6 Jan 2025法庭線#4391
譚得志煽動案終極上訴周五聆訊 終院安排5本地法官審
People Power former vice-chairman Tam Tak-chi, known as “Quick B”, was accused of making remarks including “Black cops’ whole families die” and “Liberate Hong Kong, revolution of our times” while operating a street booth in 2020. After trial in 2022, he was convicted of 11 offences, including “uttering seditious words”, and sentenced to 40 months’ imprisonment. He has completed that sentence and is serving a separate sentence in the 47-person case. Tam was granted leave to bring a final appeal against his convictions, disputing whether sedition offences must be tried by a jury and whether an intention to incite violence must be proved. The case will be heard this Friday (10th), and is the first sedition case in Hong Kong to reach the Court of Final Appeal on appeal.
The Judiciary’s website shows that the case will be heard by five local judges: Chief Justice Andrew Cheung, permanent judges Frank Stock, Joseph Fok and Lam Man-hon, and non-permanent judge Patrick Siu Oi Chan. No overseas non-permanent judge will take part. The lineup is the same as in the “Lui Sai Yu case” and the case concerning the Hong Kong Alliance in Support of Patriotic Democratic Movements of China’s refusal to provide information.
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，2022 年經審訊後被裁定「發表煽動文字」等 11 罪成，判囚 40 個月，已服畢刑期（另就 47 人案正服刑）。譚不服定罪上訴獲批終極上訴許可，爭議煽動罪須否由陪審團審訊、證明煽暴意圖，案件將於本周五（10 日）聆訊，是本港首宗上訴至終審法院的煽動罪案件。
司法機構網頁顯示，案件將由 5 名本地法官審理，分別為首席法官張舉能，3 名常任法官李義、霍兆剛、林文瀚，以及非常任法官陳兆愷，並沒海外非常任法官參與，名單與「呂世瑜案」、支聯會拒交資料案一致。
19 Dec 2024法庭線#4375
47人案｜辯方提上訴限期周二屆滿 截至周四高院紀錄、律政司確認共14人提出
In the primary-election case involving 47 pro-democracy figures, 45 defendants convicted of conspiracy to subvert state power were sentenced to between four years and two months and 10 years in prison. The deadline for the defence to appeal the convictions and sentences expired on Tuesday (the 17th).
As of Thursday, High Court records showed that 14 defendants had lodged appeals. The 12 who had pleaded not guilty—鄒家成, 吳政亨, 何桂藍, 余慧明, 黃碧雲, 林卓廷, 楊雪盈, Michael Cheuk Kei Pang, 何啟明, 陳志全, 鄭達鴻 and 梁國雄—appealed against both their convictions and sentences. The two who had pleaded guilty—譚得志 and Prince Wong Ji-yuet—appealed against their sentences.
The Department of Justice told The Witness on Thursday evening that it had received notices of applications for leave to appeal from the 14 defendants, concerning their convictions and/or sentences. The Judiciary’s website had not yet listed hearing dates for the appeals.
民主派初選 47 人案，45 名「串謀顛覆國家政權」罪成的被告被判囚 4 年 2 個月至 10 年。辯方提出定罪及刑罰上訴的限期，本周二（17 日）屆滿。
截至周四，高院資料顯示共 14 名被告提出上訴，包括不認罪 12 人鄒家成、吳政亨、何桂藍、余慧明、黃碧雲、林卓廷、楊雪盈、彭卓棋、何啟明、陳志全、鄭達鴻、梁國雄，他們提出定罪及刑罰上訴；以及認罪 2 人即譚得志、黃子悅，他們提出刑期上訴。
律政司周四傍晚回覆《法庭線》，確認收到上述 14 人的上訴許可申請通知書，分別就定罪及或刑罰提出上訴。司法機構網頁暫未顯示上訴的聆訊日期。
18 Dec 2024法庭線#4371
47人案｜黃子悅提刑期上訴 認罪後被判囚4年5個月 至今共14人提上訴
In the pan-democratic primary election 47-person case, 45 convicted defendants were sentenced in November to between 4 years and 2 months and 10 years’ imprisonment. High Court information on Wednesday (18th) showed that Prince Wong Ji-yuet, who pleaded guilty and was sentenced to 4 years and 5 months’ imprisonment, had also lodged an appeal against the sentence. The Judiciary’s website did not yet list a hearing date.
