6 Jun 2023法庭線#6564
Department of Justice seeks High Court injunction banning public broadcasting of ‘Glory to Hong Kong’
律政司周一（5 日）入稟高等法院，要求法庭為歌曲《願榮光歸香港》頒下禁制令，禁止公眾廣播、演奏或在任何平台傳播《願榮光歸香港》。入稟狀指，公眾不得傳播《願榮光》，意圖煽動他人分裂國家，違反《國安法》；又指歌曲可能被誤當成香港「國歌」，具意圖侮辱國歌，違反《國歌條例》。入稟狀附上 32 條 YouTube 相關影片連結，要求有關人士停止傳播，當中包括手語版、中樂合奏版、以及英語、德語等多國語言版本。
政府發言人表示，有關歌曲近期多次被錯誤表述為「香港國歌」，對國家和特區造成嚴重損害，有關申請是必要、合理和合法。
The Department of Justice filed an application with the High Court on Monday (the 5th), seeking an injunction prohibiting the public from broadcasting, performing or disseminating the song ‘Glory to Hong Kong’ on any platform. The application stated that disseminating the song with the intention of inciting others to split the country would violate the National Security Law. It also said the song could be mistaken for Hong Kong’s ‘national anthem’, with an intention to insult the national anthem, in breach of the National Anthem Ordinance. The application included links to 32 related YouTube videos and sought to require the relevant people to stop disseminating the song. They included a sign-language version, a Chinese orchestral ensemble version, and versions in English, German and other languages.
6 Jun 2023法庭線#6566
Saying the National Security Committee Exceeded Its Powers by Recommending Refusal of Tim Owen’s Visa, Jimmy Lai Lodges Appeal After Leave for Judicial Review Is Rejected
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲高等法院批准，聘用英國御用大狀 Tim Owen 來港抗辯。律政司不服提上訴，先後被上訴庭、終審法院駁回。全國人大常委會其後應港府提請，就《國安法》釋法，指在危害國安案件批准聘任海外律師前，應先取得特首發出的證明書。
黎智英早前申請司法覆核許可，指國安委建議入境處拒絕向 Tim Owen 批出簽證，僭越《國安法》權力，最終被高院首席法官潘兆初駁回。黎智英不服判決，上周四（1 日）提上訴。根據司法機構網頁，案件尚未有聆訊日期。
Media tycoon Jimmy Lai is charged with “conspiracy to collude with foreign forces.” In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice, dissatisfied with the decision, appealed, but its appeals were successively rejected by the Court of Appeal and the Court of Final Appeal. The Standing Committee of the National People’s Congress subsequently issued an interpretation of the National Security Law at the Hong Kong government’s request, stating that a certificate issued by the Chief Executive should first be obtained before approving the appointment of an overseas lawyer in a case endangering national security.
Lai earlier applied for leave to seek judicial review, arguing that the National Security Committee had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to grant Tim Owen a visa. The application was ultimately rejected by High Court Chief Judge Jeremy Poon. Dissatisfied with the judgment, Lai lodged an appeal last Thursday (the 1st). According to the Judiciary’s website, no hearing date has yet been set.
6 Jun 2023獨媒#6567
National Security Department arrests six over forged signatures; two also suspected of posting messages with seditious intent
警務處國家安全處今日（6日）拘捕6人，指他們涉嫌串謀在文件上偽造簽署，其中一男一女另涉及「作出具煽動意圖的作為」，多次透過社交平台發布具有煽動意圖的訊息，內容涉及煽動他人引起對中央及香港特區政府的憎恨、支持香港獨立，以及鼓吹武力對抗等。
The Police Force’s National Security Department arrested six people today (6th), alleging that they conspired to forge signatures on documents. A man and a woman among them were also suspected of “doing acts with seditious intent” by repeatedly posting messages with seditious intent on social media, including inciting others to develop hatred towards the Central Government and the Hong Kong SAR Government, supporting Hong Kong independence, and advocating armed resistance.
5 Jun 2023獨媒#6557
[June 4 34] All four arrested on June 3 granted bail, including Ka Yee (1980) Lau and Sam Muk
警方在六四前夕的6月3日，在銅鑼灣拘捕4人，包括前支聯會義工關振邦、香港天安門母親成員劉家儀，以及行為藝術家三木（陳式森），涉「作出具煽動意圖的作為」及「在公眾地方行為不檢」，4人於今日皆獲准保釋候查，須於七月上旬向警方報到。
Police arrested four people in Causeway Bay on June 3, the eve of June 4, including former Hong Kong Alliance volunteer Kwan Chun-bong, Hong Kong Tiananmen Mothers member Ka Yee (1980) Lau, and performance artist Sam Muk (Chan Sik-sum). They were suspected of “doing an act with seditious intent” and “disorderly conduct in a public place”. All four were granted bail today pending investigation and must report to police in early July.
