7 Feb 2023法庭線#6019
47-person case | Several people at front of queue outside court on opening day absent from main courtroom most of the time; elderly woman asks where to collect money after hearing
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」案，周一（6 日）開審。清早近 7 時，有逾百人在西九龍裁判法院外排隊，有人帶備摺椅、睡袋及被鋪。記者發現，數名排隊頭女子在開審前收拾蒸餾水紙箱等物品離開，正庭大部分時間不見其人。記者問其中一人旁聽甚麼案件，對方稱「唔回應」。
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” over organising and participating in a primary election began on Monday (the 6th). Shortly before 7am, more than 100 people queued outside the West Kowloon Magistrates’ Courts. Some brought folding chairs, sleeping bags and quilts. The reporter found that several women at the front of the queue packed up boxes of distilled water and other items and left before the trial began, and were absent from the main courtroom for most of the time. When the reporter asked one of them which case she was attending, she said, “No comment.”
7 Feb 2023法庭線#6021
47-case | Day Two of Trial: More Than 10 People Leave Before Hearing After Queuing for Tickets; Man Claims He Was Paid $1,500 to Arrange Several People to Queue
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」罪一案，周二（7 日）踏入第二日審訊，西九法院外一連兩日清早均見逾百人輪候。《法庭線》記者發現 10 多名排隊人士，在取籌號後在法院短暫逗留，然後於開庭前離開。期間，有人在法院內持籌號拍照。
記者尾隨排隊頭的 5 人，部分不回應問題，其後在法院外不遠處與另一名男子會合。該男子與記者短暫交談，聲稱「我哋都係接 order…我負責帶幾個人嚟㗎啫」，他稱通宵排隊每人可獲 1,000 元，而自己可獲 1,500 元，惟「唔清楚」誰出錢。
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power over their alleged involvement in organising and participating in a primary election entered its second day on Tuesday (7th). More than 100 people were seen queuing outside the West Kowloon Court early in the morning for the second consecutive day. The Courtline reporter found that more than 10 people who had queued left after obtaining queue numbers, having briefly stayed at the court, and before the hearing began. During this period, someone was seen taking a photograph of a queue number inside the court.
The reporter followed the first five people in the queue. Some declined to answer questions. They later met another man a short distance from the court. The man briefly spoke with the reporter, saying, “We’re all just taking orders… I’m only responsible for bringing a few people here.” He said each person could receive $1,000 for queuing overnight, while he could receive $1,500, but he was “not clear” who was paying.
7 Feb 2023法庭線#6022
47-person case | Prosecution says Dai Yaoting saw 35+ as a means to achieve “lam chau”; under-table footage of coordination meeting played in court
控方在庭上播放一段戴耀廷出席新界西選區協調會議的發言片段，影片大部分時間在枱底拍攝，鏡頭晃動，偶而舉起拍到戴的面貌，控方未有說明片段來源。戴耀廷在會上提到，部分選區已達成共識，包括無差別否決預算案、初選落敗後不會參選等。
控方又指，戴耀廷視爭取 35+ 為手段，以實現五大訴求及「攬炒」，最終引致政府停擺、西方制裁中共。而初選參加者，則透過 3 份關鍵文件，展示他們推動計劃的決心。其中由鄒家成、張可森及梁晃維草擬的《墨落無悔》聲明書，指為爭五大訴求，會無差別否決預算案。控方指，可證明簽署者為求達成目的「不顧法律後果」。
The prosecution played in court a clip of Dai Yaoting speaking at a coordination meeting for the New Territories West constituency. Most of the footage was filmed from under a table, with a shaking camera that was occasionally raised to capture Dai’s face. The prosecution did not explain the source of the clip. At the meeting, Dai mentioned that consensus had been reached in some constituencies, including indiscriminately vetoing the budget and not standing for election after losing the primary, among other points.