Including Prince Wong Ji-yuet, 14 convicted defendants have so far lodged appeals. The other 13 are Owen Chow Ka-shing, Ng Ching-hang, Gwyneth Ho Kwai-lam, Yu Wai-ming, Helena Wong Pik-wan, Lam Cheuk-ting, Yang Suet-ying, Michael Cheuk Kei Pang, Ho Kai-ming, Ray Chan Chi-chuen, Cheng Tat-hung, Tam Tak-chi and Leung Kwok-hung.
Of the 14, 12 were convicted after trial, while the other two pleaded guilty: Prince Wong Ji-yuet and Tam Tak-chi. During mitigation, Wong and Tam respectively mentioned their involvement in separate cases. After considering the totality of the sentences, the judge said Wong’s riot case would not run concurrently, while Tam received a three-month reduction in relation to the incitement case.
民主派初選 47 人案，45 名罪成被告在 11 月被判囚 4 年 2 個月至 10 年。本周三（18 日）高院資料顯示，選擇認罪、被判囚 4 年 5 個月的黃子悅，亦提出刑期上訴。司法機構網頁暫未顯示聆訊日期。
連同黃子悅，暫時共有 14 名罪成被告提出上訴，其餘 13 人為鄒家成、吳政亨、何桂藍、余慧明、黃碧雲、林卓廷、楊雪盈、彭卓棋、何啟明、陳志全、鄭達鴻、譚得志、梁國雄。
14 人之中，12 人經審訊後定罪，餘下 2 人選擇認罪，分別為黃子悅和譚得志。黃和譚在求情時，分別提及牽涉另案，官考慮量刑整體性後，指不予黃的暴動案同期執行，譚則就煽動案獲 3 個月扣減。
13 Dec 2024法庭線#4356
黎智英案｜Twitter轉發籲制裁帖文 黎稱李兆富犯錯 會為其疏忽負責
Next Digital founder Jimmy Lai is charged with conspiracy to collude with foreign forces and other offences. The case resumed on Friday (the 13th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, marking the 109th day of the trial and the 17th day of Lai’s testimony.
The defence showed that Lai’s aide Mark Simon forwarded him a message from another person saying that a speech by then US Secretary of State Mike Pompeo had drawn on arguments in Lai’s article in The New York Times. It also mentioned that someone was very concerned about Lai’s safety. Lai replied that there was no need to worry, believing that the Chinese Communist Party would not take action against him. Lai testified that he had misjudged the situation at the time, thinking that the Chinese authorities would act cautiously and take the international community’s reaction into consideration, but said this had been wishful thinking on his part.
Separately, in July 2020, Lai’s Twitter account reposted a post by Benedict Rogers, head of Hong Kong Watch, mentioning the disqualification of Civic Party candidates for the Legislative Council election and calling on then UK Foreign Secretary Dominic Raab to add then Chief Executive Carrie Lam to the Magnitsky Act sanctions list. Lai said the post had been reposted by his “disciple”, Li Siu-fu. He said he had not noticed it at the time, but, looking back, acknowledged that it was a mistake and would take responsibility for Li’s negligence.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周五（13 日）在西九龍裁判法院（暫代高等法院）展開第 109 日審訊，黎第 17 日作供。
辯方展示黎助手 Mark Simon 向黎轉發他人訊息後指，美國時任國務卿蓬佩奧的演講，參考了黎在《紐約時報》文章的論點，又提到有人非常擔心黎的安全，黎回覆指不要擔心，認為中共不會對他有所行動。黎供稱，自己當時錯判形勢，以為中方會小心謹慎，考慮國際社會反應，但這是自己一廂情願的想法。
另外，黎 Twitter 於 2020 年 7 月轉發 「香港監察」負責人羅傑斯帖文，提到公民黨立法會參選人被取消資格，呼籲英國時任外相藍韜文將時任特首林鄭月娥「加入馬格尼茨基法案制裁名單」。黎指帖文由「徒弟」李兆富轉發，當時他沒留意，現回看承認是錯誤，會為李的疏忽負責。
13 Dec 2024獨媒#4358
【初選47人案】譚得志、何啟明、鄭達鴻及陳志全提上訴
The 47 people involved in organising and participating in the pro-democracy primary election were charged with conspiracy to subvert state power. Of them, 31 pleaded guilty, while 16 pleaded not guilty and stood trial; 14 were ultimately convicted. Forty-five people were sentenced to between four years and two months and 10 years in prison. Following appeals lodged earlier by eight defendants, four more applied to appeal today. Tam Tak-chi is appealing against his sentence, while Ho Kai-ming, Cheng Tat-hung and Chan Chi-chuen are appealing against both their convictions and sentences.
