8 May 2023法庭線#6415
47-person case | Defence asks about blanket veto of budget bills; Chung Kam-lun says vetoing them to fight for five demands was “closer to the actual circumstances”
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（8 日）展開第 54 天審訊。辯方大狀 Trevor Beel 問及戴耀廷的計劃是否「一刀切地」無差別否決預算案，鍾錦麟答稱「我反而覺得你原先嘅講法一係為咗爭取五大訴求而去否決預算案，呢個係比較貼近實際嘅情況。」
鍾亦完成 3 日作供，共 10 名被告沒有作出盤問，而控方亦沒覆問。此外，法官批准控方為一名證人申請匿名令，該名證人將在屏風後作供。控方亦讀出黃碧雲、林卓廷及何桂藍的兩份修訂承認事實，其中何的版本新增她於 2020 年被 DQ 的經過。
The trial of 47 pro-democracy defendants charged with “conspiracy to subvert state power” entered its 54th day on Monday (the 8th). Defence counsel Trevor Beel asked whether Tai Yiu-ting’s plan was to “indiscriminately” veto budget bills across the board. Chung Kam-lun replied: “I rather think that your original formulation—that the budget bills were to be vetoed in order to fight for the five demands—is closer to the actual circumstances.”
Chung also completed three days of testimony. Ten defendants did not conduct cross-examination, and the prosecution did not re-examine him. In addition, the judge approved the prosecution’s application for an anonymity order for a witness, who will testify behind a screen. The prosecution also read out two sets of amended admitted facts involving Wong Pik-wan, Lam Cheuk-ting and Ho Kai-lai; Ho’s version added details of her being DQ’d in 2020.
6 May 2023獨媒#6411
Chris Tang says seizure of Pillar of Shame not due to proximity to June 4: “It wasn’t a special consideration”
警方國安處昨（5日）在元朗檢走「國殤之柱」，作為調查一宗涉及「煽動他人顛覆國家政權罪」的證物。保安局局長鄧炳強今早在電台節目表示，不方便評論個別案件，惟強調警方調查案件「鍥而不捨」，並以法律和法庭程序為依歸。他否認有關行動是出於臨近六四：「唔係話一個特別嘅考量，總之我哋調查去到呢個階段，而採取一個行動。」
The Police National Security Department seized the Pillar of Shame in Yuen Long yesterday (5th) as evidence in an investigation involving the offence of “inciting others to subvert state power”. Secretary for Security Chris Tang said on a radio programme this morning that it was not convenient to comment on individual cases, but stressed that the police investigate cases “relentlessly” and are guided by the law and court procedures. He denied that the action was taken because June 4 was approaching, saying: “It wasn’t a special consideration. In any event, our investigation had reached this stage, and we took action.”
6 May 2023法庭線#6412
The Witness compiles key points from Chung Pui-kuen’s 36 days of testimony in Stand News sedition case
《立場新聞》被控「串謀發布煽動刊物罪」，為 1997 年後首宗傳媒被控煽動案的審訊，2022 年 10 月開審至今歷 52 日審訊，前總編輯鍾沛權在 4 月初完成 36 日作供。另一被告、前署任總編輯林紹桐不作供亦不傳召證人，案件押至 6 月 19 日結案陳詞。
鍾沛權作供所牽涉的議題眾多，除了涉案文章，還有特刊《立誌》、新聞原則、編輯室運作、個人政治立場，以及他面對《立場》最後掙扎的心路歷程。控辯雙方在盤問、覆問期間，分別呈遞逾 200 份新文件，辯方余若薇一度在庭上表示，外界以為本案涉及百篇文章，她澄清涉案文章只有 17 篇。
究竟控方如何指控文章煽動？控辯雙方為何呈遞多篇新文章？在鍾沛權眼中，新聞又是怎樣一回事？《法庭線》整理鍾沛權連日供詞重點，讓讀者更易掌握審訊進展。
The trial of Stand News, charged with conspiracy to publish seditious publications, is the first prosecution of a media organisation for sedition since 1997. The trial began in October 2022 and has lasted 52 days so far. Former editor-in-chief Chung Pui-kuen completed 36 days of testimony in early April. The other defendant, former acting editor-in-chief Lam Siu-tung, will not testify or call witnesses. The case has been adjourned until 19 June for closing submissions.
