4 Jul 2023法庭線#7923
47-person case | Ho Kai-ming: ADPL supporters would not support indiscriminate vetoes; “tyranny” referred to government ignoring public voices
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（4 日）展開第 78 天審訊。何啟明完成主問，其他被告沒盤問，直接進入控方盤問。何供稱，他不同意無差別否決《財政預算案》，而他或民協的支持者，都不會支持無差別否決。
何一連兩日供述對〈墨落無悔〉聲明字句的理解，指認為涵蓋「一系列權力」，包括調動議程、提出修訂及否決議案等。控方問，是否同意民主派需用「共同武器逼使政府回應五大訴求」，又一度承接法官提問，稱是指「大殺傷力憲制武器」。何語帶驚訝反問，「問問題修訂咋喎？」
何另解釋其選舉單張用字，其中指「暴政」是指當時政府不理會人民聲音，「一意孤行嚟到去實施（修訂）逃犯條例…甚至由得警察嚟到去施放催淚彈…」，又就「全面否決權」補充指，「我無話用呢樣嘢去迫使特首回應五大訴求」。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 78th day on Tuesday (the 4th). Ho Kai-ming completed his examination-in-chief, and the other defendants did not cross-examine him before the prosecution began its cross-examination. Ho testified that he disagreed with indiscriminately vetoing the Appropriation Bill, and that neither he nor supporters of the Association for Democracy and People’s Livelihood would support indiscriminate vetoes.
Ho spent two consecutive days testifying about his understanding of the wording of the “With Ink, No Regrets” statement, saying that it covered “a series of powers”, including moving the agenda, proposing amendments and vetoing motions. The prosecution asked whether he agreed that the pro-democracy camp had to use a “common weapon to force the government to respond to the five demands”. At one point, following a question from the judge, it described this as a “highly destructive constitutional weapon”. Ho responded in apparent surprise: “Just asking questions and proposing amendments?”
Ho also explained the wording used in his election leaflet. He said “tyranny” referred to the government at the time ignoring the people’s voices, “insisting on its own course to implement [amendments to] the Fugitive Offenders Ordinance … and even allowing the police to fire tear gas …”. Regarding “full veto power”, he added: “I did not say that I would use this to force the Chief Executive to respond to the five demands.”
4 Jul 2023法庭線#7924
First Sedition Appeal: Tam Tak-chi Says Intent and High Court Trial Must Be Proved; Court to Rule Within Nine Months
人民力量前副主席、「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，經審訊後被裁定「發表煽動文字」等 11 罪成，判囚 40 個月。譚不服定罪及刑罰提上訴，周二（4 日）在高院上訴庭處理許可申請，是 1997 年後首宗煽動罪上訴案。
譚得志一方指，煽動罪須證明被告的煽動意圖及暴力元素，又指根據《國安法》，危害國安罪行的審判「循公訴程序」進行，即只有高院有權處理。
律政司一方則認為，毋須證明有煽動意圖，又引述《國安法》英文版，指當中「shall」可理解為「may（可）」，故此危害國安罪行非必須在高院審理。高院首席法官潘兆初引中文版指，只寫有「危害國家安全案件的審判循公訴程序進行」，周重申要考慮語境。
3 名法官聽畢陳詞，表示將於 9 個月內頒下判決理由。譚穿著灰色西裝外套出庭，面露笑容與旁聽人士打招呼；社民連成員曾健成到場旁聽。
Tam Tak-chi, former vice-chairman of People Power, was convicted after trial on 11 charges, including publishing seditious words, over remarks including “black cops die with their whole families” and “Liberate Hong Kong” made while operating a street booth in 2020. He was sentenced to 40 months in prison. Tam, known as “Fast Beat”, appealed against his convictions and sentence. His application for leave to appeal was heard at the High Court’s Court of Appeal on Tuesday (the 4th), in the first appeal against a sedition conviction since 1997.
Tam’s side argued that the sedition offence requires proof of the defendant’s seditious intent and a violence element. It also said that under the National Security Law, trials of offences endangering national security are conducted “by way of indictment”, meaning that only the High Court has jurisdiction to handle them.
The Department of Justice argued that seditious intent need not be proved. It also cited the English version of the National Security Law, saying that “shall” could be understood as “may”, and therefore trials of offences endangering national security did not necessarily have to be held in the High Court. The Chief Judge of the High Court, Jeremy Poon Shiu-chor, cited the Chinese version, which states only that “the trial of cases endangering national security shall be conducted by way of indictment”; the Department of Justice reiterated that the context had to be considered.