The prosecution also said Dai viewed securing 35+ as a means of achieving the Five Demands and “lam chau”, ultimately resulting in a government shutdown and Western sanctions against the Chinese Communist Party. Primary participants demonstrated their determination to advance the plan through three key documents. The declaration 《No Regrets Once the Ink Is Down》, drafted by Chow Ka-shing, Ho Sum Cheung and Leung Wong-wai, stated that the budget would be indiscriminately vetoed in pursuit of the Five Demands. The prosecution said this could prove that the signatories were prepared to “disregard the legal consequences” in order to achieve their objective.
6 Feb 2023法庭線#6016
47-case | Prosecution says defendants pledged to indiscriminately veto budget bills to subvert state power; Au Nok-hin, Andrew Chiu and two others to testify
47 名民主派涉組織及參與初選，被控「串謀顛覆國家政權」案，16 名不認罪被告，周一（6日）在西九龍裁判法院（暫代高院）展開第 1 日審訊。16 人連同早前改認罪的林景楠、伍健偉正式答辯。其中認罪伍健偉指，「法官閣下，我顛覆極權國家政權未成功，我認罪，我承認控罪」；不認罪梁國雄則指「對抗暴政無罪，無罪可認」。
控方案情指，戴耀廷發起初選推動「攬炒」議程，旨在取得立法會多數控制權，成為「大殺傷力憲政武器」，迫使政府回應雙普選、釋放政治犯等訴求。其他被告則被指有份組織或參與初選，以實踐串謀計劃，旨在顛覆國家政權。
控方另透露，稍後將傳召 4 名同案被告，區諾軒、趙家賢、鍾錦麟及林景楠作供。
The trial of 16 defendants who pleaded not guilty in the case involving 47 pro-democracy camp figures accused of organising and participating in a primary election, and charged with conspiracy to subvert state power, began on Monday (the 6th) at the West Kowloon Magistrates’ Courts, which is temporarily serving as the High Court. The 16 defendants formally entered their pleas together with Mike Lam King-nam and Ng Kin-wai, who had earlier changed their pleas to guilty. Ng Kin-wai said, "My Lord, I failed to subvert the authoritarian state regime. I plead guilty; I admit the charge." Leung Kwok-hung, who pleaded not guilty, said, "There is no crime in opposing tyranny; there is no guilt to plead."
The prosecution alleges that Benny Tai initiated the primary election to promote a “laam chau” agenda, aiming to secure majority control of the Legislative Council and turn it into a “weapon of mass constitutional destruction” to force the government to respond to demands including universal suffrage and the release of political prisoners. The other defendants are alleged to have helped organise or participate in the primary election to implement the conspiracy, with the aim of subverting state power.
The prosecution also revealed that it would later call four co-defendants—Au Nok-hin, Andrew Chiu Ka-yin, Chung Kam-lun and Mike Lam King-nam—to testify.
5 Feb 2023法庭線#6012
47-defendant case | First conspiracy-to-subvert-state-power case: 16 plead not guilty and stand trial; 32 remanded for over 700 days
案件圍繞 2020 年 7 月，民主派就立法會換屆選舉所籌辦的一場初選；16 名被告分別屬於新界東、港島等 4 個地區，以及醫療衞生和超區 2 個功能界別，而吳政亨並非參選人（見內文表）。控方指控眾被告串謀旨在顛覆國家政權，以威脅使用武力或其他非法手段嚴重干擾香港政權機關依法履行職能。在審前覆核，控方指案中有 3 被告將以「共犯證人」身份作供，惟未透露名字。31 名認罪被告將於審訊後判刑。
本案是《港區國安法》下「串謀顛覆國家政權」罪首案，若罪成將按三級罰則，「首要分子」最高可判處終身監禁。此外，47 名被告 2021 年 3 月初首度提堂，至今 13 人獲准保釋；餘下 34 人還押，截至開審日，當中 32 人已還押逾 700 天。
The case centres on a primary organised by the pro-democracy camp in July 2020 for the Legislative Council election. The 16 defendants are from four geographical constituencies, including New Territories East and Hong Kong Island, and two functional constituencies, Medical and Health Services and the super district council constituency. Ng Ching-hang was not a candidate (see the table in the main article). The prosecution alleges that the defendants conspired to subvert state power by threatening to use force or other unlawful means to seriously interfere with the lawful performance of duties by the organs of power in Hong Kong. At the pre-trial review, the prosecution said that three defendants would testify as accomplice witnesses, but did not disclose their names. The 31 defendants who pleaded guilty will be sentenced after the trial.
