31 Jan 2024法庭線#2922
Day 20 of Jimmy Lai case | Cheung Kim-hung denies differing testimony and affidavit, denies trying to shift blame to Lai for a reduced sentence
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（31 日）在西九龍裁判法院（暫代高等法院）展開第 20 日審訊。
辯方播放黎智英在 2020 年《蘋果》25 週年報慶上的發言片段，見黎於片中指《國安法》生效後，要靠員工繼續堅持、憑良知工作，又稱「《蘋果日報》到今日做到咁樣，係你哋造成嘅」，片中傳來大笑及拍手聲。辯方指，黎意指《蘋果》靠記者、編輯秉持的核心價值運作。張不同意，稱「黎生好似講緊笑咁咋喎」，重申《蘋果》是按黎指導運作。
辯方另引述張向高院申請保釋時所提交的誓章，指誓章內容提及《蘋果》編輯部和管理層獨立工作，與張庭上供詞不一致，認為張劍虹是想將罪責推給黎以獲減刑，張否認。案件周四（1 日）續審。
Jimmy Lai, founder of Next Digital, and three companies linked to Apple Daily are charged with offences including conspiracy to collude with foreign forces. The 20th day of the trial began on Wednesday (31st) at the West Kowloon Magistrates’ Courts, sitting as the High Court.
The defence played a clip of Lai speaking at Apple Daily’s 25th-anniversary celebration in 2020. In the clip, Lai said that after the National Security Law took effect, the newspaper had to rely on its staff to continue persevering and work according to their consciences. He also said, “Apple Daily has become what it is today because of you,” followed by laughter and applause. The defence said Lai meant that Apple Daily operated on the core values upheld by its reporters and editors. Cheung disagreed, saying, “Mr Lai seemed to be saying it as a joke,” and reiterated that Apple Daily operated according to Lai’s direction.
The defence also referred to an affidavit Cheung submitted in his application for bail to the High Court, saying it stated that Apple Daily’s editorial department and management worked independently, which was inconsistent with Cheung’s testimony in court. The defence suggested that Cheung was trying to shift the blame to Lai in order to obtain a reduced sentence; Cheung denied this. The trial continues on Thursday (1st).
30 Jan 2024法庭線#2913
Day 19 of Jimmy Lai trial | Defence says Lai only called for peaceful protests; Cheung Kim-hung says Lai advocated no distinction between peaceful and militant protesters
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（30 日）在西九龍裁判法院（暫代高等法院）展開第 19 日審訊。
辯方庭上展示《蘋果》於 2019 年刊出的報道，指黎智英僅呼籲和平示威。張劍虹不同意，指反修例運動後期越趨暴力，黎認為「和勇要不分」，《蘋果》按照其立場，刊登與暴力相關的文章，「都係用一個比較同情、支持抗爭者角度去報道同評論」。張又指，即使他覺得某些觀點不恰當，「但我喺呢個崗位、作為《蘋果》社長，梗係要執行黎生政策」。
就張早前提到黎推「一人一信救香港」行動，當中提及要施加國際壓力，辯方指國家領袖互通電話亦屬國際壓力﹐張強調「黎生嗰時諗法唔係呢回事」，指黎認為要透過信件，請求時任美國總統特朗普對抗中國。案件周三（31 日）續審。
The trial of Next Digital founder Jimmy Lai and three companies associated with Apple Daily, who are charged with conspiracy to collude with foreign forces and other offences, entered its 19th day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Tuesday (30th).
The defence showed reports published by Apple Daily in 2019 and said Lai had only called for peaceful protests. Cheung Kim-hung disagreed, saying the anti-extradition bill movement became increasingly violent in its later stages and that Lai believed peaceful and militant protesters should not be distinguished. Cheung said Apple Daily followed Lai’s position and published articles related to violence, “reporting and commenting from a relatively sympathetic and supportive perspective towards protesters”. Cheung also said that even when he considered certain views inappropriate, “as the president of Apple Daily in this position, I of course had to implement Mr Lai’s policies”.
