28 Jul 2023法庭線#8100
23-Year-Old Mainland Law Doctoral Student Charged with Attempted Sedition over Causeway Bay Memorial for Leung Kin-fai; Charge Refers to ‘Chau Fung-so’
2023 年元旦，一名 23 歲中大法律博士生，被指於銅鑼灣崇光百貨外展示七一刺警案疑兇梁建輝的素描，並在地上擺放蠟燭及花束悼念，被控一項煽動罪。
案件周五（28 日）在西九龍法院再提堂，控方申請加控一項企圖煽動罪。控罪指，被告涉在香港連同一個名為「周鋒鎖」的人及其他人，企圖作出或準備作出具煽動意圖行為，引起憎恨或激起藐視中央或激起對其離叛。
控罪未有註明「周鋒鎖」是真實姓名抑或是化名或代號，亦未列出案發地點及具體涉案行為。案件押後至 9 月 8 日進行答辯，期間被告須還押候訊。女被告身穿黑色上衣，聽畢控罪後表示明白。
On New Year’s Day 2023, a 23-year-old mainland student pursuing a law doctorate at Chinese University of Hong Kong was accused of displaying a sketch of Leung Kin-fai, the suspect in the July 1 stabbing case, outside Sogo department store in Causeway Bay, and placing candles and a bouquet on the ground in mourning. The student was charged with one count of sedition.
The case was mentioned again at West Kowloon Magistrates’ Courts on Friday (the 28th), when the prosecution applied to add one count of attempted sedition. The charge alleges that the defendant, in Hong Kong, together with a person named “Chau Fung-so” and others, attempted to do or prepare to do acts with a seditious intention, bringing the Central Authorities into hatred or contempt, or exciting disaffection against them.
The charge does not specify whether “Chau Fung-so” is a real name, pseudonym or code name, nor does it list the location of the alleged offence or the specific acts involved. The case was adjourned to September 8 for plea, and the defendant was remanded in custody pending the hearing. The female defendant was wearing a black top and said she understood after hearing the charges.
28 Jul 2023法庭線#8101
47-case | Gwyneth Ho says budget must inevitably reflect the “five demands”; voting it down regardless of content “doesn’t make sense”
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（28 日）展開第 94 天審訊，何桂藍接受控方盤問時，主動稱認為「五大訴求」之中最重要是雙普選，「因為有咗雙普選，其他嘢都可以慢慢解決嘅」。
她又指，預算案的部門開支及工作計劃，必然反映「五大訴求」，例如若政府撤回暴動定性，律政司預算應會減少。她稱，認同議員有權基於政治訴求而否決預算案，惟不論內容都否決「係講唔通嘅」。
控方引抗爭派記者會上，梁晃維、岑敖暉等發言提及「我哋」，指是否包括何。對於外界會認為梁稱「我哋」是包括她，何稱「可以咁講」；而就岑的相關發言，何稱「呢個係岑生相信嘅」，又指岑提及「咁我哋呢度 16 人嘅立場」一句，是指反對《國安法》等。
The trial of 47 democrats charged with “conspiracy to subvert state power” entered its 94th day on Friday (the 28th). During questioning by the prosecution, Gwyneth Ho volunteered that she believed the most important of the “five demands” was dual universal suffrage, “because once you have dual universal suffrage, the other things can gradually be resolved.”
She also said that the budget’s departmental expenditure and work plans would inevitably reflect the “five demands”. For example, if the government withdrew its characterisation of the 2019 protests as riots, the Department of Justice’s budget should be reduced. She said she agreed that legislators had the right to reject the budget on the basis of political demands, but that rejecting it regardless of its contents “doesn’t make sense”.
The prosecution cited remarks by Leung Wong-wai, Shum Ngou-fai and others at a press conference held by the protest camp in which they referred to “us”, and asked whether this included Ho. Asked whether the public would understand Leung’s use of “us” to include her, Ho said “you could put it that way”. Regarding Shum’s related remarks, Ho said, “that’s what Mr Shum believes,” and said that his reference to “the position of the 16 of us here” meant opposition to the National Security Law and other matters.