4 Jun 2023獨媒#6549
【June 4 34】Chow Hang-tung fasts for 34 hours in prison: “Where there is candlelight, there is Victoria Park”
因涉支聯會顛覆國家政權案還柙的前支聯會副主席鄒幸彤，其支持者設立的專頁「小彤群抽會」昨日表示，鄒幸彤將於獄中絕食34小時，附上的圖片寫有「哪裡有燭光，哪裡就是維園」。
The page “Siu Tung Kwan Chau Wui”, set up by supporters of former Alliance in Support of Patriotic Democratic Movements of China vice-chair Chow Hang-tung, who is remanded in custody over the case involving subversion of state power, said yesterday that Chow would fast for 34 hours in prison. The accompanying image said: “Where there is candlelight, there is Victoria Park.”
2 Jun 2023法庭線#6535
47 Democrats Case｜Judge rules “co-conspirator principle” does not apply to conduct before National Security Law took effect
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（2 日）展開第 62 天審訊。控辯雙方就「共謀者原則」法律爭議陳詞共 3 日後，3 名高院《國安法》指定法官裁定，「共謀者原則」不適用於 2020 年 7 月 1 日《國安法》生效前共謀者的言行，而該些言行只可為「非傳聞證供目的」呈堂。
換言之，該日期前被指為共謀者、屬「傳聞證據」的相關言行，可用作證明言行曾經發生，但控方不能將內容當成事實依賴，以指證被告違反指明控罪。法官又強調，上述裁決未就證據比重達決定，而裁決理據押後頒布。
黃碧雲、林卓廷及何桂藍等被告的代表大狀指，將就「毋須答辯」（no case to answer）陳詞。法官下令控辯於指定日子呈交書面陳詞，並押後至下周四（8 日）再開庭處理。
The 62nd day of the trial of 47 democrats accused of conspiracy to subvert state power began on Friday (2nd). After three days of submissions by the prosecution and defence on the legal dispute over the “co-conspirator principle”, three High Court judges designated under the National Security Law ruled that the principle does not apply to the conduct of co-conspirators before the National Security Law took effect on 1 July 2020. Such conduct may only be admitted for a “non-hearsay purpose”.
In other words, relevant conduct before that date allegedly involving co-conspirators, which constitutes “hearsay evidence”, may be used to prove that the conduct occurred, but the prosecution cannot rely on its content as fact to establish that the defendants committed the specified offences. The judges also stressed that the ruling did not determine the weight of the evidence, and that the reasons for the ruling would be issued later.
Representing defendants including Helena Wong, Lam Cheuk-ting and Gwyneth Ho, senior counsel said they would make submissions on “no case to answer”. The judges ordered the prosecution and defence to file written submissions on the dates specified, and adjourned the proceedings until next Thursday (8th).
2 Jun 2023法庭線#6537
23-year-old mainland law PhD student charged with sedition over memorial for July 1 stabbing suspect Leung Kin-fai; denied bail
今年元旦，一名 23 歲中大法律系博士生，被指在銅鑼灣崇光百貨外展示七一刺警案疑兇梁健輝的素描，並在地上擺放蠟燭及花束悼念，被控一項「作出一項或多項具煽動意圖的作為」罪，案件周五（2日）在西九龍裁判法院提堂。被告暫毋須答辯，《國安法》指定法官羅德泉應控方要求，押後本案至 7 月 28 日提堂，以待警方進一步調查。被告申請保釋被拒，須還押候訊。
女被告手持文件、束馬尾、戴上眼鏡，身穿一件黑衛衣，印有 Winnie the Pooh 手持白紙的圖案；另她應訊時獲普通話翻譯協助，不時望向旁聽席。被告聽畢控罪後，以普通話說出：「明白」。
On New Year’s Day this year, a 23-year-old Chinese University law PhD student was accused of displaying a sketch of Leung Kin-fai, the suspect in the July 1 police stabbing case, outside SOGO department store in Causeway Bay and placing candles and a bouquet on the ground as a memorial. She was charged with one count of “doing one or more acts with seditious intention”. The case was brought before the West Kowloon Magistrates’ Courts on Friday (the 2nd). The defendant was not required to enter a plea. At the prosecution’s request, Lo Tak-chuen, a designated judge under the National Security Law, adjourned the case to July 28 for further police investigation. Her bail application was rejected and she was remanded in custody pending the next hearing.