The issues covered in Chung’s testimony were wide-ranging. In addition to the articles in the case, they included the special publication “Lizhi”, journalistic principles, newsroom operations, his personal political stance, and his thoughts and experiences as he faced Stand News’ final struggles. During cross-examination and re-examination, the prosecution and defence each submitted more than 200 new documents. Defence counsel Audrey Eu said in court at one point that although the public believed the case involved more than 100 articles, she clarified that there were only 17 articles in the case.
How did the prosecution argue that the articles were seditious? Why did both sides submit so many new articles? And what did news mean to Chung Pui-kuen? The Witness has compiled the key points from Chung’s testimony over the course of the trial to help readers follow its progress.
5 May 2023法庭線#6405
47 Democrats case | Chung Kam-lam says he privately voiced concern that indiscriminate budget veto could lead to disqualification; Benny Tai said he would not make such a request
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（5 日）展開第 53 天審訊，鍾錦麟在控方主問下，提及曾於 2020 年 4 月新東首次協調會議後，「拉咗戴耀廷埋一邊」，私下對戴表示憂外面風聲說若無差別否決財政預算案，或致所有人遭取消參選資格。鍾並引述戴當時稱，「唔會要求大家去無差別咁否決…我講明係基本法嘅權力，就唔會有問題喇掛？」
鍾又供稱，同年 5 月尾，戴約見他和其他區議會主席討論初選票站，並指戴席上提及「所有嘅初選協調已經係完成咗，同埋係有共識喇」。此外，鍾供稱何桂藍在新東會議上自我介紹是「立場姐姐」時，何兩度在被告席大叫「肯定無！」
The 53rd day of the trial in which 47 pro-democracy figures are charged with conspiracy to subvert state power began on Friday (the 5th). Under questioning by the prosecution, Chung Kam-lam said that after the first New Territories East coordination meeting in April 2020, he had “pulled Benny Tai aside” and privately expressed concern over rumours that indiscriminately vetoing the budget could result in everyone being disqualified from standing for election. Chung quoted Tai as saying at the time: “I won’t ask everyone to veto it indiscriminately ... I’ve made clear that it is a power under the Basic Law, so there shouldn’t be a problem, right?”
Chung also testified that at the end of May that year, Tai met him and other district council chairmen to discuss polling stations for the primary, and said during the meeting that “all the coordination for the primary had already been completed, and there was consensus.” Chung further testified that when Gwyneth Ho introduced herself as “Stance Sister” at a New Territories East meeting, Ho twice shouted “Definitely not!” from the dock.
5 May 2023獨媒#6407
Pillar of Shame seized by national security police; creator calls it absurd, says Hong Kong government allowed it to stand for years
警方國安處表示，今日早上持法庭手令採取行動，檢取一件與「煽動他人顛覆國家政權罪」有關的證物。據了解，證物就是「國殤之柱」。「國殤之柱」創作者丹麥雕塑家高志活回覆《獨媒》，批評事件無法接受，他指雕塑是自己的藝術項目，亦是他的個人決定，沒有人煽動他將雕塑豎立在港大，所有費用由他個人支付。他難以理解為何雕塑成為《國安法》案件證物。
The police’s National Security Department said it took action this morning under a court warrant to seize an item of evidence related to the offence of inciting others to subvert state power. The evidence is understood to be the Pillar of Shame. Danish sculptor Jens Galschiøt, the creator of the Pillar of Shame, told InMediaHK that the incident was unacceptable. He said the sculpture was his own art project and a personal decision, that no one had incited him to erect it at the University of Hong Kong, and that he had paid all the costs himself. He said he found it difficult to understand why the sculpture had become evidence in a National Security Law case.
