3 Jul 2024法庭線#3771
47人案求情．港島｜全部6人完成陳詞 官質疑彭卓棋愛國形象是另一次投機
In the case of 47 pan-democrats charged with conspiracy to subvert state power, the six second-batch convicted defendants who stood in the Hong Kong Island primary election completed their mitigation submissions on Wednesday (the 3rd), after submissions by Michael Cheuk Kei Pang’s side. The case was adjourned until Friday, when mitigation submissions will be heard from the third batch of six convicted defendants who participated in the Kowloon East primary election.
In submissions for Michael Cheuk Kei Pang, it was said that Pang had taken every measure after the National Security Law came into force, including taking down his election manifesto, and had also been employed by the Hong Kong Basic Law Foundation’s Basic Law Student Centre.
However, the judge questioned the consistency of Pang’s character, noting that he had distributed torn-up election leaflets and posed for photographs making protest gestures, and that his language had been radical, but that he had immediately worked at the Basic Law Student Centre after his arrest. The judge also questioned whether Pang’s patriotic image was another act of opportunism.
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（3 日）完成彭卓棋一方陳詞後，第二批罪成被告、初選時參選港島區的 6 人均完成求情。案件押後至周五續，將處理第三批罪成被告、參與九東初選 6 人的求情。
彭卓棋一方求情時稱，彭在《國安法》後有做盡措施，並將政綱下架，亦受僱於「香港基本法基金會基本法學生中心」。
惟法官質疑，彭有派發撕碎的選舉單張、擺出抗爭的手勢合照，而他言詞激進，但在被捕後隨即於 「基本法學生中心」工作，稱法庭看不到其性格是一致；亦質疑彭的愛國形象是否另一次投機。
2 Jul 2024法庭線#3764
47人案求情．港島｜5人完成陳詞 袁嘉蔚獄中成婚 梁晃維自感與香港命運緊扣
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, six of the second-batch convicted defendants who stood in the Hong Kong Island primary election began mitigation submissions on Tuesday (the 2nd), in proceedings expected to last two days. Tiffany Yuen, Leung Kwong-wai, Cheng Tat-hung, Sze Tak-yin and Yeung Suet-ying completed their submissions. Yuen’s side disclosed that she had recently married in prison and wished to spend time with her husband and build a family.
Leung’s side said he was one of the initiators of “Ink Without Regret”, but that the statement’s contents merely reflected the consensus at the time. In a mitigation letter, Leung said he was born when Hong Kong’s sovereignty was handed over to China, and that his graduation coincided with SARS, the Umbrella Movement and the anti-extradition bill movement. He wrote: “I deeply feel that my fate is closely bound to Hong Kong” (see separate report).
Cheng’s side said he had merely followed the Civic Party’s position and submitted that his starting point for sentencing should be no more than three years. Sze’s side said his father died while he was on remand. Yeung’s side submitted 32 mitigation letters, asking the court to view Yeung from a new perspective, prompting the judge to question whether this meant that Yeung should not have been convicted. The case will continue on Wednesday, when submissions are expected from Michael Cheuk Kei Pang’s side.
