28 Feb 2024Channel C#3058
Jimmy Lai case | Public gallery packed, but some observers close their eyes and wear headphones; Judiciary says reminders have been issued in various ways
黎智英案昨日（27日）進入第33日聆訊，公眾席仍每天爆滿，惟記者昨於庭內發現，有人長時間閉目養神、戴上耳機等。本台就事件向司法機構查詢，獲回覆指司法機構一直密切注視情況，而公眾人士均有序取得入庭籌。司法機構亦指，一直以不同方式提醒法庭使用者在旁聽時的注意事項，包括聆訊前作廣播提示、張貼相關告示等。
The Jimmy Lai case entered its 33rd day of hearings yesterday (27th), with the public gallery still full each day. However, reporters observed in court yesterday that some people kept their eyes closed for long periods or wore headphones. The outlet contacted the Judiciary about the matter and was told that it had been closely monitoring the situation, while members of the public had obtained admission tickets in an orderly manner. The Judiciary also said it had been reminding court users in various ways about points to note when observing hearings, including making announcements before hearings and displaying relevant notices.
28 Feb 2024法庭線#3064
Day 34 of Jimmy Lai case | Defence: Lai once said, “I won’t ask people outside to hold on”; Chan Pui-man: Referring to friends in political or social movement circles
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（28 日）在西九龍裁判法院（暫代高等法院）展開第 34 日審訊。
前《蘋果》副社長陳沛敏早前供稱，黎還押後曾著同事「撐住」，辯方指張曾代黎轉告同事「不用擔心我」、「對我來講，係造化、有機會定落嚟睇吓書」，未有叫同事「撐住」；而陳撰寫的文章，亦提到黎稱「我會撐住，但我唔會叫出面啲人撐住」。陳解釋，當時正值「47 人案」，她理解黎稱「出面啲人」是指「政界或社運界佢識得嘅人」。
陳另確認，在黎被起訴前，她不認為《蘋果》有違反《國安法》，提到 2020 年 8 月黎被捕時，雖然警方有搜查報館，但當時說法「唔係針對新聞材料」，涉案人物如李宇軒亦與《蘋果》無關，所以據其認知，「以為係同新聞報道冇關」。
Apple Daily founder Jimmy Lai and three Apple Daily-related companies have been charged with offences including conspiracy to collude with foreign forces. The case entered its 34th day of trial on Wednesday (28th) at the West Kowloon Magistrates’ Courts, which is acting as the High Court.
Former Apple Daily deputy publisher Chan Pui-man previously testified that, after Lai was remanded in custody, he had told colleagues to “hold on”. The defence said Cheung had conveyed Lai’s messages to colleagues, including “don’t worry about me” and “for me, it’s a matter of fate; if I have the chance, I’ll settle down and read some books”, and that Lai had not told colleagues to “hold on”. An article written by Chan also mentioned Lai as saying, “I will hold on, but I won’t ask people outside to hold on.” Chan explained that, at the time, amid the “47-person case”, she understood “people outside” to mean people Lai knew in political or social movement circles.
Chan also confirmed that, before Lai was charged, she did not believe Apple Daily had violated the National Security Law. Referring to Lai’s arrest in August 2020, she said that although police searched the newspaper’s newsroom, the explanation at the time was that the search was “not targeting news materials”. People involved in the case, such as Li Yu-him, were also unrelated to Apple Daily, so based on her understanding, she had thought it “had nothing to do with news reporting”.
