11 Aug 2023法庭線#8185
47-person case | Chow Ka-shing completes testimony, says pursuing five demands cannot be achieved overnight; would accept if only dual universal suffrage went unanswered
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（11 日）展開第 104 天審訊，鄒家成完成合共 6 日作供。控方問，「五大訴求」中若政府僅不回應雙普選，鄒會否接受？鄒稱會「袋住先」，又指「爭取雙普選唔係真係一時三刻可以做到嘅，要搞諮詢都要時間。」
鄒又供稱，〈墨落無悔〉沒有寫上替補機制等各區協調共識，認為大眾根本不關心，又指參選人簽署時是承諾當中的兩點，即會運用包括否決權，以及當支持度跌出範圍須棄選。惟法官一度質疑，協調共識中的替補機制對參選人及選民而言重要。
新東選區餘下 3 名不認罪被告林卓廷、梁國雄及柯耀林，均選擇不作供，而柯擬傳一名證人，料需時至少一天。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 104th day on Friday (11th), with Chow Ka-shing completing a total of six days of testimony. The prosecution asked whether Chow would accept it if the government failed to respond only to dual universal suffrage among the “five demands”. Chow said he would “accept it for now”, adding that “pursuing dual universal suffrage is not something that can really be achieved in a short time; even holding consultations would take time.”
Chow also testified that the “No Regrets After Putting Pen to Paper” document did not include coordination consensus reached across the districts, such as a replacement mechanism, because he believed the public was simply not concerned about it. He said candidates signed to undertake two points: that they would use, among other things, their veto power, and that they would withdraw from the election if their support fell outside the relevant range. A judge, however, questioned at one point whether the replacement mechanism in the coordination consensus was important to candidates and voters.
The remaining three defendants from the New Territories East constituency who have pleaded not guilty—Lam Cheuk-ting, Leung Kwok-hung and Ricky Yiu Lam Or—have all chosen not to testify. Ko plans to call one witness, which is expected to take at least one day.
10 Aug 2023法庭線#8174
47-person case | Owen Chow testifies that “the five demands are indispensable”, reflecting a spirit of persistent pursuit
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（10 日）展開第 103 天審訊，鄒家成第五日作供，完成主問，開始接受盤問。鄒主問下稱 ，初選結束後獲邀出席抗爭派記者會，目的是多謝選民及對泛民伸出橄欖枝。
對於岑敖暉在記者會稱「暴政當道，魔警橫行嘅話，我相信我哋無論咩嘢內容都係會否決一個財政預算案」，鄒不認為岑是指無差別否決預算案，指岑曾說「唔通政府擲幾千萬去查警暴，我都去投反對票？」法官陳慶偉質疑指「五大訴求缺一不可」，並非「五大訴求一個即可」。
鄒回應指，「五大訴求缺一不可」的精神不是要求一步登天，「而係即使政府回應咗一個或者兩個之後，一種鍥而不捨、繼續爭取嘅精神」。另就鄒早前供稱認為「35+」不可能，控方盤問質疑鄒沒於初選論壇表達這點，鄒表示「因為我諗住有禮貌少少...廢事搞禍人哋個場。」
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 103rd day on Thursday (the 10th). Owen Chow gave evidence for the fifth day, completing examination-in-chief and beginning cross-examination. During examination-in-chief, Chow said that after the primary election he was invited to attend a protest-camp press conference, with the aim of thanking voters and extending an olive branch to the pan-democrats.
Regarding Ventus Lau’s statement at the press conference that “if tyranny prevails and rogue police run rampant, I believe we would reject a budget regardless of its contents”, Chow did not consider Lau to have meant rejecting the budget indiscriminately. He said Lau had also asked: “If the Government spends tens of millions investigating police brutality, would I vote against it too?” Judge Andrew Hing Wai Chan challenged the view that “the five demands are indispensable”, pointing out that it did not mean that any one of the five demands would suffice.