The female defendant carried documents, wore her hair in a ponytail and had on glasses and a black sweatshirt featuring Winnie the Pooh holding a blank sheet of paper. She was assisted by a Putonghua interpreter during the hearing and occasionally looked towards the public gallery. After hearing the charge, she said in Putonghua: “Understood.”
1 Jun 2023法庭線#6533
47-person case | Dispute over co-conspirator principle: Prosecution gives dates defendants joined conspiracy; defence says listing a string of dates is unacceptable
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（6 月 1 日）展開第 61 天審訊，控辯繼續就「共謀者原則」法律爭議陳詞。控方應法官要求，書面交代指稱各被告，以及黎敬輝、蔡澤鴻與郭榮鏗 3 名被指為共謀者，加入本案串謀的時間點。
法官提出質疑，其中指出黎敬輝出席協調會議是他作為「民動」員工的工作範疇，質疑單憑控方所指，不足以確立黎是共謀者。鄒家成一方指控方列「一堆日子」供官選擇，而非明確提出各人加入的時間點，做法不可接受。
吳政亨一方指吳沒意圖加入戴耀廷的串謀。黃碧雲、林卓廷、鄭達鴻及梁國雄的代表大狀，則指控方應用「共謀者原則」的證據不足。案件周五續，料法官會就法律爭議作出裁決。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 61st day on Thursday (June 1), with the prosecution and defence continuing to make submissions on the legal dispute over the “co-conspirator principle”. At the judges’ request, the prosecution set out in writing the points in time when it alleged that each defendant, as well as Luke Lai King-fai, Chak Hung Choy and Kwok Wing-kin—three people alleged to be co-conspirators—joined the conspiracy in this case.
The judges raised questions, including whether Luke Lai King-fai’s attendance at coordination meetings fell within the scope of his work as an employee of “Power for Democracy”, and questioned whether the prosecution’s allegations alone were sufficient to establish Lai as a co-conspirator. The side representing Chow Ka-shing said the prosecution had listed “a whole bunch of dates” for the court to choose from, rather than clearly identifying when each person joined, and that this was unacceptable.
The side representing Ng Ching-hang said Ng had no intention of joining Tai Yiu-ting’s conspiracy. Counsel representing Wong Pik-yin, Lam Cheuk-ting, Cheng Tat-hung and Leung Kwok-hung said the evidence was insufficient for the prosecution to invoke the “co-conspirator principle”. The case will continue on Friday, when the judges are expected to rule on the legal dispute.
30 May 2023法庭線#6517
Jimmy Lai national security case: prosecution adds experts on legal impact of sanctions; trial expected to exceed 80 days
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」罪，原訂 2022 年 12 月 1 日開審，行政長官李家超提請人大釋法，以釐清參與國安案律師資格，終押至 2023 年 9 月 25 日開審。辯方早前申請永久終止聆訊，被 3 名《國安法》指定法官一致駁回，案件周二（30 日）在高等法院進行案件管理聆訊。
庭上透露，控方將傳召 6 名關鍵證人，另於近日新增兩名專家證供，講述使用社交媒體及制裁的法律影響。法官李運騰推算，控方舉證、連同辯方案情、雙方結案陳詞等，預料審期會由原訂 40 天，增至 83 個工作天，歷時約 4 個月。
辯方關注，從近日另一案件可見，控方於審訊中途新增證據，猶如「搬龍門（shifting goal post)」，要求控方承諾不會於本案出現類似情況。法官則提醒辯方，如對新增證據有爭議，需於 8 月初或之前告知法庭。法官杜麗冰又指，法庭相當希望本案如期開審，但李運騰正審理 47 人初選案，辯方及控方團隊在兩案中亦有重疊，現時只能心存希望。案件押後至 8 月 18 日進行預審。
Next Media founder Jimmy Lai and three companies related to Apple Daily have been charged with conspiracy to collude with foreign forces. The trial was originally scheduled to begin on 1 December 2022, but was eventually postponed to 25 September 2023 after Chief Executive John Lee Ka-chiu asked the National People's Congress to interpret the law to clarify lawyers' eligibility to participate in national security cases. Three judges designated under the National Security Law unanimously rejected the defence's earlier application for a permanent stay of proceedings. The case was heard at a case-management hearing at the High Court on Tuesday (the 30th).