The deadline for the Department of Justice to apply for a review of the sentences expired on Tuesday, and it had earlier said that it did not intend to apply for a sentence review. However, eight people had previously appealed against their convictions and sentences. All were defendants convicted after trial, including Chow Ka-shing, who was sentenced to seven years and nine months in prison; Wu Ching-hang, sentenced to seven years and three months; Ho Kwai-lam, sentenced to seven years; Lam Cheuk-ting and Yu Wai-ming, each sentenced to six years and nine months; and Wong Pik-wan, Yeung Suet-ying and Michael Cheuk Kei Pang, each sentenced to six and a half years.
47人涉組織及參與民主派初選，被控「串謀顛覆國家政權罪」，當中31人認罪，16人不認罪受審，最終14人罪成。45人被判囚4年2個月至10年。繼早前8名被告提出上訴，今日再多4人申請上訴，其中譚得志就刑期提出上訴，何啟明、鄭達鴻及陳志全則就定罪及刑期提出上訴。
律政司就提出刑期覆核的限期在周二屆滿，日前已表示不擬提出刑罰覆核申請。不過，早前已有8人就定罪及刑期作出上訴，均為受審後罪成的被告，包括被判囚7年9個月的鄒家成、判囚7年3個月的吳政亨、判囚7年的何桂藍、判囚6年9個月的林卓廷及余慧明，及判囚6年半的黃碧雲、楊雪盈及彭卓棋。
12 Dec 2024法庭線#4353
黎智英案｜稱爭取「免於獨裁自由」遭官質疑想港獨 黎否認指想要「法治下自由」
Apple Daily founder Jimmy Lai, charged with conspiracy to collude with foreign forces and other offences, entered the 108th day of trial at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Thursday (12), and gave evidence for the 16th day.
Referring to a tweet by Lai about the United Kingdom’s BNO visa “lifeboat policy” for Hong Kong people, in which he said that “young people are the backbone of our freedom movement”, Judge Esther Toh questioned the meaning of “freedom”. Lai said it meant “China infringing on our freedom, freedom from dictatorship”. Toh then asked: “Freedom from mainland China? So you want Hong Kong independence?” Lai reiterated that he did not want Hong Kong independence, but wanted “freedom under the rule of law”.
Lai also tweeted a passage from a speech by then US Secretary of State Mike Pompeo, which said that “the free world must prevail over this tyranny”. Lai agreed that Pompeo’s remarks advocated hostility towards China, but denied that by reposting the speech clip he was indirectly advocating hostility. The trial will continue on Friday (13).
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周四（12 日）在西九龍裁判法院（暫代高等法院）展開第 108 日審訊，黎第 16 日作供。
針對黎 Twitter 帖文提到，英國為港人推出 BNO 簽證「救生艇政策」，稱「年輕人是我們爭取自由運動的脊梁」。法官杜麗冰關注「自由」的意思，黎指是「中國侵犯我們的自由，免於獨裁的自由」，杜聞言指「免於中國內地的自由？即你想香港獨立？」黎重申不想港獨，是想有「法治下的自由」。
至於黎有 Twitter 帖文引述美國時任國務卿蓬佩奧演講內容，提到「自由世界必須戰勝這種暴政」，黎同意蓬佩奧言論涉提倡與中國敵對，但否認自己轉發演講片段，是間接提倡敵對。案件周五（13 日）續審。
11 Dec 2024法庭線#4349
47人案｜律政司確認不擬提出刑罰覆核申請 早前就劉偉聰無罪裁決提上訴
The 47 defendants in the pro-democracy primary election case were sentenced on 19 November. The 45 defendants convicted of conspiracy to subvert state power were sentenced to between four years and two months and 10 years’ imprisonment.