5 May 2023獨媒#6408
National Security Department seizes ‘Pillar of Shame’ as evidence, says it is linked to ‘inciting subversion of state power’ case
豎立在香港大學逾20年的「國殤之柱」，前年12月尾被港大校委會決定清走，校方漏夜拆件並放入貨櫃，放置在石崗港大嘉道理中心。警方國安處表示，今日早上持法庭手令採取行動，檢取一件與「煽動他人顛覆國家政權罪」有關的證物。據了解，證物就是「國殤之柱」。
The ‘Pillar of Shame’, which had stood at the University of Hong Kong for more than 20 years, was decided by the university’s governing council to be removed in late December the year before last. The university dismantled it overnight, put the pieces in a container and stored it at the Kadoorie Centre in Shek Kong. The Police National Security Department said it took action this morning with a court warrant to seize an item of evidence related to the offence of inciting others to subvert state power. It is understood that the evidence was the ‘Pillar of Shame’.
5 May 2023獨媒#6409
‘Pillar of Shame’ seized by National Security Department; creator calls it absurd, says Hong Kong government allowed it to stand for years
警方國安處表示，今日早上持法庭手令採取行動，檢取一件與「煽動他人顛覆國家政權罪」有關的證物。據了解，證物就是「國殤之柱」。「國殤之柱」創作者丹麥雕塑家高志活回覆《獨媒》，批評事件無法接受，他指雕塑是自己的藝術項目，亦是他的個人決定，沒有人煽動他將雕塑豎立在港大，所有費用由他個人支付。他難以理解為何雕塑成為《國安法》案件證物。
The National Security Department said police took action this morning under a court warrant to seize an item of evidence related to the offence of inciting others to subvert state power. The item is understood to be the ‘Pillar of Shame’. Danish sculptor Jens Galschiøt, its creator, told The Independent Media that the incident was unacceptable. He said the sculpture was his own art project and a personal decision, that no one had incited him to erect it at the University of Hong Kong, and that he had paid all the costs himself. He said he found it difficult to understand why the sculpture had become evidence in a National Security Law case.
5 May 2023法庭線#6410
47 Democrats case | Chung Kam-lam says he privately voiced concern that indiscriminate budget veto could lead to disqualification; Benny Tai said he would not make such a demand
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（5 日）展開第 53 天審訊，鍾錦麟在控方主問下，提及曾於 2020 年 4 月新東首次協調會議後，「拉咗戴耀廷埋一邊」，私下對戴表示憂外面風聲說若無差別否決財政預算案，或致所有人遭取消參選資格。鍾並引述戴當時稱，「唔會要求大家去無差別咁否決…我講明係基本法嘅權力，就唔會有問題喇掛？」
鍾又供稱，同年 5 月尾，戴約見他和其他區議會主席討論初選票站，並指戴席上提及「所有嘅初選協調已經係完成咗，同埋係有共識喇」。此外，鍾供稱何桂藍在新東會議上自我介紹是「立場姐姐」時，何兩度在被告席大叫「肯定無！」
The 47 democrats’ case, in which they are charged with “conspiracy to subvert state power”, entered its 53rd day of trial on Friday (5th). Under questioning by the prosecution, Chung Kam-lam said that after the first New Territories East coordination meeting in April 2020, he had “pulled Benny Tai aside” and privately told Tai that he was worried by reports outside that indiscriminately vetoing the budget could result in everyone being disqualified from standing for election. Chung quoted Tai as saying at the time: “I won’t ask everyone to veto it indiscriminately … I’ve made clear that it is a power under the Basic Law, so there shouldn’t be a problem, right?”
Chung also testified that in late May of the same year, Tai met him and other district council chairpersons to discuss polling stations for the primary election, and said during the meeting that “all the coordination for the primary election has already been completed, and there is a consensus.” Chung further testified that when Gwyneth Ho introduced herself as “Stand News sister” at a New Territories East meeting, Ho twice shouted “Definitely not!” from the defendants’ dock.
