Daily, who are charged with offences including “conspiracy to collude with a foreign country or with external elements”, entered its 82nd day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Thursday (23rd). The court continued playing complete clips of Lai’s interviews and “Live Chat with Jimmy Lai”.
During the programme, Lai discussed the next bishop of the Catholic Diocese of Hong Kong with Cardinal Joseph Zen, the diocese’s emeritus bishop. Zen said that he had gone to Rome to seek an audience with the Pope over the matter of the next bishop of Hong Kong but was refused. Lai said Zen knew there would be no result but still made the effort, and that he greatly admired him. Lai also asked Zen, “If the Hong Kong Church faced pressure to become a patriotic church like those in China, would you start establishing an underground church?” Zen replied that an underground church could not have a leader, stressing, “We should build it together.” The trial will continue on Friday (24th).
22 May 2024法庭線#3566
Jimmy Lai trial day 81 | Apple Daily promotional video played in court; Lai says he has a duty to the public and wants to “preserve this voice for the public”
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（22 日）在西九龍裁判法院（暫代高等法院）展開第 81 日審訊，庭上續播放黎訪談節目及「Live Chat with Jimmy Lai」完整片段。
在《蘋果》於 2020 年的宣傳片中，黎提及「根據《國安法》做傳媒，差唔多冇得做」，著員工「睇住你哋自己安全、你哋自己良知，社會責任」工作。黎又認為自己對市民有責任，不論如何都會嘗試「留低市民呢把聲」。黎又感謝市民支持，指不會後悔，「一個人去到最後，為咗活著嘅一個意義，做啱咗嘢，你就覺得有意義嘅時候呢，你就唔會後悔」。審訊周四（23 日）續。
Media tycoon Jimmy Lai and three companies associated with Apple Daily are charged with offences including “conspiracy to collude with a foreign country or with external elements”. The case entered its 81st day of trial on Wednesday (22nd) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with the court continuing to play clips from Lai’s interview programmes and the complete “Live Chat with Jimmy Lai” programme.
In a 2020 Apple Daily promotional video, Lai said that “doing media under the National Security Law is almost impossible”. He told staff to work while looking after “your own safety, your own conscience and social responsibility”. Lai also said he had a responsibility to the public and would try, whatever happened, to “preserve this voice for the public”. He thanked the public for its support and said he had no regrets: “When a person reaches the end, for the meaning of being alive, if you have done the right thing, when you feel it is meaningful, you will not regret it.” The trial will continue on Thursday (23rd).
Translations are supplied by the source workbook. Consult the original reporting for context.