The deadline for the Department of Justice to apply for reviews of the sentences expired on Tuesday (10th). On Wednesday, The Witness asked the Department of Justice whether it had applied for sentence reviews and whether it had sought an extension. The Department replied that it did not intend to apply for sentence reviews, adding that, as defendants had already appealed their sentences, it would be inappropriate for the Department to comment on whether the sentences were appropriate.
Two defendants, Lawrence Wai Chung Lau and Yue Shun Lee, were acquitted. The Department of Justice has appealed Lawrence Wai Chung Lau’s acquittal. Among the convicted defendants, eight have so far lodged appeals against their convictions and sentences, including Chow Ka-shing, Ng Ching-hang, Ho Kwai-lam, Lam Cheuk-ting, Yu Wai-ming, Wong Pik-wan, Yeung Suet-ying and Michael Cheuk Kei Pang. The Judiciary’s website does not yet show the hearing dates.
民主派初選 47 人案於 11 月 19 日判刑，45 名「串謀顛覆國家政權」罪成的被告被判囚 4 年 2 個月至 10 年。
律政司申請覆核刑期的限期於周二（10 日）屆滿，《法庭線》周三向律政司查詢有否提出刑罰覆核申請，以及有否申請延期。律政司回覆稱，不擬提出刑罰覆核申請，又指由於已有被告就刑罰申請上訴，律政司不宜就案件的判刑是否合適作任何評論。
兩名被告劉偉聰及李予信獲裁定罪名不成立，律政司已就劉的無罪裁決提出上訴。罪成被告方面，至今共 8 人已提出定罪及刑期上訴，包括鄒家成、吳政亨、何桂藍、林卓廷、余慧明、黃碧雲、楊雪盈、彭卓棋。司法機構網頁暫未顯示聆訊日期。
11 Dec 2024法庭線#4350
黎智英案｜黎否認鼓勵美方撤香港特殊地位 認為《國安法》侵犯示威權利
Next Digital founder Jimmy Lai is charged with offences including conspiracy to collude with foreign forces. The trial entered its 107th day on Wednesday (11th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, with Lai giving evidence for the 15th day.
Messages between Lai and his assistant Mark Simon were shown in court. Simon relayed a question from Mary Kissel, an aide to then US Secretary of State Mike Pompeo, asking whether Lai really did not want the United States to sever ties with Hong Kong. Lai replied that this could make China more likely to comply with US demands. Lai explained in court that he was merely explaining the causes and consequences at the time and trying to understand the US position, and that he had told Mark Simon his own inference. He denied encouraging the US to revoke Hong Kong’s special status, and said he had no direct contact with Mary Kissel.
Separately, in a column titled “Time Is a Weapon”, Lai wrote that after the National Security Law came into force, “there would no longer be more than a million people marching in protest”. Lai confirmed that he meant the law infringed the right to demonstrate, and said that no one went out to protest on 1 July 2020. Judge Esther Toh asked whether Lai had generalised this as meaning, “Because very few people demonstrated that day, the National Security Law infringes the right to demonstrate?” Lai said he regarded it as the end of demonstrations, “because under the threat of the National Security Law, this is impossible; no one would do it again. This has already been achieved.”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周三（11 日）在西九龍裁判法院（暫代高等法院）展開第 107 日審訊，黎第 15 日作供。
庭上顯示黎與助手 Mark Simon 的訊息，對方轉達美國時任國務卿蓬佩奧助手 Mary Kissel 的問題，問黎是否真的不希望美國與香港斷絕聯繫，黎回覆此舉可令中國更易順應美國要求。黎庭上解釋，他當時只是解釋前因後果，嘗試理解美方做法，告知 Mark Simon 自己的推論，否認鼓勵美方撤銷香港特殊地位，他與 Mary Kissel 亦沒直接聯繫。
另外，黎在專欄文章〈時間就是武器〉提到《國安法》生效後，「再沒有一百幾十萬人遊行抗爭」。黎確認是指《國安法》侵犯示威權利，又指 2020 年七一已無人再外出示威。法官杜麗冰問，黎概括成「因當日非常少人示威，所以《國安法》侵犯示威權利？」黎稱，認為是示威的終結，「因為在《國安法》威脅下，這是不可能的，沒人會再這樣做，這已經實現了」。
10 Dec 2024法庭線#4342
黎智英案｜專欄提「集中營」、「活在共產主義下可怕」 黎否認煽動仇裉
Next Digital founder Jimmy Lai Chee-ying, who faces charges including conspiracy to collude with foreign forces, began the 106th day of his trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Tuesday (the 10th). It was the 14th day of Lai’s testimony. Responding to the prosecution’s allegation that his “Live Chat” programme incited hatred against the central authorities, Lai denied this, saying that his mention on the programme that the National Security Law overrides the Basic Law was a statement of fact and that he was describing the effects of the National Security Law as he understood them.
