31 Aug 2023法庭線#8305
Tommy Yuen jailed for 26 months after admitting sedition and money laundering; judge says fabricated character and morally blackmailed others
藝人阮民安被指於 2021 至 2022 年，於社交媒體咒罵法官、稱水警殉職「值得慶祝」等，及偕親友虛構一名暴動案女被告，訛稱用販賣曲奇所得收益資助她。他早前承認「作出具一項或多項煽動意圖的作為」及「洗黑錢」兩罪，周四（31 日）在區域法院被判囚 26 月。
法官練錦鴻指，涉案帖文沒任何政治見解，並附帶宣傳黃店、被告演唱會及以煽情文字要求捐款，目的是燃起社會已逐漸平息的不滿和不安之情。而被告報稱為藝人，有一定知名度，吸引多人回應及分享帖文，對社會「為害非淺」。
法官又指，阮不惜像製作連續劇般捏造人物，以道德綁架他人的同情繼續捐款，斥被告自詡身處道德高地、著眼香港前途和支持同路人，但其行為精心設計、持續自我宣傳及斂財手段，較一般為勢所逼或受不住誘惑鋌而走險犯案的普通罪犯更為卑劣。
控方另申請充公令，在辯方不反對下獲批，共充公 37 萬元款項。翻查資料，阮民安自 2022 年 2 月被捕起，至今已還押逾 18 個月。
Artiste Tommy Yuen Man-on was accused of cursing judges on social media between 2021 and 2022, saying that the death of a water police officer on duty was “worth celebrating”, and fabricating, together with relatives and friends, a female defendant in a riot case while falsely claiming that proceeds from cookie sales would be used to support her. He earlier pleaded guilty to “doing an act or acts with one or more seditious intentions” and money laundering, and was sentenced to 26 months in prison at the District Court on Thursday (31st).
29 Aug 2023獨媒#8281
National Security Department Arrests Two More Men over Conspiracy to Use 612 Fund to Support People Fleeing Overseas
警務處國家安全處在本月10日拘捕10人涉嫌違反《香港國安法》「串謀勾結外國或者境外勢力危害國家安全」罪及煽動暴動，指他們串謀已停運的「612人道支援基金」，接受不同海外組織捐款，並向支援逃亡海外人士或推動制裁香港的組織提供金錢資助。國安處今日（29日）表示，再拘捕多兩名男子，據了解其中一人為醫生。
The Police Force’s National Security Department arrested 10 people on the 10th of this month on suspicion of violating the offence of “conspiracy to collude with a foreign country or external elements to endanger national security” under the Hong Kong National Security Law and inciting riots. It alleged that they conspired with the now-defunct 612 Humanitarian Relief Fund to accept donations from various overseas organisations and provide financial assistance to people who had fled overseas or to organisations promoting sanctions against Hong Kong. The National Security Department said today (29th) that it had arrested two more men. It is understood that one of them is a doctor.
28 Aug 2023法庭線#8274
47-defendant case | Yu Wai-ming completes testimony; defence case concludes; hearing adjourned to Nov. 27 for closing submissions
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（28 日）展開第 115 天審訊，最後一名被告余慧明完成四日作供。控方盤問下，余重申一直爭取「五大訴求缺一不可」，稱即使《國安法》通過後，都不認為是違法，又指否決預算案是合法、合理的手段。
余完成作供後，辯方案情亦告完結。法官暫定押後至 11 月 27 日再開庭，處理控辯結案陳詞，料需時 2 至 3 周，而雙方須於 10 月底及 11 月初提交書面陳詞。
法官陳慶偉又指，若屆時續審與黎智英國安案撞期，黎案或需要押後。有份負責該案的法官李運騰亦指，相信該案大狀亦不介意押後。法官另稱，押後待續期間，或會處理認罪被告的案情爭議，但指不會處理求情。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 115th day on Tuesday (the 28th), with the final defendant, Yu Wai-ming, completing four days of testimony. Under questioning by the prosecution, Yu reiterated that she had consistently sought “five demands, not one less”, saying she did not consider it unlawful even after the National Security Law was enacted, and that voting down the budget was a lawful and reasonable means.