27 Jul 2023法庭線#8082
47-person case | Gwyneth Ho completes examination-in-chief, says protest camp press conference had no spokesperson and common-law court should not accept mainland logic
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（27 日）展開第 93 天審訊，何桂藍完成合共 8 日主問下作供。其代表大狀引述岑敖暉、王百羽於抗爭派記者會，提及否決預算案，何指記者會沒正式發言人，而事前亦沒討論過兩人發言的內容。
何作供時又提到，選舉主任指她反對《國安法》而取消其參選資格，「但係一個正常睇完（國安法）嘅人會覺得，成份《基本法》係（被）架空咗囉」，法官其後打斷，指她已回答不同意選舉主任的決定，毋須再深究。
何亦否認控方所指，她有意圖顛覆國家政權，稱 「我可以理解點解喺中國大陸嘅 logic，咁樣係顛覆嘅...但係如果一個普通法嘅 court endorse（贊同）呢樣嘢，我覺得係攬炒緊普通法囉」。審訊周五續。
The 47 democrats charged with “conspiracy to subvert state power” began the 93rd day of trial on Thursday (27th), with Gwyneth Ho completing her testimony after eight days of examination-in-chief. Her counsel cited remarks by Lester Shum and Wong Pak-yu at a press conference held by the protest camp concerning vetoing the budget. Ho said the press conference had no official spokesperson, and that the content of the two men’s remarks had not been discussed beforehand.
Ho also testified that the Returning Officer had disqualified her from standing for election on the grounds that she opposed the National Security Law. “But anyone who reads the [National Security Law] normally would feel that the entire Basic Law has been hollowed out,” she said. The judge subsequently interrupted her, saying she had already answered that she disagreed with the Returning Officer’s decision and there was no need to pursue the matter further.
Ho also denied the prosecution’s allegation that she intended to subvert state power. She said, “I can understand why, under the logic in mainland China, this would be subversion ... but if a common-law court endorses this, I think it is destroying common law.” The trial will continue on Friday.
27 Jul 2023法庭線#8090
Martial arts gym owner admits posting 20 seditious messages including “Taiwan is an independent country”, jailed for 3 months; judge says content was sharp but offence less serious
63 歲詠春拳館創辦人，今年 6 月被指在社交媒體上，發布 20 則具煽動意圖的陳述及相片，內容包括煽動仇恨港府、鼓吹「港獨」和「台獨」等，其後一直還押至今。他周三（26 日）承認一項「作出一項或多項具煽動意圖的作為」罪，周四（27 日）在西九龍裁判法院被判囚 3 個月。
《國安法》指定法官、主任裁判官羅德泉指，帖文提及國家疫情後通關、維吾爾族學生在港失蹤等近期社會事件，內容尖銳、偏激、屬發洩式，並帶有憎恨性，挑起志同道合者的情緒，遠超一般的批評。但裁判官亦表示，考慮到被告沒有鼓吹他人使用暴力，或採取進一步行動，加上閱讀人數及反應不多，認為本案嚴重性偏低，潛在風險不算太高。
The 63-year-old founder of a Wing Chun gym was accused of posting 20 statements and photographs with seditious intent on social media in June, including calls for hatred against the Hong Kong government and advocacy of “Hong Kong independence” and “Taiwan independence”. He had remained in custody since then. He pleaded guilty on Wednesday (26th) to one count of “doing one or more acts with a seditious intention” and was sentenced to three months’ imprisonment at West Kowloon Magistrates’ Courts on Thursday (27th).