Chow replied that the spirit of “the five demands are indispensable” was not a demand to achieve everything in one step, “but rather a spirit of persistently continuing to pursue [them] even after the Government has responded to one or two of them”. Regarding his earlier testimony that he considered “35+” impossible, the prosecution questioned him on why he had not expressed this view at the primary-election forum. Chow said: “Because I thought I should be a little more polite ... and avoid messing up someone else’s event.”
10 Aug 2023獨媒#8180
National Security Department arrests 10 over alleged conspiracy with 612 fund to accept donations and fund overseas organisations
警方國安處今日拘捕10人，包括4男6女，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「612人道支援基金」，接受不同海外組織的捐款，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。據了解，被捕人士包括已停運的612人道支援基金會前職員葉寶琳及卓佳佳。
The Police National Security Department today arrested 10 people, including four men and six women, for allegedly violating the Hong Kong National Security Law offence of conspiracy to collude with a foreign country or with external elements to endanger national security, and incitement to riot. They were accused of conspiring with the 612 Humanitarian Relief Fund to accept donations from various overseas organisations and provide financial assistance to organisations supporting people who had fled overseas or promoting sanctions against Hong Kong. The arrested people reportedly included Yip Po-lam and Cheuk Ka-kai, former staff members of the now-defunct 612 Humanitarian Relief Fund.
10 Aug 2023法庭線#8182
Former Student Politicism secretary-general Chan Chi-sum released after serving sentence; around a dozen friends and relatives greet him
前「賢學思政」秘書長陳枳森、與前「賢學思政」召集人王逸戰、前發言人朱慧盈和黃沅琳被指擺街站，籲「揭竿而起」、喊「光時口號」，2022 年 7 月承認「串謀煽動顛覆國家政權」罪。王、陳及朱 3 人被判囚 30 至 36 月；黃被判入教導所。
判囚 34 月、最先出獄的陳枳森，周四（10 日）早上在壁屋監獄刑滿獲釋，他身穿白色短袖衫，早上約 9 時半拿着「包頭袋」及結他步出懲教所，約 10 名親友在外迎接。陳逐一與親友擁抱、握手和合照；有人送上自製卡牌，寫有「home is home」等字。
陳枳森表示，服刑時「無諗過呢個擁抱係嚟得咁得來不易」，又稱「無悔同雞蛋一齊去面對高牆」，未來願意再與雞蛋相聚。他指將留在香港專注學業，暫不打算移民，「始終呢度都係我嘅根，同埋我同入面嘅人有約，講好咗再見，就會再見。」
Former Student Politicism secretary-general Chan Chi-sum, former convener Wong Yat-chin, former spokesperson Chu Wai-ying and Alice Wong Yuen Lam were accused of setting up street booths, calling on people to “rise up” and shouting the “Liberate Hong Kong, revolution of our times” slogan. They pleaded guilty to conspiracy to incite subversion of state power in July 2022. Wang, Chan Chi-sum and Chu were sentenced to between 30 and 36 months in prison, while Wong was sent to a rehabilitation centre.
Chan Chi-sum, who was sentenced to 34 months and was the first to be released, completed his sentence and was released from Pik Uk Prison on Thursday morning (10th). Wearing a white short-sleeved shirt, he left the correctional facility at about 9:30am carrying a “bundle bag” and a guitar. About 10 friends and relatives were waiting outside to greet him. Chan Chi-sum hugged, shook hands and took photographs with them one by one. Someone gave him handmade cards bearing messages including “home is home”.
Chan Chi-sum said that while serving his sentence, he “never thought this hug would be so hard-won”. He also said he had “no regrets facing the high wall together with the eggs” and would be willing to reunite with the eggs in the future. He said he would remain in Hong Kong to focus on his studies and was not planning to emigrate for now: “This is, after all, my roots, and I have an appointment with the people inside. We agreed that we would see each other again, and we will.”