After Yu completed her testimony, the defence case also concluded. The judge provisionally adjourned the hearing until Nov. 27 to deal with closing submissions from the prosecution and defence, which are expected to take two to three weeks. Both sides must submit written submissions by the end of October and early November respectively.
Judge Andrew Hing Wai Chan also said that if the hearing then clashes with Jimmy Lai’s national security case, Lai’s case might have to be adjourned. Judge Li Wan-tang, who is responsible for that case, said he believed counsel in that case would not object to an adjournment. The judge also said that during the adjournment, the court might deal with factual disputes concerning defendants who had pleaded guilty, but would not deal with mitigation.
27 Aug 2023獨媒#8269
Jens Galschiøt urges clarification on whether an arrest warrant has been issued; Chris Tang: “I won’t tell a thief I’m going to arrest you”
「國殤之柱」創作者丹麥雕塑家高志活早前去信保安局局長鄧炳強，要求當局澄清有無計劃拘捕和檢控他。鄧今午前往新加坡外訪前向傳媒表示，如果有賊寫信問他是否被通緝：「我係唔會答㗎，我唔會話俾個賊聽我會拉你㗎嘛係咪。」至於如何處置「國殤之柱」，鄧重申與其他處理證物安排一樣，需要等待案件完結，才會根據規定處理。
Danish sculptor Jens Galschiøt, creator of the Pillar of Shame, earlier wrote to Secretary for Security Chris Tang, asking the authorities to clarify whether they planned to arrest and prosecute him. Before departing for Singapore on an overseas visit this afternoon, Tang told the media that if a thief wrote to ask whether he was wanted, “I wouldn’t answer. I wouldn’t tell a thief I’m going to arrest you, would I?” On how the Pillar of Shame would be handled, Tang reiterated that, as with other arrangements for handling evidence, the authorities would have to wait until the case was concluded before dealing with it in accordance with the regulations.
24 Aug 2023法庭線#8249
47-person case | Yau Wai-ming: Health Services primary result non-binding; no coordination meeting or agreement document received
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（24 日）展開第 113 天審訊，余慧明第二日作供，稱衞生服務界的初選參選人曾就如何確定選民資格一事有爭議，而最終組織者決定該界別的初選結果無約束力。余又指，衞服界沒開過初選協調會議，她曾邀請 4 名參選人開會，惟只有前線護士劉凱文出席。余又供稱，沒有收過或看過界別的協調協議文件。
另辯方引余的政綱作提問，余稱如政綱所言，她會「行使反對嘅權利，反對一切（政府）議案」，但「唔代表我唔睇個內容」。法官質疑，余似是決定要反對，再找出理由。余稱，預設立場是投反對票，「除非嗰個議案係令我搵唔到任何一個反對嘅原因。」
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 113th day on Thursday (24th). Yau Wai-ming gave evidence for a second day, saying candidates in the Health Services sector primary had disputed how voters’ eligibility should be determined, and that the organisers ultimately decided the sector’s primary result would not be binding. Yau also said the Health Services sector had not held a primary coordination meeting. She had invited four candidates to a meeting, but only Michael Felix Hoi Man Lau attended. Yau further testified that she had neither received nor seen the sector’s coordination agreement document.
The defence also questioned Yau about her manifesto. Yau said that, as stated in the manifesto, she would “exercise the right to oppose and oppose all (government) motions”, but that this “does not mean I do not look at the content”. The judge questioned whether Yau appeared to have decided to oppose a motion first and then looked for reasons. Yau said her preset position was to vote against it, “unless I could not find any reason to oppose that motion.”