26 Jul 2023法庭線#8080
47-defendants case | Gwyneth Ho says she had estimated the government would disqualify pro-democracy candidates on a large scale; 610,000 primary voters was unimaginable beforehand
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（26 日）展開第 92 天審訊，何桂藍第七日作供，就 2020 年 7 月在 Facebook 提及「利用立法會選舉，觸發憲政危機」，何稱當時估計北京或港府會大規模 DQ 民主派候選人，「無異於宣稱香港嘅選舉係同伊朗無乜分別」，造成合法性危機。
庭上播放何於初選首日投票的街站片段，她提及「抗爭開啟真正歷史性變革嘅可能性」。何解釋是指港人 2019 年後有意識追求民主不可能永遠安全，亦不能迴避無法維持現狀及要自己落場，指人心改變「先至真正令到變革有可能發生。」
何又主動供稱，就既然認為立法會無用為何仍要參選的問題，自己當時回答不到，直至看到初選有 61 萬港人投票，指是無人能想像的局面，又稱政治行動有別於「好清楚咁有結果有原因有場所有動機」的法律場合，是在進行後才有可能找到意義。審訊
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 92nd day on Wednesday (26th), with Gwyneth Ho giving evidence for a seventh day. Regarding a Facebook post in July 2020 mentioning “using the Legislative Council election to trigger a constitutional crisis”, Ho said she had estimated that Beijing or the Hong Kong government might disqualify pro-democracy candidates on a large scale. She said this would be tantamount to declaring that Hong Kong’s elections were no different from those in Iran, creating a crisis of legitimacy.
The court played footage of Ho at a street booth on the first day of voting in the primary, in which she referred to “the possibility that the protests could initiate truly historic change”. Ho explained that this meant Hong Kong people, after 2019, had consciously pursued democracy, that it could not remain safe forever, and that they could not avoid the inability to maintain the status quo or the need to enter the contest themselves. She said that a change in people’s minds was “what truly makes change possible”.
Ho also volunteered that, when asked why she had still chosen to run for the Legislative Council if she believed it was useless, she had been unable to answer at the time. It was not until she saw 610,000 Hong Kong people vote in the primary that she said she encountered a situation nobody could have imagined. She added that political action differs from a legal setting in which “the result, cause, venue and motive are all very clear”, and that its meaning can only possibly be found after it has been carried out.
25 Jul 2023明報#8068
Yuen Gongyi’s eldest daughter and Yuen Mi-cheung’s wife taken away by national security police to assist inquiry; phone temporarily seized; Eunice Ho: Confident of innocence, will report his whereabouts
警方國安處再帶走通緝者的在港家人協助調查。據悉，涉在海外籌組「香港議會」的袁弓夷（圖），其女兒袁彌望及兒子袁彌昌昨早先後被國安處帶走助查，未有被捕；袁彌昌妻子、新民黨立法會議員容海恩昨午主動透露自己亦是受查者，指昨早7時國安處警員到其家中，之後被帶到警署助查近3小時，透露警方曾詢問她「一些內情」，亦包括袁弓夷的住址電話等，並一度檢走其手機及電腦。容稱「相信自己是清白」，並支持警方行動，如得知袁弓夷行蹤定必舉報。
Police National Security Department officers again took family members in Hong Kong of wanted individuals away to assist an investigation. It is understood that Yuen Gongyi (pictured), who is allegedly involved in organising the “Hong Kong Parliament” overseas, had his daughter Mimi Mi Wahng Yuen and son Yuen Mi-cheung taken away by the National Security Department separately yesterday morning to assist the inquiry; neither was arrested. Yuen Mi-cheung’s wife, New People’s Party Legislative Council member Eunice Ho, voluntarily disclosed yesterday afternoon that she was also under investigation. She said National Security Department officers went to her home at 7am yesterday and subsequently took her to a police station to assist the inquiry for nearly three hours. She said officers had asked her about “some inside information”, including Yuen Gongyi’s address and telephone number, and had temporarily seized her mobile phone and computer. Ho said she “believes she is innocent” and supports the police action, adding that she would definitely report it if she learned Yuen Gongyi’s whereabouts.