Regarding Cheung’s earlier reference to Lai promoting the “one person, one letter to save Hong Kong” campaign, which involved exerting international pressure, the defence said communications between national leaders by telephone also constituted international pressure. Cheung stressed that “this was not what Mr Lai had in mind at the time”, saying Lai believed letters should be used to ask then-US President Donald Trump to oppose China. The trial will continue on Wednesday (31st).
29 Jan 2024法庭線#2895
Day 18 of Jimmy Lai trial | Defence says Apple Daily executives could “say no to the boss”; Cheung Kim-hung disagrees
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（29 日）在西九龍裁判法院（暫代高等法院）展開第 18 日審訊，控方「從犯證人」、前壹傳媒行政總裁張劍虹，開始接受辯方盤問。
張劍虹在盤問下同意，與黎智英有反極權、新聞自由等相同價值觀，但不等於他認同黎所有編採指示，舉例提到反修例運動期間，黎指示「催谷啲人上街、去示威畀政府壓力」，張又會與黎的秘書及司機「夾喺邊度落車影相、採訪」黎智英。他強調，如無黎的清楚編採指示，即使下屬相信言論自由、法治，都不會進行這些報道。他又不同意辯方稱《蘋果》高層可「向老闆說不」，認為「我哋係冇得選擇」。
對於辯方指，黎智英召開「飯盒會」主要是討論《蘋果》業務發展及聆聽同事意見，並非給予編採指示。張一概不同意，重申「黎生好多時會喺飯盒會，畀啲編採指示我哋去執行」。案件周二（30 日）續審。
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with offences including “conspiracy to collude with foreign forces”. The case resumed on Monday (29th) at the West Kowloon Magistrates’ Court, sitting as the High Court, for its 18th day of trial. Cheung Kim-hung, a former Next Digital chief executive and a prosecution accomplice witness, began cross-examination by the defence.
Under questioning, Cheung agreed that he and Lai shared values including opposition to authoritarianism and press freedom, but said this did not mean he agreed with all of Lai’s editorial instructions. He cited Lai’s instructions during the anti-extradition bill movement to “push people to take to the streets and protest to put pressure on the government”. Cheung said he would then coordinate with Lai’s secretary and driver over where to get out of the car to photograph and interview Lai. He stressed that without Lai’s clear editorial instructions, subordinates would not have carried out such reports even if they believed in freedom of speech and the rule of law. He also disagreed with the defence’s suggestion that Apple Daily executives could “say no to the boss”, saying, “We had no choice.”
Cheung also rejected the defence’s claim that Lai’s “lunchbox meetings” were mainly for discussing Apple Daily’s business development and listening to colleagues’ views, rather than for giving editorial instructions. He reiterated that “Mr Lai would often give us editorial instructions at the lunchbox meetings for us to carry out”. The trial will continue on Tuesday (30th).
26 Jan 2024獨媒#2887
[Gwong Sing Ze case] 23-year-old student jailed for six years after admitting to planning court bombing; appeals sentence after losing mitigation for misleading police
8男女被指策劃在法院、警察總部及政府大樓等公共設施放置炸彈，案中主腦、19歲青年承認「串謀恐怖活動」罪，另外5人承認「串謀導致相當可能危害生命或財產的爆炸」罪，餘下一名24歲男司機則獲撤控。案中23歲男學生被指誤導警方調查，除了認罪扣減之外，便不能獲得協助警方調查方面的扣減，最終判監6年。他不服刑罰過重，據高院資料顯示，他於周二（1月23日）提出刑罰上訴。案件暫未排期聆訊。
Eight men and women were accused of plotting to place bombs at public facilities including courts, police headquarters and government buildings. The alleged mastermind, a 19-year-old man, pleaded guilty to “conspiracy to commit terrorist activities”, while five others pleaded guilty to “conspiracy to cause an explosion likely to endanger life or property”. The charges against the remaining defendant, a 24-year-old male driver, were withdrawn. The 23-year-old male student was accused of misleading the police investigation. Apart from the reduction for pleading guilty, he was not eligible for a further reduction for assisting the police, and was ultimately sentenced to six years in prison. Dissatisfied that the sentence was excessive, he lodged an appeal against sentence on Tuesday, 23 January, according to High Court records. The appeal has not yet been scheduled for hearing.