This is the first case under the National Security Law involving the offence of conspiracy to subvert state power. If convicted, the defendants will be subject to the three-tier penalty regime, under which principal offenders may be sentenced to life imprisonment. The 47 defendants first appeared in court in early March 2021. To date, 13 have been granted bail, while the remaining 34 have been remanded in custody. As of the start of the trial, 32 of them had been remanded for more than 700 days.
3 Feb 2023法庭線#6005
Stand News sedition case | Prosecution allowed to submit over 400 pages of documents, saying they will aid Chung Pui-kuen’s memory; defence fears prosecution basis will be broadened
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周五（3 日）於區域法院踏入第 26 日審訊。
控方繼續盤問鍾沛權前，再呈遞橫跨 4 年的時序表，以及逾 400 頁新文件，指能協助鍾記憶當時的社會背景。辯方資深大律師余若薇反對，批評控方如「走後門」，做法「分分鐘擴闊檢控基礎」，又指本案審訊至今，出現太多「突襲」情況，令她「感到非常惶恐」，擔心未能盡辯護律師的責任，「即使佢哋兩位最終被定罪，成個審訊過程都要公平公正」。
法官郭偉健認為，涉案文章發布的社會背景，是案件不可或缺的因素，控方詢問被告對關鍵時間的認知，是公平及必須的做法，最終裁定控方有權採用新的時序表及文件輔助盤問。案件下周三（8 日）續審，候被告閱讀新文件。
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company to which Stand News belonged, who are charged with conspiracy to publish seditious publications, entered its 26th day at the District Court on Friday (the 3rd).
Before continuing to cross-examine Chung Pui-kuen, the prosecution submitted a chronology spanning four years and more than 400 pages of new documents, saying they could help Chung recall the social background at the time. Senior Counsel Audrey Eu, for the defence, objected, criticising the prosecution for trying to “go through the back door” and saying the approach could “broaden the prosecution basis at any moment”. She also said there had been too many “surprise” situations in the trial so far, leaving her “very apprehensive” and concerned that she might be unable to fulfil her duty as defence counsel. “Even if the two of them are ultimately convicted, the entire trial process must still be fair and just.”
Judge Kwok Wai-kin considered the social background in which the articles were published an indispensable factor in the case. He ruled that the prosecution’s questioning of the defendants’ understanding of the key period was fair and necessary, and ultimately held that the prosecution was entitled to use the new chronology and documents to assist its cross-examination. The trial will resume next Wednesday (the 8th), pending the defendants’ reading of the new documents.
2 Feb 2023法庭線#6000
Kwan Man-on plans to plead guilty to sedition and money laundering; remanded until 25 July for plea
控方申請將「欺詐」罪修訂為「洗黑錢」罪，獲法官郭偉健批准。辯方稱已與控方達成共識，被告將承認「煽動意圖行為」罪，及經修訂後的「洗黑錢」罪，並透露涉案金額逾 70 萬元。辯方亦不反對「可變現財產充公令」，充公被告約 37 萬元金額。
The prosecution’s application to amend the charge of fraud to money laundering was approved by Judge Kwok Wai-kin. The defence said it had reached an agreement with the prosecution that the defendant would plead guilty to the offence of doing an act with seditious intent and the amended money-laundering charge, and disclosed that the amount involved exceeded $700,000. The defence also did not oppose a confiscation order for realizable property, under which about $370,000 belonging to the defendant would be confiscated.