25 Jul 2023法庭線#8076
47 democrats case | Gwyneth Ho says calling the Chinese Communist Party “totalitarian” is an academic consensus; Hong Kong people do not want to live under a regime’s control in every aspect
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（25 日）展開第 91 天審訊，何桂藍庭上解釋在新東初選論壇提及的「同全香港人一齊抗擊中共極權」，稱形容中共是極權是「學界共識」。
法官一度問何的代表大狀對「極權」定義、日本及俄國是否極權，並指法庭是關注何當時的想法，而不是學術定義。何其後重申，同意形容中共是極權「係一個客觀嘅描述...褒義貶義呢啲無關係嘅」，指關鍵是香港人不想活在「方方面面受到政權控制之下」。
何另解釋有關「攬炒」的 FB 帖文時，指當時輿論所指的「攬炒」有一種自毀傾向，「好強調犧牲，好強調死」，但她認為「抗爭唔係求死，係求生」。她又指，不同意區諾軒早前稱「攬炒」是絕望，指有關說法「抹殺咗 2019（運動）嘅創造性」。
The 91st day of the trial in the case of 47 pro-democracy figures charged with “conspiracy to subvert state power” began on Tuesday (25th). In court, Gwyneth Ho explained her reference at a New Territories East primary election forum to “fighting the Chinese Communist Party’s totalitarianism together with all Hong Kong people”, saying that describing the Chinese Communist Party as totalitarian was “an academic consensus”.
The judge at one point asked Ho’s leading counsel about the definition of “totalitarianism” and whether Japan and Russia were totalitarian, saying that the court was concerned with what Ho thought at the time rather than with an academic definition. Ho subsequently reiterated that she agreed calling the Chinese Communist Party totalitarian “is an objective description ... whether it is praise or criticism is irrelevant”, saying the key point was that Hong Kong people did not want to live “under the regime’s control in every aspect”.
Ho also explained a Facebook post concerning “laam chau”, saying that the term as used in public discussion at the time had an element of self-destruction, with “a strong emphasis on sacrifice and death”. She said, however, that “protest is not about seeking death, but seeking survival”. She also disagreed with Au Nok-hin’s earlier description of “laam chau” as despair, saying that this view “erased the creativity of the 2019 [movement]”.
25 Jul 2023法庭線#8078
Tommy Kwan pleads guilty to sedition and money laundering over abuse of judge and fabricated riot-case defendant; remanded until Aug. 11 for sentencing
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。他周二（25 日）於區域法院承認「作出具一項或多項煽動意圖的作為」及「洗黑錢」兩罪。被告自 2022 年 2 月被捕起，至今已還押逾 16 個月。
法官練錦鴻押後案件至 8 月 11 日判刑，被告還押候判。控方另申請沒收被告及其舅仔的帳戶結餘，總額約為 37 萬元。
Singer Tommy Kwan was accused of abusing a judge on social media between 2021 and 2022 and saying that the death of a marine police officer was “worth celebrating”, among other acts. He and relatives and friends also allegedly fabricated a female defendant in a riot case and falsely claimed that proceeds from selling cookies were being used to support her. On Tuesday (the 25th), he pleaded guilty at the District Court to two charges: “doing one or more acts with seditious intention” and money laundering. The defendant has been remanded in custody for more than 16 months since his arrest in February 2022.
Judge Lin Kam-hung adjourned the case until Aug. 11 for sentencing, and the defendant was remanded in custody pending sentencing. The prosecution also applied for the forfeiture of the balances in the accounts of the defendant and his brother-in-law, totalling about $370,000.
24 Jul 2023法庭線#8066
47-case | Ho Kwai-lam explains election manifesto, saying she would not accept Hong Kong’s destruction to preserve “freedom built on shifting sands”
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（24 日）展開第 90 天審訊，何桂藍解釋其參選宣言，指很多港人幻想能維持現狀，但認為不會因想留住「建立喺浮沙上面嘅 privilege 同自由」，而接受香港表面繁榮但實際不斷被破壞的現狀，「我會形容呢個係所有參與 2019 運動嘅人嘅選擇」。
她又稱，認為初選論壇讓民主派辯論路線，讓選民了解後作出選擇，當時坊間很多聲音好想民主派團結一致，又覺得〈墨落無悔〉聲明爭議好煩，「但我唔同意嘅，我認為所謂嘅『鬥黃』，其實係啲好重要嘅路線 debate 嚟嘅。」
法官問及，初選是否浪費時間和金錢，何稱非常不同意該說法，法官一度打斷何回答，指與案有關會讓她回答，何質疑官對立法會理解不足，「你點樣分咩係 relevant 咩係唔 relevant！」法官則稱懂得判斷甚麼是有關，又指即使有錯都不是由何糾正。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 90th day on Monday (24th). Ho Kwai-lam explained her election manifesto, saying many Hong Kong people had imagined that the status quo could be maintained, but she would not accept a Hong Kong that appeared prosperous while being continually destroyed in reality merely to preserve “privilege and freedom built on shifting sands”. “I would describe this as the choice of everyone who took part in the 2019 movement,” she said.