26 Jan 2024法庭線#2890
Day 17 of Jimmy Lai trial｜Cheung Kim-hung says he once worried Lai’s interview guests were too sensitive; Lai said he had “no way to back down”
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（26 日）在西九龍裁判法院（暫代高等法院）展開第 17 日審訊。控方「從犯證人」、前壹傳媒行政總裁張劍虹繼續作供。
控方圍繞黎智英的訪談節目提問，當中提及節目嘉賓包括美國高官。張劍虹供稱，得知嘉賓包括美國退休將軍 Jack Keane 時，曾向黎表示「呢啲時候請退休將軍，會唔會好敏感？」。黎回應指，「佢哋咁搞我，我一定去到盡嘅，我冇得褪嘅」。張指據其理解，「佢哋」意指中共。控方追問為何覺得敏感？張稱「係勾結外國勢力囉」。
另因應《國安法》生效，張指，考慮當時不少同事對法例、工作影響有疑問、「擔心《國安法》紅線喺邊」，故設立「國安法應變委員會」群組討論。隨後林文宗提議，「Signal 有口訊自焚功能」，建議由 WhatsApp 轉到 Signal 溝通。控方指主問完成，辯方申請押後至周一（29 日）開始盤問。
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 foreign forces”, entered its 17th day on Friday (26th) at the West Kowloon Magistrates’ Courts, which is sitting as the High Court. Cheung Kim-hung, a former Next Digital chief executive and a prosecution “accomplice witness”, continued giving evidence.
The prosecution questioned Cheung about Lai’s interview programmes, noting that the guests included senior US officials. Cheung testified that when he learned that the guests included retired US general Jack Keane, he had said to Lai: “Would it be rather sensitive to invite a retired general at a time like this?” Lai replied: “They’re treating me like this, so I’ll go all the way. I have no way to back down.” Cheung said he understood “they” to mean the Chinese Communist Party. Asked by the prosecution why he thought it was sensitive, Cheung said: “It would be collusion with foreign forces.”
In response to the National Security Law coming into effect, Cheung said a “National Security Law contingency committee” group was established for discussion because many colleagues at the time had questions about the law and its impact on their work, and were “worried about where the red line under the National Security Law was”. Lam Man-chung subsequently suggested switching communications from WhatsApp to Signal, saying that “Signal has a disappearing voice-message function”. The prosecution said its examination-in-chief had concluded, and the defence applied to adjourn until Monday (29th) to begin cross-examination.
25 Jan 2024法庭線#2873
Day 16 of Jimmy Lai case trial | Cheung Kim-hung: Lai still had “fighting spirit” after remand and urged Apple Daily to continue operating under its original policy
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（25 日）在西九龍裁判法院（暫代高等法院）展開第 16 日審訊。控方「從犯證人」、前壹傳媒行政總裁張劍虹繼續作供。
控方繼續圍繞《蘋果》英文版提問，張劍虹供稱，黎希望透過《蘋果》英文版影響國際輿論，指示英文版毋須加入軟性及國際新聞，應專注中國新聞，以免淡化目的。黎又曾指示，流亡、被通緝人士投稿，《蘋果》可照刊登，但為免被「上綱上線」不要支付稿費。
張又憶述，他在黎還押後曾探監，請示如何繼續運作《蘋果》。黎表示「唔使怕﹐繼續做啦，好似照原來咁做」，即繼續支持抗爭、讓外國關注香港情況。張形容，「黎生仲係好有戰意，都叫我哋唔使驚」。張周五（26 日）續作供，料控方問及黎訪談節目的內容。
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. The case entered its 16th day of trial at the West Kowloon Magistrates’ Courts, temporarily serving as the High Court, on Thursday (25th). Cheung Kim-hung, the prosecution’s “accomplice witness” and former chief executive of Next Digital, continued giving evidence.