9 Aug 2023法庭線#8170
47 Defendants Case | Chow Ka-shing says “resist invasion by the Chinese nation” did not refer to the Communist Party, reiterates Hongkongers should have autonomy
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（9 日）展開第 102 天審訊，鄒家成第四日作供，主要解釋他在兩場初選論壇上發言意思。其中鄒稱「對抗中華民族嘅入侵」非指共產黨，而是指「一個用嚟合理化、損害港人利益，干擾港人自主權嘅宣傳工具。」
鄒又解釋，於另一論壇提及「打交」，意指自衛，稱當時腦海有一畫面，「就係之前陳志全被工聯會（郭偉強）使用武力嗰個畫面，所以呢度打交嘅意思，係自衛嘅意思。」至於鄒在同一發言提及「砌低佢」，他解釋是指辯論等方面，若受到襲擊會包括肢體動作，但強調從無想過「開開下會行過去冚佢一巴，呢樣太痴線喇。」
法官另問及，鄒一方面指非推動港獨，另一方面推動自主，是否有矛盾？鄒不同意，稱在中英聯合聲明框架下，除國防、外交，香港人應擁有一系列自主權。辯方擬邀鄒再澄清時，法官打斷指鄒有否推動港獨，屬有待商榷的爭議事項，而鄒早前已表明他認為「香港民族」與港獨屬兩回事。
The trial of 47 pro-democracy defendants charged with conspiracy to subvert state power entered its 102nd day on Wednesday (the 9th). Chow Ka-shing testified for a fourth day, mainly explaining what he meant in statements made at two primary election forums. Chow said that “resisting the invasion by the Chinese nation” did not refer to the Communist Party, but to “a propaganda tool used to rationalise and harm Hongkongers’ interests and interfere with Hongkongers’ autonomy.”
Chow also explained that his reference to “fighting” at another forum meant self-defence. He said that, at the time, he had a particular image in mind: “the scene earlier when Chan Chi-chuen was subjected to force by the FTU’s Kwok Wai-keung; so the meaning of ‘fighting’ here was self-defence.” As for his reference in the same statement to “bringing him down”, he explained that this referred to matters such as debate. If attacked, it could include physical actions, but he stressed that he had never thought of “walking over during a meeting and slapping him; that would be too crazy.”
The judge also asked whether there was a contradiction between Chow’s saying that he was not promoting Hong Kong independence and his promotion of autonomy. Chow disagreed, saying that under the framework of the Sino-British Joint Declaration, apart from defence and foreign affairs, Hongkongers should have a range of autonomous rights. When the defence indicated that it intended to invite Chow to clarify further, the judge interrupted, saying that whether Chow had promoted Hong Kong independence was a matter of dispute open to argument, and that Chow had earlier stated that he considered “the Hong Kong nation” and Hong Kong independence to be two different things.
9 Aug 2023法庭線#8171
Denied one-third sentence reduction after admitting National Security Law offence, Lui Sai Yu makes final appeal; CFA reserves judgment
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。
呂世瑜不服刑罰提上訴，被上訴庭駁回，申請上訴至終審法院獲批，周三（9 日）開庭處理。上訴方指，被告認罪求情卻不獲減刑，會造成極度不公，又指刑期分級制應限制量刑起點，而非最終刑期。律政司則強調，《國安法》的處罰機制，應優先顧及阻嚇、懲罰等，故並非所有求情因素都適用，並以謀殺罪須判終身監禁為例，指強制性刑罰才能反映罪行嚴重性。
5 名終院法官聽畢雙方陳詞，押後裁決。戴眼鏡的呂世瑜出庭時精神不俗，穿著白色袖衫、藍色毛衣背心出庭。據悉，他按照目前刑期將於 2024 年 1 月獲釋。
PolyU student Lui Sai Yu was accused of using a Telegram 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”. 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 constrained by the minimum term for offences under the National Security Law, which provides that serious cases must be “punished by imprisonment for not less than 5 years”. Judge Amanda Jane Woodcock subsequently changed the sentence to five years’ imprisonment.