47 名民主派被控「串謀顛覆國家政權」罪一案，第二批罪成被告、初選時參選港島區的 6 人，周二（2 日）處理求情，料需時 2 天，袁嘉蔚、梁晃維、鄭達鴻、徐子見、楊雪盈 5 人完成陳詞。袁嘉蔚一方透露，她不久前在獄中成婚，有意與丈夫共度時光、建立家庭。
梁晃維一方稱梁為〈墨落無悔〉發起人之一，但聲明內容僅為當時的共識。梁在求情信提到生於香港主權移交之時，畢業碰上「沙士」、雨傘、反修例，形容「我深感我的命運與香港緊緊扣連」（見另稿）。
鄭達鴻一方指，他僅僅跟從公民黨立場，認為鄭的量刑起點應不多於 3 年；徐子見一方指，父親在他還押時離世。楊雪盈一方則呈上 32 封求情信，望法庭以新角度審視楊，遭官質疑是否意指楊不應被定罪。案件周三續，料由彭卓棋一方陳詞。
2 Jul 2024法庭線#3765
47人案求情．港島｜梁晃維求情信節錄：從未失對港人信心 信終能長風破浪
In the case involving 47 democrats charged with “conspiracy to subvert state power”, six defendants in the second group to be convicted, who stood in the Hong Kong Island constituency in the primary election, had their mitigation hearings on Tuesday (2nd). Senior Counsel Robert Yiu Hung Pang, representing Leung Kwok-wai, read in court a mitigation letter written by Leung himself. He mentioned that he was born at the time of Hong Kong’s sovereignty handover and that each time he graduated, Hong Kong was entering a “new stage”, including SARS, the Umbrella Movement and the anti-extradition bill movement. He described this as “I deeply feel that my fate is closely tied to Hong Kong”, and said, “I have never lost faith in Hong Kong and Hong Kong people.”
47 名民主派被控「串謀顛覆國家政權」罪一案，第二批罪成被告、初選時參選港島區的 6 人，周二（2 日）處理求情。代表梁晃維的資深大律師彭耀鴻，庭上讀出由梁親自撰寫的求情信，提及生於香港主權移交之時，每逢畢業都碰上香港「新階段」，例如「沙士」、雨傘運動、反修例運動，形容是「我深感我的命運與香港緊緊扣連」，又稱「我從未喪失對香港和香港人的信心」。
24 Jun 2024法庭線#3723
支聯會被指煽動顛覆案 鄒幸彤指黎婉姬另案曾閱PII文件申「換官」 7.5裁決
The case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chair and vice-chairs Lee Cheuk-yan, Albert Ho and Chow Hang-tung are accused of “incitement to subversion of state power” was heard in the High Court on Monday (24th) in relation to Chow’s application for judge replacement. The application was handled by designated judges Li Yunteng, Chan Chung-hang and Anna Yuen Kee Lai, with the ruling tentatively scheduled for next Friday (5 July).
Chow cited case law in arguing that Anna Yuen Kee Lai, who was involved in hearing a separate case concerning the Alliance, had previously read prosecution documents subject to “public interest immunity” (PII) that were not disclosed to the defence. She said this involved exposure to “external information” and met the threshold for a possibility of bias. Chow also said the judge had already seen serious allegations against the Alliance and descriptions of witnesses before the trial, describing the situation as “very undesirable”.
Li Yunteng questioned this, saying he would also have to first read the relevant documents before he could determine whether Lai could hear the case. He said that, following Chow’s logic, “none of the three of us could hear it”. The judges also cited circumstances including the prosecution’s opening submissions and a trial within a trial, questioning the basis of Chow’s arguments. The prosecution said that under case law, judge replacement could succeed only in very exceptional circumstances, as professional judges would disregard irrelevant material.
支聯會及其前正副主席李卓人、何俊仁、鄒幸彤被指「煽動顛覆國家政權」案，周一（24 日）在高院處理鄒的「換官」申請，由指定法官李運騰、陳仲衡及黎婉姬處理，暫訂下周五（7 月 5 日）頒布裁決。
鄒幸彤引案例指，有份審理的黎婉姬在支聯會另案，曾經閱讀不向辯方披露的控方「公眾利益豁免權」（PII）文件，屬於觸及「外部訊息」，達到有機會偏頗的門檻。鄒又指，法官在審前已看到對支聯會的嚴重指稱、對證人的描述，形容情況「非常不理想」。
李運騰質疑，他都要先看過有關文件，才可判斷黎可否審理此案，指若按鄒邏輯，「我哋 3 位都唔審得」，法官亦先後引控方開案陳詞、案中案等情況，質疑鄒的理據。控方則指據案例，「換官」須是非常例外才可成立，因專業法官會把無關材料摒除。
19 Jun 2024法庭線#3708
47人案判詞分析1｜初選被指違法的核心 原訟庭3法官：五大訴求不可能達成
The 2020 pro-democracy camp primary election for the Legislative Council was alleged by the government to be part of a plot to subvert state power. Fourteen people were convicted after trial. The Witness analyses the judgments written by three judges of the High Court’s Court of First Instance, summarising their consideration and findings regarding the evidence, as well as their approach to reaching their conclusions. The first article begins with the anti-extradition movement’s “five demands”.