The prosecution continued questioning Cheung about the English-language edition of Apple Daily. Cheung testified that Lai hoped to influence international public opinion through the English-language edition, and instructed that it did not need to include soft news or international news but should focus on news about China, so as not to dilute its purpose. Lai also instructed that Apple Daily could publish submissions from people in exile or wanted by the authorities, but should not pay them, so as to avoid the matter being “made into a bigger issue”.
Cheung also recalled visiting Lai in prison after his remand and asking how Apple Daily should continue operating. Lai said, “Don’t be afraid; just carry on, do it as before,” meaning that it should continue supporting the protests and enabling foreign countries to pay attention to the situation in Hong Kong. Cheung described Lai as “still having a lot of fighting spirit” and telling them not to be afraid. Cheung will continue giving evidence on Friday (26th), when the prosecution is expected to ask about the content of Lai’s interview programmes.
24 Jan 2024法庭線#2862
Jimmy Lai case: Day 15 of trial｜Cheung Kim-hong: Apple Daily’s English edition was more extreme; Lai sought to portray the CCP as repressive
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（24 日）在西九龍裁判法院（暫代高等法院）展開第 15 日審訊。控方「從犯證人」、前壹傳媒行政總裁張劍虹繼續作供。
他供稱，黎曾指《蘋果》專欄作家馮晞乾建議推出《蘋果》英文版，又指當時爆發新冠疫情﹐「美國人最需要反中情緒」。而黎認為若有美國政要訂閱《蘋果》英文版，能夠對《蘋果》提供最大的政治保護，提到黎助手 Mark Simon 曾嘗試邀請時任美國總統特朗普、時任國務卿蓬佩奧訂閱英文版，惟最終應該不成功。
張在法官李運騰詢問下表示，《蘋果》英文版比中文版「更加極端」，只報道中國負面新聞，又指黎欲透過英文版，向外國讀者塑造中國「打壓人權、隱瞞（疫情）、冇誠信」的形象，「想畀美國多啲理由對中國做敵對行動」。張周四（25 日）續作供，並料播放黎的訪談節目片段。
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are charged with conspiracy to collude with foreign forces and other offences. The case entered its 15th day of trial on Wednesday (24th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Cheung Kim-hong, the prosecution’s accomplice witness and former Next Digital chief executive, continued giving evidence.
He testified that Lai had said Apple Daily columnist Fung Hei kin had suggested launching an English-language edition of Apple Daily. Lai also said that, with the COVID-19 pandemic breaking out at the time, “Americans most needed anti-China sentiment”. Lai believed that if US political figures subscribed to the English edition, it would provide Apple Daily with the greatest political protection. He said Lai’s assistant Mark Simon had tried to invite then-US President Donald Trump and then-Secretary of State Mike Pompeo to subscribe to the English edition, but apparently did not succeed.
In response to questions from Judge Li Yun-teng, Cheung said the English edition was “more extreme” than the Chinese edition and reported only negative news about China. He said Lai wanted to use the English edition to portray China to foreign readers as suppressing human rights, concealing the pandemic and lacking credibility, and “give the US more reasons to take hostile actions against China”. Cheung will continue giving evidence on Thursday (25th), when clips from Lai’s interview programmes are expected to be played.