The three judges heard the submissions and said they would deliver their reasons for judgment within nine months. Tam appeared in a grey suit jacket, smiling and greeting people in the public gallery. Tsang Kin-shing, a member of the League of Social Democrats, attended the hearing.
3 Jul 2023獨媒#7911
National Security Law Three Years On: 259 Arrested, 71 Linked to Sedition, Conviction Rate 100%
《國安法》實施三年，政府表示香港已「由亂變治」，「市民生活重回正軌」，並強調《國安法》只影響「一小撮人」。
三年過去，《獨媒》統計，至少259人被指從事危害國家安全的行為和活動而被警方拘捕，當中155人和5間公司被檢控，包括《蘋果日報》相關的三間公司、支聯會和《立場新聞》，三間機構先後停刊、解散。與此同時，66人正在還柙，逾半已還柙逾兩年，最長達1,025日；支聯會顛覆案已交付高院，但審期仍未定。
Three years after the National Security Law came into effect, the government says Hong Kong has “moved from chaos to governance” and that “residents’ lives have returned to normal”, while stressing that the law affects only “a small group of people”.
After three years, InMedia’s statistics show that at least 259 people were arrested by police for allegedly engaging in acts and activities endangering national security. Among them, 155 people and five companies were prosecuted, including three companies linked to Apple Daily, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, and Stand News. The three organisations subsequently ceased publication or disbanded. Meanwhile, 66 people are being remanded in custody; more than half have been remanded for over two years, with the longest period reaching 1,025 days. The Hong Kong Alliance subversion case has been committed to the High Court, but the trial date has yet to be set.
3 Jul 2023法庭線#7912
47-case | Ho Kai-ming testifies on first day, says he supported the content of “No Regrets Once the Ink Is Spilled” and understood it as allowing the use of “a series of powers”
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（3 日）展開第 77 天審訊。何啟明開始作供，他承認簽署〈墨落無悔〉聲明前有看過內容，他亦支持當中兩點聲明。他認為聲明所指的是「一系列權力」，包括調動議程、否決預算案等，且簽署者有選擇用否的空間。
何又指，民協關注基層民生如綜援議題，他亦不會介定自己是抗爭派。法官一度質疑，他 FB 上的〈墨〉帖文，為何用字不是「民主派溫和派聲明」？何回答聲明是希望求同存異，「佢用抗爭派所以我用返佢嘅字，溫和係做出嚟嘅，唔係自己講，民協有往績可尋。」
法官另問及，民協會議紀錄上提到「光復香港」的意思，何解釋「我係希望回復返香港以往價值，自由同埋法治。」
The trial of 47 democrats charged with conspiracy to subvert state power entered its 77th day on Monday (3rd). Ho Kai-ming began giving evidence. He acknowledged that he had read the “No Regrets Once the Ink Is Spilled” statement before signing it and supported two points in the statement. He said he understood it to refer to “a series of powers”, including changing the agenda and vetoing the budget, and that signatories had room to choose whether to use them.
Ho also said that the Association for Democracy and People’s Livelihood focused on grassroots livelihood issues such as the Comprehensive Social Security Assistance scheme, and that he would not define himself as belonging to the protest camp. The judge questioned why a Facebook post about the statement did not use the words “moderate pan-democrats’ statement”. Ho replied that the statement sought to find common ground while reserving differences: “It used ‘protest camp’, so I used its wording. Being moderate is demonstrated through actions, not claimed by oneself; the Association for Democracy and People’s Livelihood has a track record.”
The judge also asked about the meaning of “Liberate Hong Kong” in the Association’s meeting minutes. Ho explained: “I hoped to restore Hong Kong’s former values, freedom and the rule of law.”
3 Jul 2023獨媒#7913
Li Guihua urges eight national security suspects: “Come back and surrender yourselves”
香港警方國安處通緝8名身處海外的港人，指控各人違反《國安法》，並懸紅每人100萬元，並稱或凍結、限制、沒收及充公有關人士財產以截斷危害國家安全活動的資金鏈。李桂華呼籲各人自首，被問是否通緝人士「一日唔返香港，你哋一日都拉唔到佢」，他承認：「呢個係一個事實，佢唔返嚟我哋點呢？」他強調不代表警方放棄緝捕及搜證，會搜集各人言行和證據，「有待佢哋返嚟香港時」，一併送上法庭。
The Hong Kong Police Force’s National Security Department placed eight Hong Kong people living overseas on its wanted list, accusing each of violating the National Security Law and offering a reward of HK$1 million for each. It also said it might freeze, restrict, seize and confiscate the relevant people’s assets to cut off the funding chain for activities endangering national security. Li Guihua urged them to surrender. Asked whether the wanted people could be arrested, he said: “As long as they do not return to Hong Kong, you cannot arrest them.” He acknowledged: “That is a fact. If they do not come back, what can we do?” He stressed that this did not mean the police had abandoned efforts to arrest them and gather evidence, saying they would collect evidence including the people’s words and actions, and “when they return to Hong Kong”, bring everything before the court together.