27 Feb 2024法庭線#3055
41-year-old man admits conspiracy to incite secession; judge calls his intentions reprehensible
一名被指為「香港獨立黨」主席的 41 歲葡籍男音樂教師， 2022 年入境時被捕，原被控串謀煽動罪，被改控《國安法》下的「串謀煽動他人實施分裂國家」罪，周二（27 日）在區域法院認罪。
案情指，被告為「香港獨立黨」主席，呼籲香港成為獨立國家，重返英聯邦。涉案的 42 則帖文提及眾籌軍費、向僱傭兵索取報價「摧毀政府勢力」。帖文又呼籲網上聯署，要求北約進攻深圳，營救「12 港人」和佔領香港，亦要求英國終止《中英聯合聲明》等。辯方求情提及，被告自願交出手機密碼，部分社交平台已關閉，屬自願投案和放棄犯罪。
法官練錦鴻質疑，被告在錄影會面時推卸罪責，又指他身處海外隔岸觀火，在香港「惹起火頭」、「其心可誅」。案件押後至 4 月 11 日判刑，期間被告續須還押。
A 41-year-old Portuguese music teacher who was alleged to be chairman of the Hong Kong Independence Party was arrested when he entered Hong Kong in 2022. Originally charged with conspiracy to incite, he was later charged under the National Security Law with conspiracy to incite others to commit secession, and pleaded guilty at the District Court on Tuesday (the 27th). According to the facts of the case, the defendant, identified as chairman of the Hong Kong Independence Party, called for Hong Kong to become an independent country and rejoin the Commonwealth. The 42 posts involved called for crowdfunding military expenses and soliciting quotations from mercenaries to “destroy the government’s forces”. The posts also called for an online petition demanding that NATO attack Shenzhen, rescue the “12 Hong Kong residents” and occupy Hong Kong, and called on the United Kingdom to terminate the Sino-British Joint Declaration. In mitigation, the defence said the defendant had voluntarily provided his phone password, that some social media platforms had been shut down, and that he had voluntarily surrendered and renounced criminal conduct. Judge Lin Kam-hung questioned whether the defendant had shifted blame during a video-recorded interview, and said that he had watched from the sidelines while overseas and had “started a fire” in Hong Kong, adding that his intentions were reprehensible. The case was adjourned to 11 April for sentencing, and the defendant was remanded in custody pending the hearing.
27 Feb 2024法庭線#3056
Day 33 of Jimmy Lai trial｜Defence says Lai only made suggestions; Chan Pui-man: “Sometimes I would feel it was an instruction”
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（27 日）在西九龍裁判法院（暫代高等法院）展開第 33 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏繼續作供。
陳沛敏供稱，2021 年 6 月被捕獲釋後向公司請辭，惟「公司當時入面好混亂」，至《蘋果》停運當日仍未生效，故有份批准最後一期《蘋果》刊印 100 萬份。她解釋，「當時覺得自己身份有啲尷尬，我提出咗辭職，又返緊去執緊嘢，啲同事同我講，我咪話 ok 呀，幾好呀 100 萬份」。
她在辯方盤問下則同意，與黎智英擁有民主等相同價值觀。辯方詢問，陳不會被黎影響新聞判斷？陳稱「如果佢好堅持時候會影響到⋯如果佢冇出聲，我哋行使我哋編採自主」。辯方再指，黎只會提出建議，陳認為「有時我會覺得係一個指示」。
Apple Daily founder Jimmy Lai and three companies linked to Apple Daily have been charged with “conspiracy to collude with foreign forces” and other offences. The trial resumed on Tuesday (27th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with the 33rd day of proceedings. Chan Pui-man, the prosecution’s second witness and a former deputy publisher of Apple Daily, continued giving evidence.
Chan testified that she resigned from the company after being arrested and released in June 2021. However, because “the company was in a very chaotic state” at the time, her resignation had not taken effect by the day Apple Daily ceased operation, and she was involved in approving the printing of 1 million copies of its final edition. She explained: “At the time, I felt my status was a bit awkward. I had submitted my resignation and was going back to clear up my things. My colleagues told me about it, so I said, ‘OK, that’s quite good, 1 million copies.’”
Under questioning by the defence, Chan agreed that she and Lai shared values including democracy. When asked whether Lai would not influence her news judgment, she said: “If he was very insistent, it would influence [it] … if he did not speak, we exercised our editorial autonomy.” When the defence suggested that Lai only made suggestions, Chan said: “Sometimes I would feel it was an instruction.”