24 Aug 2023法庭線#8252
47-person case | Four Health Services candidates divided over voter eligibility verification; prosecution says consensus required binding result, Yu Wai-ming disagrees
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（25 日）展開第 114 天審訊，余慧明第三日作供，完成主問。綜合庭上，初選衞生服務界 4 名參選人，就如何核實投票人的選民資格有分歧，並對投票安排的 4 個方案有不同取態，戴耀廷終因應情況決定結果不具約束力。
控方盤問下，余同意想結果有約束力，而戴的決定是「無可奈可的方法」，指因戴說如各人不接受就不會為該界別辦初選。控方指出，事實上余與其他參選人達成共識，即初選的結果要有約束力；余答，「不同意，因為我哋無討論到囉。」
余另供稱，不認為「抗爭派記者會」的目的，是在組織者中止初選後，宣布繼續「35+」計劃；稱按其理解，計劃在初選投票日後已經結束。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 114th day on Friday (25th). Yu Wai-ming gave evidence for a third day and completed her examination-in-chief. It emerged in court that the four candidates in the Health Services constituency primary differed over how voters’ eligibility should be verified, and held different views on four voting arrangements. Benny Tai ultimately decided that the result would not be binding in light of the circumstances.
Under questioning by the prosecution, Yu agreed that she wanted the result to be binding, and said Tai’s decision was “an unavoidable method”, because Tai had said that if everyone did not accept it, he would not hold a primary for the constituency. The prosecution pointed out that Yu and the other candidates had in fact reached a consensus that the primary’s result should be binding. Yu replied: “I disagree, because we did not discuss that.”
Yu also testified that she did not believe the purpose of the “protest camp press conference” was to announce the continuation of the “35+” plan after the organisers halted the primary. She said that, according to her understanding, the plan had already ended after polling day for the primary.
23 Aug 2023法庭線#8241
47-person case | Yu Wai-ming gives evidence on first day, says she ran after seeing government ignore demands and sought sufficient say
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（23 日）展開第 112 天審訊，參選衛生服務界、前「醫管局員工陣線」主席余慧明開始作供，稱見證 2019 年政府對市民訴求視若無睹，「只係一味武力打壓」，另推動醫護罷工促政府封關，令她明白若無足夠話語權，「政權或者當權者係唔會同我傾」，故決定參選。
余又稱，她因擔心衛生服務界潛在參選人間，或因𠝹票致「鷸蚌相爭，建制得利」，遂聯絡戴耀廷，提出辦地區直選初選時，「搭單」為衛服界舉辦初選，又引述戴當時覆視乎可能性再議。
辯方亦引余所撰文章，要求解釋多個段落，當中就「全面否決所有政府提出的議案為目的」一段，余解釋「依個只係一個姿態，唔係一個恐嚇」。余又指相對泛民「又傾又砌」，自己是「先砌後傾」，較泛民「企得硬啲」。案件周四續。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 112th day on Wednesday (23rd). Yu Wai-ming, who ran in the Health Services functional constituency and was formerly chairwoman of the Hospital Authority Employees Alliance, began giving evidence. She said she had witnessed the government turn a blind eye to public demands in 2019 and “only use force to suppress” them. She also promoted a healthcare workers’ strike to urge the government to close the border. This made her realise that without sufficient influence, “the regime or those in power would not talk to me”, and she therefore decided to run. Yu said she was concerned that potential candidates in the Health Services constituency might split the vote, resulting in “the snipe and the clam fighting while the establishment benefits”. She therefore contacted Benny Tai and proposed holding a primary for the Health Services constituency alongside the district direct-election primaries. She said Tai replied that the possibility would be discussed depending on the circumstances. The defence also referred to articles written by Yu and asked her to explain several passages. Regarding the statement that the purpose was to “fully veto all proposals put forward by the government”, Yu explained that “this was only a stance, not a threat”. She said that, in contrast to the pan-democrats’ approach of “negotiating and building at the same time”, her own approach was to “build first, then negotiate”, and that she took a firmer stance than the pan-democrats. The case will continue on Thursday.