3 Jul 2023獨媒#7914
National Security Department offers HK$1m reward for information leading to arrest of Kwok Wing-kin, Hui Chi-fung and six others
《港區國安法》實施三周年，國安處下午舉行記者會，總警司李桂華表示已向法庭申請拘捕令，每人懸紅100萬元，通緝8名海外港人，包括任建峰、袁弓夷、郭鳳儀、郭榮鏗、許智峯、蒙兆達、劉祖廸及羅冠聰。警方在記者會上刊出8人的黑白大頭相，逐一說明干犯罪行，批評他們竄逃海外繼續危害國安。
On the third anniversary of the implementation of the Hong Kong National Security Law, the National Security Department held a press conference in the afternoon. Senior Superintendent Li Kwai-wah said the department had applied to the court for arrest warrants and was offering a HK$1 million reward for each of eight Hong Kong people wanted overseas: Yam Kin-fung, Yuen Gong-yee, Kwok Fung-yee, Kwok Wing-kin, Hui Chi-fung, Mang Siu-tat, Lau Cho-dik and Nathan Law. Police displayed black-and-white headshots of the eight at the press conference, described the offences they had allegedly committed one by one, and criticised them for fleeing overseas and continuing to endanger national security.
3 Jul 2023獨媒#7915
Eunice Yung Supports Warrant for Yuen Gong-yi, Stresses No Contact: “My Husband Is Mainly in Contact with Him”
警方國安處今（3日）宣布通緝8名涉嫌干犯《國安法》的海外人士包括容海恩丈夫袁彌昌的父親袁弓夷。去年已登報宣布與袁弓夷脫離「爺媳關係」的容海恩，在通緝消息傳出，即在 Facebook 貼文表示支持國安處，又以「一名被通緝人士袁弓夷」形容對方，強調對方行為「與我無關」。容海恩下午親身回應事件，指自己登報後沒有聯絡，「打個電話都無」，主要是丈夫接觸袁弓夷，著記者「問返我先生，即係袁彌昌」。
The Police National Security Department today (the 3rd) announced that it was seeking eight people overseas who are suspected of committing offences under the National Security Law, including Yuen Gong-yi, the father of Eunice Yung’s husband, Yuen Mi-chang. Yung, who last year announced in a newspaper that she had severed her “father-in-law/daughter-in-law relationship” with Yuen Gong-yi, posted on Facebook after the wanted announcement that she supported the National Security Department and referred to him as “a wanted person, Yuen Gong-yi”, stressing that his actions were “unrelated to me”. Yung responded to the matter in person in the afternoon, saying that she had had no contact with him since the newspaper announcement—“I haven’t even made a phone call”—and that her husband was mainly in contact with Yuen Gong-yi. She told reporters to “ask my husband, that is, Yuen Mi-chang.”
3 Jul 2023獨媒#7916
Eunice Yung warns husband of legal risks: “Be careful yourself”; not worried about seeming “too harsh”
警方國安處昨宣布通緝8名涉嫌干犯《國安法》的海外港人，包括立法會議員容海恩的「家翁」袁弓夷。容海恩今日在電台節目表示，昨晚與不在香港的丈夫袁彌昌通電話，問他「喂你爸爸而家咁樣，你點啊」，認為丈夫受到不同壓力。容海恩沒有叫丈夫不再與袁弓夷見面，不過多番提醒「法律上自己小心喎」。被問如何向兩名小孩解釋爺爺被通緝，容表示會「照返而家咁講囉」，但兩人未曾問過。至於她與袁弓夷的關係如何向兩孩解釋，容指自己是「袁彌昌個太太」，早前撇清關係的聲明是為了「保護家人」。
The Police National Security Department yesterday announced that it was wanted eight overseas Hong Kong people suspected of offences under the National Security Law, including Yuen Gong-yee, the father-in-law of Legislative Council member Eunice Yung. On a radio programme today, Yung said she had spoken by telephone last night with her husband, Yuen Mei-cheung, who is not in Hong Kong, and asked him, “Your father is in this situation now—how are you?” She said she believed her husband was under various pressures. Yung did not tell her husband to stop seeing Yuen Gong-yee, but repeatedly reminded him to “be careful yourself legally.” Asked how she would explain to their two children that their grandfather was wanted, Yung said she would “just explain it as we do now,” although the children had never asked. As for how to explain her relationship with Yuen Gong-yee to the children, Yung said she was “Yuen Mei-cheung’s wife” and that her earlier statement distancing herself from him was intended to “protect the family.”