She also said the primary-election forums allowed pro-democracy candidates to debate their political paths and voters to make a choice after understanding them. She said there were many voices in society at the time calling for the pro-democracy camp to remain united and finding the 《墨落無悔》 statement very troublesome. “But I disagree. I believe that what is called ‘yellow-on-yellow rivalry’ was actually a very important debate over political paths.”
When a judge asked whether the primary had wasted time and money, Ho said she strongly disagreed. The judge interrupted her at one point, saying she would be allowed to answer on matters relevant to the case. Ho questioned the judge’s understanding of the Legislative Council, saying, “How do you distinguish what is relevant from what is irrelevant?” The judge said he knew how to determine what was relevant and added that even if there were mistakes, it was not for Ho to correct them.
21 Jul 2023法庭線#8058
47 Democrats case | Gwyneth Ho says she agrees that “the legislature is by no means the end point of resistance”, explaining that she did not want to give the public false hope
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（21 日）展開第 89 天審訊，何桂藍供稱認同〈墨落無悔〉中「深明議會絕非抗爭終點」一句，指因不欲給予民眾假希望，「令佢哋覺得立法會真係可以直接逼使到政府」，她指這是香港民主運動的慣性，「造成投咗票就 OK 嘅感覺」，並想帶出其他形式的抗爭都要繼續嘗試。
何又稱，不認為否決預算案可逼特首回應「五大訴求」，認為最多只可施壓，惟立法會有很多權力，舉例指「點人數」亦能施壓。
何在主問下回應控方指控，引終院非常任法官包致金的 4 項準則指自己曾提及的香港「法治無存」，是「準確描述」，又指同意很多人怨恨政府，毋須任何人助長，亦不能假設怨恨背後沒理性基礎，或者一定由他人煽動。何亦反駁抗爭派用〈墨〉「夾人」的說法，認為壓力是來自選民意願，而非抗爭派。審訊下周一續。
The trial of 47 democrats charged with “conspiracy to subvert state power” entered its 89th day on Friday (the 21st). Gwyneth Ho testified that she agreed with the line “deeply understand that the legislature is by no means the end point of resistance” in *Ink-Stained Without Regret*, saying she did not want to give the public false hope “that they would think the Legislative Council could really directly force the government”. She said this was an ingrained tendency of Hong Kong’s democracy movement, creating the impression that “everything would be OK once you had voted”, and that she wanted to convey that other forms of resistance should continue to be attempted.
Ho also said she did not believe that rejecting the budget could force the Chief Executive to respond to the “five demands”, saying it could at most exert pressure. However, she said the Legislative Council had many powers, giving “calling for a quorum count” as an example of how pressure could be exerted.
During examination-in-chief, Ho responded to the prosecution’s allegations. Referring to the four criteria set out by CFA Non-Permanent Judge Justice Kemal Bokhary, she said her earlier description of Hong Kong as having “no rule of law” was “accurate”. She also said she agreed that many people resented the government, that no one needed to encourage them to do so, and that it could not be assumed that their resentment lacked a rational basis or was necessarily incited by others. Ho also rejected the protest camp’s description of *Ink* as “forcing people together”, saying the pressure came from voters’ wishes rather than the protest camp. The trial will continue next Monday.
Translations are supplied by the source workbook. Consult the original reporting for context.