22 Aug 2023法庭線#8226
47-case | Yue Shun Lee completes testimony, says Civic Party did not support “mutual destruction” and understood party had flexibility over vetoing the budget
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（22 日）展開第 111 天審訊，李予信完成共 4 天作供，辯方案情至今處理 46 天（見內文表），預料參選衛生服務界的余慧明周三開始作供。
李供稱，有看過〈墨落無悔〉聲明但沒深究。控方引用公民黨為初選參選人準備的論壇文件，寫有可透過否決預算案逼使政府落實五大訴求等。李予信供稱，文件沒約束力，並反映彈性「好模糊地存在」，而自己於初選論壇沒說過否決預算案等。
控方又引用公民黨 Facebook 帖文，指沒提及否決預算案是有彈性，問李有否問譚文豪，與他對質？李稱沒有，「但係佢鼓勵我繼續去持有我本來想講嘅政綱」，並指獲賴仁彪致電參選超區時，「佢亦都無俾任何嘅壓力，叫我一定要去講某啲嘅承諾」。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 111th day on Tuesday (22nd). Yue Shun Lee completed four days of testimony, while the defence case has so far taken 46 days (see table in the article). Yu Wai-ming, who is standing in the Health Services constituency, is expected to begin testifying on Wednesday.
Yue Shun Lee testified that she had seen the “No Regrets Once the Ink Is Spilled” statement but had not examined it closely. The prosecution cited a forum document prepared by the Civic Party for primary election candidates, which said that vetoing the budget could force the government to implement the five demands. Yue Shun Lee testified that the document was not binding and reflected flexibility that “existed very vaguely”, and that she had not mentioned vetoing the budget or related matters at the primary election forum.
The prosecution also cited a Civic Party Facebook post, noting that it did not mention that there was flexibility over vetoing the budget, and asked whether Yue Shun Lee had asked Jeremy Tam about it and confronted him. She said she had not: “But he encouraged me to continue holding to the platform I originally wanted to talk about.” She also said that when Bill Yan Piau Lay called to invite her to stand in the New Territories West constituency, “he did not put any pressure on me or tell me that I had to make certain promises.”
22 Aug 2023法庭線#8233
Pleading Guilty to National Security Law Offence Does Not Bring Full Sentence Reduction; Lui Sai Yu Loses Final Appeal
理大男生呂世瑜被指 2020 年在 TG 頻道煽動港獨及售武煽暴，2022 年 4 月承認「煽動他人分裂國家」罪，原獲法庭由判囚 5 年半，因認罪減刑至 3 年 8 個月。惟控方指，判刑受《國安法》罪行的最低刑期所限，情節嚴重者須「處 5 年以上」，法官胡雅文改判被告監禁 5 年。
呂世瑜不服刑罰上訴至終審法院，終院周二（22 日）一致裁定呂世瑜敗訴，維持判囚 5 年。判詞指，「煽動他人分裂國家」罪的條文，明顯以強制性措辭，訂明刑罰的性質和刑期。當《國安法》與本地法律有不一致之處，須按《國安法》第 62 條優先採用《國安法》，故本地量刑的法律及原則，要在《國安法》訂下的量刑框架內運作。
至於《國安法》第 33 條所列出的 3 個減刑因素，例如自動投案等，判詞指是在𨤳定處罰後才應用，目的明顯是為犯罪者或潛在犯罪者提供誘因，鼓勵他們放棄犯罪，所以「適時認罪」等因素在此條文下並不適用。
資深大律師湯家驊表示，判詞顯示一般求情因素，包括年輕、初犯及認罪等，仍然適用於《國安法》案件，但最終判刑不能低於《國安法〉訂明的「最低刑期」。法律評論員黃啟暘則認為，有可能影響日後其他國安案被告的抗辯策略，因即使被告認罪，至定罪判刑前難以確定可減刑幅度，「所以對一個被告嚟講，其實佢係冇一個指導嘅作用」。
Polytechnic University student Lui Sai Yu was accused of using a TG channel in 2020 to incite Hong Kong independence and sell weapons to incite violence. In April 2022, he pleaded guilty to the offence of “inciting others to secede from the country”. The court originally sentenced him to five and a half years’ imprisonment, reduced to three years and eight months because of his guilty plea. However, the prosecution argued that sentencing was subject to the minimum terms for offences under the National Security Law, under which serious cases must be punished by “not less than five years”. Judge Amanda Jane Woodcock subsequently sentenced the defendant to five years’ imprisonment.