26 Feb 2024法庭線#3038
Lai Chee-ying trial day 32 | Chan Pui-man: Lai gave no instructions to change editorial line after remand; she authorised publication of “We Will Not Accept Our Fate”
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（26 日）在西九龍裁判法院（暫代高等法院）展開第 32 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏繼續作供。
陳沛敏供稱，黎於 2020 年 8 月被捕至 12 月還押期間，沒表示要改變報道角度，憶述探訪黎期間，他提到「覺得香港情況變壞咗好多」，著同事「撐住」。陳又確認，黎被拒保釋的頭版報道印有「《蘋果日報》告讀者書：我們不會認命」，由她授意刊出，因黎被還押後，「好多人都諗緊《蘋果》會唔會繼續做落去，我覺得要一個表態」。
控方另詢問 8.31 太子站事件的報道角度，陳稱就警方當晚有否使用過分武力提出質疑，並同意與黎的看法有關，因黎覺得「警暴」違反公義，當晚很多影片顯示，市民被警方「打得好犀利」。法官李運騰問，標題是提出問題還是陳述？陳稱屬陳述。
The trial of Next Digital founder Lai Chee-ying and three companies associated with Apple Daily, who are charged with offences including “conspiracy to collude with a foreign country or external forces”, began its 32nd day on Monday (26th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chan Pui-man, the prosecution’s second witness and a former deputy publisher of Apple Daily, continued to give evidence.
Chan testified that from Lai’s arrest in August 2020 until he was remanded in custody in December, he did not indicate that the paper should change its editorial angle. Recalling visits to Lai, she said he mentioned that he felt “Hong Kong’s situation had become much worse” and told colleagues to “hang in there”. Chan also confirmed that the front-page report on Lai being denied bail carried the message “A Letter to Apple Daily Readers: We Will Not Accept Our Fate”. She said she had authorised its publication because after Lai was remanded, “many people were wondering whether Apple would continue operating, and I felt there needed to be a statement”.
The prosecution also asked about the reporting angle on the 31 August incident at Prince Edward Station. Chan said the reports questioned whether police had used excessive force that night, and agreed that this was related to Lai’s views because he believed “police violence” violated justice. She said many videos from that night showed members of the public being “beaten very severely” by police. Judge Li Yun-tung asked whether the headline posed a question or made a statement; Chan said it was a statement.
22 Feb 2024法庭線#3022
Day 31 of Jimmy Lai trial｜Chan Pui-man: Lai’s talk programmes raised colleagues’ concerns after National Security Law took effect, but he continued
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（22 日）在西九龍裁判法院（暫代高等法院）展開第 31 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏繼續作供。
陳供稱《國安法》生效後，黎仍然覺得「國際壓力有用」，包括制裁，並繼續邀請外國嘉賓對談。陳憶述，當時她和同事見黎繼續主持 Live Chat 節目「有少少驚訝」，甚至曾徵詢公司律師意見。她亦就此向張劍虹提出意見，張再向黎反映同事憂慮，惟黎繼續做節目。
控方另展示黎被捕翌日的報道，當中提到陳在 FB 表明「報紙明天照常出街」。陳解釋，當時很多新聞界行家查詢「聽日會唔會有報紙出街」，她遂在網上表示「個個都喺報館繼續做緊嘢，公司第日會繼續出到報紙」。
The trial of Media tycoon Jimmy Lai and three companies associated with Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, continued on Thursday (22nd) at the West Kowloon Magistrates’ Courts, which is temporarily sitting as the High Court. It was the 31st day of the trial, with the second prosecution witness, former Apple Daily deputy publisher Chan Pui-man, continuing to give evidence.
Chan said that after the National Security Law took effect, Lai still believed that “international pressure was useful”, including sanctions, and continued inviting foreign guests to take part in discussions. Chan recalled that she and her colleagues were “a little surprised” that Lai continued hosting the Live Chat programme, and even sought the company lawyers’ views. She also raised her views with Cheung Kim-hung, who conveyed the colleagues’ concerns to Lai, but Lai continued making the programme.