23 Jan 2024法庭線#2856
Day 14 of Jimmy Lai trial | Cheung Kim-hong: Lai supported young people’s protests and advocated “no division between the peaceful and the valiant”
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（23 日）在西九龍裁判法院（暫代高等法院）展開第 14 日審訊。控方「從犯證人」、前壹傳媒行政總裁張劍虹繼續作供。
張劍虹供稱，黎智英個人「瞓身」支持抗爭，亦推行「撐學生訂閱計劃」，支持年輕人抗爭，「讚揚佢哋為咗保衛家園而犧牲，希望佢哋成為《蘋果日報》忠實讀者」。控方又展示與「屠龍」、「和勇」相關的《蘋果》文章，張稱報道符合黎「和勇不分化」的編採指示。
控方另展示黎向張傳送的《蘋果》25 週年特刊感言稿件，黎稱「越多世界輿論支持和外交關注，我們越能保住法治和自由，外國勢力萬歲！」。張解釋，黎認為外國政治官員訂閱《蘋果》，「對《蘋果》係一個重大嘅政治保護」。案件周三（24 日）續審。
Next Digital founder Jimmy Lai Chee-ying and three companies linked to Apple Daily have been charged with offences including “conspiracy to collude with a foreign country”. The case entered its 14th day of trial on Tuesday (23rd) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court. The prosecution’s accomplice witness, former Next Digital chief executive Cheung Kim-hong, continued giving evidence.
Cheung testified that Lai personally went all out to support the protests and implemented a “student subscription support scheme” to support young people’s protests. Lai “praised them for sacrificing themselves to defend their homes and hoped they would become loyal readers of Apple Daily”. The prosecution also presented Apple Daily articles related to “Dragon Slaying Brigade” and “the peaceful and the valiant”. Cheung said the reports were consistent with Lai’s editorial instruction of “no division between the peaceful and the valiant”.
The prosecution also presented a statement written by Lai for a message in Apple Daily’s 25th-anniversary special edition. Lai wrote: “The more support from world opinion and diplomatic attention there is, the more able we are to preserve the rule of law and freedom. Long live foreign forces!” Cheung explained that Lai believed subscriptions to Apple Daily by foreign political officials “provided Apple Daily with significant political protection”. The trial will continue on Wednesday (24th).
22 Jan 2024獨媒#2851
Andrew Cheung: Three designated judges hearing national security cases has advantages over jury trials; defendants will certainly receive a fair trial
2024年法律年度開啟典禮今（22日）舉行，終審法院首席法官張舉能典禮後會見傳媒，被問國安案件不設陪審團，改由三名指定法官審理是否已由「例外」變成「慣例」。張舉能表示，由指定法官審理相比陪審訊審訊，在案件程序上無具體分別，甚至有好處，「好肯定」被告能獲公平審訊。張又認同本地律師決定是否出任法官時，考慮或被制裁無可厚非，但相信制裁並非海外法官會否來港的考慮，會繼續招聘非常任法官。張亦強調，國安法案件絕無降低定罪門檻、法庭不會盲目定罪，其他人有其他人的想法，但「我哋係法官，我哋有我哋嘅堅持，我哋有我哋嘅專業」。
The Opening of the 2024 Legal Year ceremony was held today (22nd). After the ceremony, Chief Justice of the Court of Final Appeal Andrew Cheung spoke to the media and was asked whether replacing juries in national security cases with three designated judges had turned from an “exception” into the “norm”. Cheung said that, compared with a jury trial, having designated judges hear a case made no specific difference to the case procedures and could even have advantages, adding that he was “very certain” defendants would receive a fair trial. Cheung also said it was understandable for local lawyers to consider the possibility of being sanctioned when deciding whether to become judges, but he believed sanctions were not a factor for overseas judges in deciding whether to come to Hong Kong, and that the recruitment of non-permanent judges would continue. He stressed that there was absolutely no lowering of the conviction threshold in national security law cases and that courts would not convict blindly. “Others have their own views, but we are judges; we have our own convictions and our own professionalism,” he said.
19 Jan 2024Channel C#2835
National Security Department arrests 35-year-old man over allegedly repeatedly inciting hatred against government online; case brought to court today
警方國安處今日（19日）表示，昨日下午於沙田區拘捕一名35歲男子，涉嫌「作出具煽動意圖的作為」罪，案件今日下午於西九龍裁判法院提堂。
The Police National Security Department said today (19th) that it arrested a 35-year-old man in Sha Tin yesterday afternoon on suspicion of the offence of “doing an act or acts with a seditious intention”. The case was brought before the West Kowloon Magistrates’ Courts this afternoon.
Translations are supplied by the source workbook. Consult the original reporting for context.