Lui Sai Yu appealed against the sentence to the Court of Final Appeal. The court unanimously ruled on Tuesday (22nd) that Lui Sai Yu had lost the appeal and upheld the five-year sentence. The judgment said that the provision creating the offence of “inciting others to secede from the country” clearly used mandatory language to prescribe the nature and term of the punishment. Where the National Security Law is inconsistent with local laws, the National Security Law must take precedence under Article 62. Local sentencing laws and principles must therefore operate within the sentencing framework established by the National Security Law.
Regarding the three sentence-reduction factors listed in Article 33 of the National Security Law, such as surrendering voluntarily, the judgment said they should only be applied after the punishment has been determined. Their clear purpose was to provide incentives to offenders or potential offenders to abandon criminal conduct. Therefore, factors such as “pleading guilty at an appropriate time” do not apply under this provision.
Senior Counsel Ronny Tong Ka-wah said the judgment showed that general mitigating factors, including youth, being a first-time offender and pleading guilty, still applied to National Security Law cases, but the final sentence could not be lower than the “minimum term” prescribed by the National Security Law. Legal commentator Edward Wong Kai-yeung i said the ruling might affect the defence strategies of defendants in other national security cases in future, as even if a defendant pleaded guilty, it would be difficult to determine the extent of any sentence reduction before conviction and sentencing. “So for a defendant, in fact, it does not provide any guidance.”
21 Aug 2023法庭線#8225
47-person case | Yue Shun Lee says he would not follow Civic Party’s “solemn promise” to vote down the budget; judge repeatedly questions him
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（21 日）展開第 110 天審訊，李予信開始接受控方盤問，控方引楊岳橋於公民黨記者會稱政府若不回應「五大訴求」，會否決每個法案及撥款，並稱為「莊嚴承諾」。
李稱，理解該承諾未必會兌現，而自己不會跟隨黨立場否決預算案，因與參選初衷有關。控方質疑，李沒公開提及不跟從黨立場；李確認沒有，但重申過往曾發生議員投票與黨不一致，而若屆時申豁免隨黨立場投票不獲批，「都會照跟自己嘅意向投票」。
李又供稱，曾獲楊岳橋指示報名參選港島區直選，並理解自己不是鄭達鴻的「Plan B」。他又指，沒向初選組織者查詢協調共識，僅向黨高層問及超區規則，不知共識與黨記者會的發言有何關聯。另外，余慧明代表大狀稱，獲余最新指示將會作供，料需時數天。
The trial of 47 pro-democracy defendants charged with conspiracy to subvert state power entered its 110th day on Monday (21st), with Yue Shun Lee beginning cross-examination by the prosecution. The prosecution cited Alvin Yeung as saying at a Civic Party press conference that, if the government did not respond to the “five demands”, it would vote down every bill and funding proposal, describing this as a “solemn promise”.
Lee said he understood that the promise might not be honoured, and that he would not follow the party’s position in voting down the budget because this was related to his original reason for standing for election. The prosecution questioned Lee on not having publicly said that he would not follow the party’s position. Lee confirmed this, but reiterated that legislators had previously voted differently from the party, and that if his application for an exemption from voting along the party line was not approved, he “would still vote according to my own intention”.
Lee also testified that Alvin Yeung had instructed him to register to stand in the Hong Kong Island direct election, and that he understood he was not Cheng Tat-hung’s “Plan B”. He said he had not asked the primary election organisers about the coordination consensus, and had only asked senior party members about the rules for the super-district constituency. He did not know how the consensus was related to the remarks at the party press conference. Separately, counsel representing Yau Wai-ming said that, following Yau’s latest instructions, she would testify, which was expected to take several days.
Translations are supplied by the source workbook. Consult the original reporting for context.