The prosecution also showed a report published the day after Lai’s arrest, which mentioned that Chan had stated on Facebook: “The newspaper will be published as usual tomorrow.” Chan explained that many people in the news industry had asked whether there would be a newspaper the next day, so she stated online that “everyone was continuing to work at the newspaper office, and the company would continue to publish the newspaper the next day.”
21 Feb 2024法庭線#3008
Jimmy Lai case: Day 30 of trial | Chan Pui-man says she opposed promoting “One Person, One Letter to Save Hong Kong” in Apple Daily’s name
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（21 日）在西九龍裁判法院（暫代高等法院）展開第 30 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏繼續作供。
陳沛敏供稱，她不同意黎以《蘋果》名義推「一人一信救香港」行動，並曾向黎轉發黃之鋒在 FB 的批評。黎回覆指不同意黃的看法，並指在緊急時候，不能再假裝小心和聰明，「唯一的辦法就是勇敢！現在對付中共已經沒有其他辦法了」。陳形容黎表現堅定，並強調「佢個方法先有用」。
另外，她在控方提問下指，《國安法》生效前《蘋果》的報道，主要是反映對法例的擔心，以及對法治、人權的影響，並確認黎開設 Twitter 帳戶後，會就帖文內容著她提供建議。
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with conspiracy to collude with a foreign country or with external elements and other offences. The case entered its 30th day of trial on Wednesday (21st) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chan Pui-man, the prosecution’s second witness and a former associate publisher of Apple Daily, continued giving evidence.
Chan testified that she did not agree with Lai’s proposal to promote the “One Person, One Letter to Save Hong Kong” campaign in Apple Daily’s name, and that she had forwarded Lai a Facebook post criticising the campaign by Joshua Wong. Lai replied that he disagreed with Wong’s view and said that, in an emergency, they could no longer pretend to be cautious and clever: “The only way is to be brave! There is no other way to deal with the Chinese Communist Party now.” Chan described Lai as resolute and stressed that “his method is the one that works”.
In response to questions from the prosecution, she also said that before the National Security Law took effect, Apple Daily’s reporting mainly reflected concerns about the legislation and its impact on the rule of law and human rights. She confirmed that after Lai opened a Twitter account, he would ask her to offer advice on the content of his posts.
20 Feb 2024法庭線#3003
Day 29 of Jimmy Lai case trial | Chan Pui-man: After her arrest, she believed Apple Daily should end as she could not guarantee colleagues would not be arrested
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（20 日）在西九龍裁判法院（暫代高等法院）展開第 29 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏繼續作供。
陳沛敏供稱，專欄作家馮晞乾於 2020 年撰文，提議《蘋果》增設英文版打破壟斷，並確認黎欲藉英文版「打國際線」，認為對《蘋果》有保護作用。陳解釋，若《蘋果》受到打壓，會獲美國社會支持，「可能由言論譴責呢啲打壓，或者採取啲行動去制裁嗰類」。
另外，陳沛敏提到被捕後，已向公司辭職，當時亦覺得《蘋果》應該結束，「因為我唔能夠擔保同事，繼續做落去係咪唔會俾人拉」。
The trial of Next Digital founder Jimmy Lai and three companies associated with Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, entered its 29th day on Tuesday (20th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chan Pui-man, the prosecution’s second witness and a former deputy publisher of Apple Daily, continued giving evidence.
Chan testified that columnist Fung Hei kin wrote an article in 2020 proposing that Apple Daily establish an English-language edition to break the monopoly. She confirmed that Lai wanted to “go international” through the English edition, believing it would provide protection for Apple Daily. Chan explained that if Apple Daily came under pressure, it would receive support from American society, which “might condemn this suppression through words, or take action to impose sanctions of that kind”.
Chan also said that after her arrest, she resigned from the company and at the time believed Apple Daily should end, “because I couldn’t guarantee that my colleagues would not be arrested if they continued working.”