The court was told that the prosecution would call six key witnesses and had recently added two expert witnesses to give evidence on the legal implications of using social media and sanctions. Judge Li Wan-tang estimated that the prosecution's evidence, together with the defence case and closing submissions by both sides, would increase the trial from the original 40 days to 83 working days, lasting about four months.
The defence expressed concern that, as seen in another recent case, the prosecution had added evidence midway through the trial, amounting to “shifting goal post”, and asked the prosecution to undertake that a similar situation would not arise in this case. The judge reminded the defence that if it disputed any additional evidence, it should inform the court by early August. Judge Esther Toh Lai-ping said the court very much hoped the case could begin as scheduled, but Judge Li Wan-tang was currently hearing the 47-person primary election case, and the defence and prosecution teams in the two cases also overlapped, so for now they could only hope. The case was adjourned to 18 August for a pre-trial hearing.
29 May 2023法庭線#6511
Jimmy Lai National Security Case: Defence Seeks Permanent Stay of Proceedings, Unanimously Rejected by Three Designated Judges
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」罪，原訂於 2022 年 12 月 1 日開審，行政長官李家超提請人大釋法，以釐清參與國安案律師資格，終押至 2023 年 9 月開審。辯方早前申請永久終止聆訊，指委任「指定法官」過程不透明及缺乏保障，又指英國御用大狀 Tim Owen 遭政府「惡意」阻礙來港抗辯。《國安法》指定法官杜麗冰、李素蘭及李運騰周一（29 日）在高等法院頒下判詞，一致駁回黎智英的申請。
判詞指，司法人員任命均由「司法人員推薦委員會」建議，故行政長官在任命指定法官一事，並無絕對決定權。法官又指，指定法官與其他法官一樣，均須嚴守司法誓言，而法庭聆訊一般公開進行，會公開宣布裁決理由，被告可就定罪提出上訴，本案亦無證據證明國安委惡意行事（no evidence of bad faith）。
判詞特別提到，在高院原訟庭、上訴庭及終院共有 7 名指定法官，在處理 Tim Owen 來港抗辯一事上，曾頒下對黎有利的裁決，足以證明本港司法獨立毋容置疑。而本案其中一位法官李運騰，亦曾批准黎智英保釋，即使最終被上級法院推翻，他仍可繼續處理國安案件。
Media tycoon Jimmy Lai and three companies associated with Apple Daily were charged with conspiracy to collude with foreign powers. The trial was originally scheduled to begin on 1 December 2022, but was postponed until September 2023 after Chief Executive John Lee sought an interpretation by the National People’s Congress Standing Committee to clarify lawyers’ eligibility to participate in national security cases. The defence had earlier applied for a permanent stay of proceedings, arguing that the appointment process for designated judges was opaque and lacked safeguards, and that the government had “maliciously” obstructed British King’s Counsel Tim Owen from coming to Hong Kong to defend Lai. The designated judges under the National Security Law, Esther T. M. Chan, Susana Maria D'Almada Remedios and Alex Lee Yuen-tung, handed down their judgment at the High Court on Monday (29th), unanimously rejecting Lai’s application.
The judgment said that the appointment of judicial officers was recommended by the Judicial Officers Recommendation Commission, and therefore the Chief Executive did not have absolute decision-making power over the appointment of designated judges. The judges also said that designated judges, like other judges, were required to strictly observe their judicial oaths; court hearings were generally conducted in public; reasons for decisions would be publicly announced; and a defendant could appeal against a conviction. There was also no evidence that the National Security Committee had acted in bad faith (no evidence of bad faith).
The judgment specifically noted that seven designated judges in the High Court’s Court of First Instance, Court of Appeal and Court of Final Appeal had previously delivered rulings favourable to Lai in dealing with Tim Owen’s application to come to Hong Kong to defend him, sufficiently demonstrating that Hong Kong’s judicial independence was beyond doubt. One of the judges in the present case, Alex Lee Yuen-tung, had also granted Lai bail. Although that decision was ultimately overturned by a higher court, he could continue to handle national security cases.
Translations are supplied by the source workbook. Consult the original reporting for context.