Regarding a column that said the National Security Law would “make us immediately experience the terror of living under a communist system” and referred to “concentration camps”, Lai said he fled to Hong Kong at the age of 12. China was frightening at the time, while Hong Kong was like paradise. He reiterated that he harboured no hatred and had no intention of inciting hatred, but was merely seeking to express his feelings.
The defence also presented group-chat messages between Lai, Martin Lee Chu-ming and former US Consul General in Hong Kong Hanscom Smith, in which Smith suggested launching an international protest movement to counterbalance the Hong Kong government. Lai replied that doing so carried the risk of being accused of colluding with external forces and that they could not be involved. Lai confirmed that Lee subsequently left the group, believing that Lee considered the discussion too dangerous. Lai said he had not been as cautious as Lee and therefore did not leave the group.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周二（10 日）在西九龍裁判法院（暫代高等法院）展開第 106 日審訊，黎第 14 日作供。針對控方指黎的「Live Chat」節目煽動憎恨中央，黎否認，指在節目中提到《國安法》凌駕《基本法》屬事實陳述，他只是講述自己所理解《國安法》帶來的效果。
至於專欄文章提到《國安法》「要我們馬上嘗到活在共產主義制度下的恐怖」、又提及「集中營」等字眼，黎指自己 12 歲時逃離到香港，當時中國很可怕，香港有如天堂，重申他內心沒有恨意，亦沒意圖煽動仇恨，只是想表達感受。
辯方另展示黎與李柱銘及前美國駐港總領事郭明瀚的群組對話，見郭明瀚建議發起國際抗議運動以制衡港府。黎回覆指這樣做有危機被指勾結外力，他們不能牽涉在內。黎確認李隨後退出群組，相信他認為討論太危險，但自己沒如李般小心，故沒有退出。
6 Dec 2024法庭線#4335
黎智英案｜黎指《國安法》後沒再提制裁 料會入獄曾撰「獄中信」最後沒刊出
Apple Daily founder Jimmy Lai, charged with offences including conspiracy to collude with foreign forces, began the 104th day of his trial at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Friday (the 6th). On his 12th day giving evidence, Lai confirmed under questioning by the defence that he had written a “prison letter”, intending to have it published by The Wall Street Journal if he was jailed, but ultimately abandoned the idea.
The court heard that the letter said: “When you read this article, it means I have already been imprisoned. This is bestowed by the Chinese Communist Party’s judiciary … When those in power regard defending truth and the rule of law as a crime, where can honest people be?” It also said: “Hong Kong people did not try to overthrow the Beijing government … It was Beijing that destroyed everything.”
Lai also confirmed that he had been very cautious after the National Security Law came into force and had not sought sanctions again, because the law was harsh and vague, making this “tantamount to suicide”. He also said that, if he had been willing at the time, there were other ways for him to leave Hong Kong, including illegal means, but he “never wanted to do that”. The trial will resume next Monday (the 9th).
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪，案件周五（6 日）在西九龍裁判法院（暫代高等法院）展開第 104 日審訊，黎第 12 日作供，在辯方提問下確認，他曾撰寫一封「獄中信」，打算一旦入獄透過《華爾街日報》刊出，但最後打消念頭。
庭上顯示信件提到「當你閱讀這篇文章時，這意味我已入獄了，這是由中共司法所賜⋯當當權者視捍衛真理和法治為犯罪時，誠實的人還能在哪裡？」，又提到「香港人沒試圖推翻北京政府…毀掉一切的是北京」。
黎另確認，在《國安法》實施後已很小心，沒再請求制裁，因條文嚴苛及模糊，「這樣等同自殺」。他又提到當時若他願意，會有其他方法離港，包括違法的方式，但他「從不想這樣做」。案件下周一（9 日）續審。
Translations are supplied by the source workbook. Consult the original reporting for context.