31 Jan 2023法庭線#5991
Court spectator incitement case | Woman in her sixties abandons conviction appeal and begins serving three-month sentence immediately
YouTube 頻道「牧師和你顛」創辦人彭滿圓及六旬婦，被指在 2022 年 1 月旁聽「鄒幸彤六四集結案」時拍手及叫囂，被控「發表煽動文字」等罪。當中六旬婦於 2022 年 10 月裁定罪名成立，判監 3 個月。
Peng Man-yuen, founder of the YouTube channel “Pastor and You Go Crazy”, and a woman in her sixties were accused of clapping and shouting while attending the hearing of the “Chow Hang-tung June 4 assembly case” in January 2022. They were charged with “publishing seditious words” and other offences. The woman was convicted in October 2022 and sentenced to three months’ imprisonment.
28 Jan 2023大城誌#5983
Stand News case: Prosecution opening submissions repeatedly use phrases such as “purpose is self-evident” and “purpose is apparent without being stated”
《立場新聞》涉串謀發布煽動刊物案，被告前總編輯鍾沛權昨日作供時指出，控方的開案陳詞經常用「不言而喻」這些說法，透過一些聯想和猜測來進行刑事檢控，因而令人還押，因而令傳媒機構關閉，質疑這對言論自由的寒蟬效應和打壓大得不成比例。控方回應說，檢控是根據證據，而「不言而喻」是指顯而而見，不用說也知道的事。
In the case involving the alleged conspiracy to publish seditious publications by Stand News, former editor-in-chief Chung Pui-kuen testified yesterday that the prosecution frequently used expressions such as “self-evident” in its opening submissions, conducting a criminal prosecution through associations and speculation. He said this had resulted in people being remanded in custody and the media organisation being forced to close, and questioned whether the chilling effect and suppression of freedom of expression were disproportionate. The prosecution responded that the prosecution was based on the evidence, and that “self-evident” referred to something obvious and known without needing to be stated.
27 Jan 2023法庭線#5978
Stand News sedition case | Prosecution cites employee card bearing “A Single Spark”, says it could evoke Spark Alliance Fund
前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐，及《立場》所屬公司被控「串謀發布煽動刊物罪」案，周五（27 日）於區域法院踏入第 25 日審訊。
鍾沛權在盤問下供稱，每位入職《立場》的員工，都可揀選四字印上卡片。控方指有人選擇「星星之火」，令人聯想與「星火基金」有關，語畢旁聽席一片嘩然。鍾沛權供稱，有關安排是希望提供空間，讓員工表達「自我期許」，又指若透過聯想進行刑事檢控，對言論自由的寒蟬效應，大得不符比例。鍾又指，控方的提問令他感到詫異，「點解刑事檢控攞出嚟嘅證據咁薄弱之餘，係加諸咁多聯想、猜測？」
The trial of former Stand News editor-in-chief Chung Pui-kuen, former acting editor-in-chief Lam Siu-tong and the company behind Stand News, who are charged with conspiracy to publish seditious publications, entered its 25th day at the District Court on Friday (27th).
Under questioning, Chung Pui-kuen testified that every employee joining Stand News could choose four characters to be printed on a card. The prosecution said one person had chosen “A Single Spark”, which could lead people to associate it with the Spark Alliance Fund. The remark caused an uproar in the public gallery. Chung testified that the arrangement was intended to provide space for employees to express their “self-expectations”. He also said that if criminal prosecutions were brought through associations, the chilling effect on freedom of expression would be disproportionate. Chung added that the prosecution’s questions had left him surprised: “Why is the evidence brought forward for a criminal prosecution so weak, while so many associations and speculations are being added?”
Translations are supplied by the source workbook. Consult the original reporting for context.