Lui Sai Yu appealed against the sentence, but the appeal was dismissed by the Court of Appeal. His application to appeal to the Court of Final Appeal was granted, and the hearing took place on Wednesday (9th). The appellant argued that refusing a sentence reduction despite his guilty plea and mitigation would cause extreme injustice, and that the tiered sentencing regime should limit the starting point for sentencing rather than the final sentence. The Department of Justice stressed that the National Security Law’s punishment mechanism should give priority to deterrence and punishment, among other considerations, and therefore not all mitigating factors applied. It cited murder, for which life imprisonment is mandatory, as an example, arguing that mandatory sentences were necessary to reflect the seriousness of offences.
The five judges of the Court of Final Appeal heard submissions from both sides and reserved judgment. Lui Sai Yu, who wore glasses, appeared in good spirits when he attended court, wearing a white shirt and a blue knitted vest. He is reportedly due for release in January 2024 under his current sentence.
8 Aug 2023獨媒#8162
National Security Department Takes Kwok Fung-yee’s Parents for Questioning, Says They Suspected of Helping Her Continue Acts Endangering National Security
警方國安處上月懸紅通緝8名海外港人，之後陸續帶走相關人士的家人問話，今日再帶走郭鳳儀的父母到警署問話。警方回覆《獨媒》查詢時確認在新界區帶走一男一女調查，涉嫌協助在逃人繼續從事危害國家安全行為。
Last month, the police’s National Security Department put bounties on eight Hong Kong people overseas and subsequently took family members of the relevant individuals away for questioning. Today, it took Kwok Fung-yee’s parents to a police station for questioning. In response to an inquiry from The Independent Media, the police confirmed that a man and a woman were taken away in the New Territories for investigation on suspicion of helping a wanted person continue acts endangering national security.
8 Aug 2023法庭線#8169
47-person case | Owen Chow says he considered quitting primary after National Security Law took effect, chokes up: decided to continue because he “could not leave the people behind”
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（8 日）展開第 101 天審訊，鄒家成第三日作供，稱《國安法》生效後曾考慮退出初選，因恐過往談及「香港民族主義」言論或被扭曲成涉分裂國家、港獨，又憂「涵蓋的條文好廣、字眼好模糊、刑罰好重」等。
鄒稱，他當時處理情緒後決定繼續參選，續哽咽稱「我發覺我根本就做唔出退選嘅決定，我覺得我無法離群眾而去」。
鄒另解釋，他同意初選提名表格聲明中，「擁護《基本法》和保證效忠香港特別行政區」，是效忠「會受憲法約束，同埋會保障市民大眾權利嘅政府」，以及「一本理應能夠產生憲法、產生功能嘅《基本法》」。
The trial of 47 democrats charged with conspiracy to subvert state power entered its 101st day on Tuesday (8th). Giving evidence for a third day, Owen Chow said he had considered withdrawing from the primary election after the National Security Law took effect, fearing that his previous remarks about “Hong Kong nationalism” could be distorted as involving secession or Hong Kong independence. He was also concerned that “the provisions covered are very broad, the wording is very vague, and the penalties are very severe”.
Chow said that, after processing his emotions at the time, he decided to continue standing for election. Choking up, he added: “I realised that I simply could not make the decision to withdraw. I felt that I could not leave the people behind.”
Chow also explained that his agreement to the statement in the primary election nomination form affirming that he would “uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region” meant pledging allegiance to “a government that would be bound by the Constitution and protect the rights of the general public”, as well as “a Basic Law that should be able to produce a Constitution and generate functions”.