4 May 2023法庭線#6399
47 Case | Chung Kam-lun begins testimony, says Power for Democracy reached consensus with Benny Tai as early as February 2020 to co-organise primary election
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（4 日）展開第 52 天審訊，控方傳召第三名證人、認罪被告兼「民主動力」副召集人鍾錦麟作供。鍾身穿格子襯衫，外穿西裝外套、牛仔褲出庭。
鍾供稱，「民動」於 2020 年 1 、2 月曾計劃協調 2020 年的立法會換屆選舉，惟「最後係由戴耀廷去主導咗成個協調嘅程序」，又指趙家賢曾冀由「民動」協調，但「無乜人睬佢」。而鍾、趙同年 2 月與戴耀廷會面，並達成共識，「民動」會協助戴領導的初選或協調。
趙家賢早前供稱，「民動」於 2020 年 5 月初獲戴及區諾軒邀請，並於 5 月中後才同意承辦初選。法官周四問鍾，「民動」是否 5 月正式獲委任？鍾答稱，「對於法官呢個講法，我唔係太清楚，所以我無其他嘢可以協助到法庭。」案件周五（5 日）續。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 52nd day on Thursday (4th), when the prosecution called its third witness, pleaded-guilty defendant and deputy convenor of Power for Democracy Chung Kam-lun. Chung appeared in court wearing a checked shirt, blazer and jeans.
Chung testified that Power for Democracy had planned in January and February 2020 to coordinate that year’s Legislative Council election, but that “in the end, Benny Tai took charge of the entire coordination process”. He also said Andrew Chiu had hoped the coordination would be handled by Power for Democracy, but “not many people paid him any attention”. Chung and Chiu met Tai in February of the same year and reached a consensus that Power for Democracy would assist with the primary election or coordination led by Tai.
Chiu earlier testified that Power for Democracy was invited by Tai and Au Nok-hin in early May 2020, and only agreed to undertake the primary election after mid-May. On Thursday, Judge asked Chung whether Power for Democracy had been formally appointed in May. Chung replied: “As for the judge’s description, I’m not very clear about it, so I have nothing else that I can assist the court with.” The case continues on Friday (5th).
2 May 2023法庭線#6390
National security case against Jimmy Lai: Defence seeks permanent stay, says blocking Tim Owen from coming to Hong Kong was “persecution, not prosecution”
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」等罪。案件不設陪審團，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。
辯方申請永久終止聆訊，周二（2 日）在高等法院審理。辯方指委任「指定法官」過程不透明及缺乏保障，造成表面偏頗，影響公眾觀感。他又指，英國御用大狀 Tim Owen 遭政府「惡意」阻礙來港抗辯，形容「是逼害不是檢控」。控方則指，辯方提出嚴重指控，且無證據支持，重申政府沒有行為不當。3 名法官聽畢雙方陳詞，將於一個月內宣判，期間候黎智英另一宗司法覆核案裁決。
Media tycoon Jimmy Lai and three companies linked to Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. The case is being heard without a jury. It was originally scheduled to begin on 1 December 2022, but was postponed until September 2023 after Chief Executive John Lee Ka-chiu asked the National People’s Congress Standing Committee to interpret the law to clarify the eligibility of lawyers to participate in national security cases.
The defence applied for a permanent stay of proceedings. The application was heard in the High Court on Tuesday (2nd). The defence said the process of appointing the “designated judges” was not transparent and lacked safeguards, creating an appearance of bias and affecting public perception. It also said the government had “maliciously” obstructed British King’s Counsel Tim Owen from coming to Hong Kong to defend Lai, describing the matter as “persecution, not prosecution”. The prosecution said the defence had made serious allegations without evidence to support them, and reiterated that the government had not acted improperly. After hearing submissions from both sides, the three judges said they would hand down their decision within a month, pending the judgment in another judicial review brought by Lai.
Translations are supplied by the source workbook. Consult the original reporting for context.