19 Feb 2024法庭線#2992
Jimmy Lai Trial Day 28 | Chan Pui-man Confirms One “Freedom” Ad Remix Was Published in Lai’s Name
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（19 日）在西九龍裁判法院（暫代高等法院）展開第 28 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏第七日作供。
控方於庭上展示《蘋果》於 2020 年 5 月所刊登的廣告，印有「自由」兩紅色大字。陳憶述，當時網民在社交平台就此各自創作及發表不同的「A1 廣告」，《蘋果》員工其後撰取部分有趣及有創意的作品，在「隔牆有耳」版面刊登。控方再展示有黎智英署名的設計，配有文字「毀我法治自由 我一無所有」。陳確認，此幅設計以黎名義刊出，「啲字肯定係佢寫啦，我認得佢簽名係咁」。案件押至周二（20 日）續審。
The trial of Media tycoon Jimmy Lai and three companies related to Apple Daily, who face charges including conspiracy to collude with foreign forces, entered its 28th day on Monday (19) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chan Pui-man, the second prosecution witness and former deputy publisher of Apple Daily, gave evidence for a seventh day.
The prosecution showed an advertisement published by Apple Daily in May 2020 bearing the two large red Chinese characters “Freedom”. Chan recalled that internet users had separately created and posted different “A1 advertisements” on social media. Apple Daily staff later selected some of the interesting and creative works for publication in the “Through the Wall” section. The prosecution then showed a design bearing Jimmy Lai’s name, with the words: “Destroy my rule of law and freedom; I have nothing.” Chan confirmed that the design was published in Lai’s name, saying: “Those words were definitely written by him; I recognise his signature—it looks like this.” The trial was adjourned until Tuesday (20).
19 Feb 2024法庭線#2994
Hong Kong Alliance accused of inciting subversion; Chow Hang-tung challenges designated judge selection, says Anna Yuen Kee Lai accessed information unavailable to defence
支聯會及其前正、副主席李卓人、何俊仁、鄒幸彤被指「煽動顛覆國家政權」案，周一（19日）在高等法院處理案件管理聆訊。親自應訊的鄒幸彤質疑，審理本案的 3 名指定法官之一黎婉姬，曾審理「支聯會拒交資料案」上訴案，能閱覽被遮蓋的控方文件，「控方有、黎官有，但係辯方無」。官指如她提出更換法官等，須在 3 月底前申請。
法官李運騰料，本案將以中文審訊 70 天。而按庭上交代的進度，控辯文件至今年 11 月時將仍在處理，李指「即係無論如何，都無可能喺 11 月之前可以開到案」。
鄒幸彤另又透露，她將有海外專家證人，料為身在美國的教授；她並為數名證人申請視像作供，李運騰要求她交代理由，「因為香港有出入境自由㗎嘛，除非佢有啲咩理由嚟唔到香港㗎啫」。
The case against the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chair and vice-chairs Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, who are accused of “inciting subversion of state power”, was heard in a case-management hearing at the High Court on Monday (19th). Appearing in person, Chow questioned whether one of the three designated judges hearing the case, Anna Yuen Kee Lai, had previously heard the appeal in the case concerning the Alliance’s refusal to provide information and had been able to read redacted prosecution documents. “The prosecution had them, Judge Anna Yuen Kee Lai had them, but the defence did not,” she said. The judge said that if she sought to replace a judge or made other such applications, she would have to apply by the end of March.
Judge Li Wan-tung said the trial was expected to be conducted in Chinese and last 70 days. Based on the timetable given in court, the prosecution and defence documents would still be under preparation in November this year. Li said that, in any event, it would be impossible for the case to begin before November.
Chow also disclosed that she would call an overseas expert witness, expected to be a professor based in the United States. She had also applied for several witnesses to give evidence by video link. Li Wan-tung asked her to explain the reasons, saying that Hong Kong had freedom of entry and exit, unless the witnesses had some reason preventing them from coming to Hong Kong.
Translations are supplied by the source workbook. Consult the original reporting for context.