7 Aug 2023法庭線#8157
47-case｜Lester Shum admits helping launch “No Regrets in Ink”, says use of veto power was not a consensus
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（7 日）展開第 100 天審訊，鄒家成第二日作供。就控方於開案指為「關鍵文件」的〈墨落無悔〉聲明，鄒家成承認由他、張可森及梁晃維發起，又供稱戴耀廷稱初選參選人毋須簽署「共同綱領」文件一事是導火線。
鄒指 3 人認為，戴沒通知下宣布新做法，與協調會議中的說法有別，他亦認為初選協調沒觸及港獨的「紅線」，稱「所以我唔明驚啲乜嘢」，形容戴的做法為「退縮」，3 人遂決定「要簽返啲嘢去展現抗爭意志」。
鄒另提到，〈墨〉提及的會運用否決權一句並非共識，而聲明屬「無約束力」，若有人反悔要接受選民問責，發起人「咩都做唔到」。鄒又指，理解「攬炒」目的是為和談帶來可能。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 100th day on Monday (the 7th), with Lester Shum giving evidence for a second day. Regarding the “No Regrets in Ink” statement, which the prosecution described in its opening as a “key document”, Shum admitted that he, Ho Sum Cheung and Leung Kwok-wai had initiated it. He also testified that Benny Tai’s statement that primary election candidates did not need to sign a “common platform” document was the trigger for the statement.
Shum said the three believed Tai had announced the new arrangement without notifying them and that it differed from what had been said at coordination meetings. He also believed that the primary election coordination had not crossed the “red line” of Hong Kong independence, saying, “So I don’t understand what there was to be afraid of.” He described Tai’s approach as “retreating”, after which the three decided that “we had to sign something to demonstrate our resolve to resist”.
Shum further said that the statement that veto power would be used, as mentioned in “No Regrets in Ink”, was not a consensus, and that the statement was “non-binding”. If anyone went back on it, they would have to face accountability from voters, while the initiators “could do nothing at all”. Shum also said he understood the purpose of “mutual destruction” was to create the possibility of negotiations.
4 Aug 2023法庭線#8144
47-person case | Owen Chow testifies on first day: Ran to promote Hong Kong nationalism; denies saying at New Territories East meeting to “paralyse the government”
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（4 日）展開第 99 天審訊，鄒家成開始作供，稱參加初選目的包括宣揚「香港民族」理念；他不認為「35+」能達成，惟盼在「35-」下爭取最多「具抗爭意志者」進入立法會。他又指「本土和香港民族」與港獨「唔一樣」。
鄒否認，曾於新東協調會議上說過「推我哋入立法會癱瘓政府」等。他另承認在會上提出將戴耀廷主張「積極運用」否決權的字眼，改為「會運用」，因覺戴說字眼指「可以投，可以唔投」屬模稜兩可，但自己被會議主持敷衍。
鄒續稱，民主黨代表會上稱憂致失去中產票、淺藍票，而自己質問對方，「點解，經歷完 2019 年、以五大訴求為主軸嘅社會運動之後，你哋仲可以講呢啲嘢」。他會後就自己不禮貌態度向戴耀廷致歉。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 99th day on Friday (the 4th), with Owen Chow beginning his testimony. He said his reasons for taking part in the primary election included promoting the idea of “Hong Kong nationalism”. He did not believe “35+” could be achieved, but hoped that under “35-” the maximum number of people “with a will to resist” could enter the Legislative Council. He also said that “localism and Hong Kong nationalism” were “not the same” as Hong Kong independence.
Chow denied saying at a New Territories East coordination meeting that they should “push us into the Legislative Council to paralyse the government”, among other remarks. He also acknowledged proposing at the meeting that wording concerning Benny Tai’s advocacy of “actively using” the veto power be changed to “would use” it, because he considered Tai’s wording—that one “could vote or could choose not to vote”—ambiguous. He said, however, that the meeting chair had given him a perfunctory response.
Chow further said that Democratic Party representatives at the meeting expressed concern that they would lose middle-class and “light-blue” votes. He questioned them: “Why, after experiencing the 2019 social movement centred on the five demands, can you still say these things?” After the meeting, he apologised to Benny Tai for his own impolite manner.
Translations are supplied by the source workbook. Consult the original reporting for context.