29 Jun 2023法庭線#7883
47-person case | Michael Cheuk Kei Pang completes testimony, citing Regina Ip saying she did not believe the primaries were illegal: “It put me at ease”
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（29 日）展開第 76 天審訊。第二名作供被告彭卓棋完成共 4 天作供。他在控方盤問下供稱，知悉初選組織者於《國安法》後有舉行記者會，但當時只關注拉票，不知道內容。
彭在法官提問下，指沒看到政制及內地事務局局長曾國衞，初選投票日前警告初選或違《國安法》，又稱從與新聞得知，當時行會成員兼新民黨主席葉劉淑儀，曾指初選合法，直言「因為葉劉淑儀就又令我放心多第二次」。
另彭重申，他在《國安法》後曾撕選舉單張，並通知「民主動力」移除政綱，故認為為免違法已經「做盡咗」。他又表示，「我放棄政綱，我真係萬估不到，都係會出事」。案件下周一續審，另一被告何啟明料將作供。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 76th day on Thursday (29th). Michael Cheuk Kei Pang, the second defendant to testify, completed four days of testimony. Under cross-examination by the prosecution, he said he knew the primary organisers had held a press conference after the National Security Law came into effect, but at the time he was only focused on canvassing and did not know its content.
In response to questions from the judges, Pang said he had not seen Secretary for Constitutional and Mainland Affairs Erick Tsang warn before the primary voting day that the primaries might violate the National Security Law. He also said he learned from news reports that Regina Ip, then an Executive Council member and chairwoman of the New People's Party, had said the primaries were legal. He said frankly, “Because of Regina Ip, that made me feel more reassured for a second time.”
Pang reiterated that after the National Security Law came into effect, he had torn up election leaflets and notified Power for Democracy to remove the manifesto, and therefore believed he had “done everything possible” to avoid breaking the law. He also said, “I gave up my manifesto; I really never imagined that something would still happen.” The trial will resume next Monday, when another defendant, Ho Kai-ming, is expected to testify.
28 Jun 2023法庭線#7875
47-democrats case | Michael Cheuk Kei Pang says he signed “Ink” because Leung Wong-wai had signed, to avoid losing momentum; says he never said the Chief Executive should step down
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（28 日）展開第 75 天審訊。彭卓棋完成主問，開始接受盤問。彭供稱，戴耀廷曾說否決權是「可用可不用」，視乎政府「做得好唔好」；法官追問何謂「好」、問戴曾否提及政府回應「五大訴求」？彭稱沒有。
彭又補充簽署〈墨落無悔〉聲明的另一原因，是看到擬在同區參選的梁晃維已簽署，當時認為自己「唔簽就會輸陣勢」。他又稱，被捕後再看〈墨〉，並沒提「無差別」否決，被法官促勿捉字蝨。
彭另在主問下稱，從沒說過要特首下台，若知「35+」是要特首下台、顛覆政權，自己不會同意。他又在控方盤問下稱，初選前與戴會面時，關心自己是否可取議席，沒興趣理會民主派可否取「35+」。審訊周四續。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 75th day on Wednesday (28th). Michael Cheuk Kei Pang completed examination-in-chief and began cross-examination. Pang testified that Benny Tai had said veto power was “optional”, depending on whether the government was “doing a good job”; the judge asked what “good” meant and whether Tai had mentioned the government responding to the “five demands”. Pang said he had not.
Pang added that another reason he signed the “Ink Falls Without Regret” declaration was that he saw Leung Wong-wai, who planned to stand in the same constituency, had already signed it. He said he had thought that “if I didn’t sign, I would lose momentum”. He also said that after his arrest, he reread “Ink” and found that it did not mention an “indiscriminate” veto, prompting the judge to tell him not to quibble over wording.
Pang also said during examination-in-chief that he had never said the Chief Executive should step down. If he had known that “35+” meant the Chief Executive would step down and that the regime would be subverted, he would not have agreed. Under prosecution cross-examination, he said that when he met Tai before the primary election, he was concerned about whether he could win a seat and had no interest in whether the pro-democracy camp could secure “35+”. The trial will continue on Thursday.
Translations are supplied by the source workbook. Consult the original reporting for context.