The judges said that under the “35+” plan, the defendants intended to pressure the Chief Executive into conceding to the “five demands”, and that every one of them was indispensable. They also said that the pursuit of universal suffrage “carried an implication that the Chief Executive should step down”, and therefore considered the demands “impossible to achieve” and something “the government would never accept”. The judges further said that the government’s refusal to respond would become an “excuse” for the defendants to use vetoes as a means of seeking to bring about the dissolution of the Legislative Council and the Chief Executive’s resignation.
A review of the judgments and comparison with testimony given in court showed that the judges relied mainly on the evidence of Au Nok-hin. For example, he said that even the “easiest” of the five demands to achieve—an independent investigation—had been rejected. However, the testimony of other defendants, as shown in the table in the full article, was not mentioned in the principal judgment. For example, Chow Ka-shing considered that the withdrawal of the characterisation of the protests as “riots” had already been achieved, while Winnie Yu said that the pursuit of universal suffrage was intended to overthrow the system.
2020 年舉行的民主派立法會初選，被政府指控是顛覆政權謀劃的一部分，14 人經審訊被裁定罪成。《法庭線》分析高院原訟庭 3 名法官撰寫的判詞，整理他們對證據的考量和裁斷，以及達致結論的進路。第一篇，由反修例運動的「五大訴求」說起。
法官指在「35+」計劃，被告意圖逼使特首對「五大訴求」讓步，且是「缺一不可」；而爭取普選「有要求特首下台的含意」，故認為是「不可能達成」、「政府永遠不會接受」。官又指政府拒絕回應將成為「藉口」，讓被告以否決為手段，意圖達致解散立法會及特首下台。
翻查判詞和比對庭上供詞，法官主要依賴區諾軒的證供，例如他稱「五大訴求」之中「最容易」達成的獨立調查也被拒絕。不過其他被告的供詞（見內文表），例如鄒家成認為「撤回暴動定性」已實現、余慧明稱爭普選是要推翻制度等，主體判詞並未提及。
14 Jun 2024追新聞#3693
黎智英案｜多國政要致函香港律政司斥無視上庭作證要求 屬「調查及司法程序的嚴重失敗」
Next Digital founder Lai Chee-ying and three companies linked to Apple Daily are facing charges including conspiracy to collude with foreign forces and conspiracy to print seditious publications. The case is still being heard. The Inter-Parliamentary Alliance on China ([[IPAC]]) said on Friday (14th) that a group of politicians from various countries had written to Hong Kong’s Secretary for Justice, condemning the authorities’ disregard of their earlier requests to become witnesses and testify in court. The letter said 17 political figures from nine different countries had been named in the case, but the authorities had not contacted them, describing this as a “serious failure of the investigation and judicial process”.
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及串謀刊印煽動刊物等罪，案件仍在審訊。「對華政策跨國議會聯盟」（IPAC）周五（14日）表示，一群來自各國的政客已致函香港律政司，譴責香港無視他們早前提出成為案件證人及上庭作證的要求。信件指17名來自9個不同國家的政界人士在案中被點名，但當局未有與他們聯繫，形容是「調查及司法程序的嚴重失敗」。
13 Jun 2024法庭線#3687
47人案｜律政司確認已就劉偉聰無罪裁決提出上訴 沒就李予信提出上訴
The 47 democrats were charged with conspiracy to subvert state power. Sixteen defendants pleaded not guilty. At the verdict on 30 May, only Lawrence Wai Chung Lau and Yue Shun Lee were acquitted, becoming the first two defendants to be acquitted since the National Security Law came into effect. The prosecution said on the same day that it intended to appeal and asked that the two acquitted defendants remain on bail under their existing conditions. The Court of First Instance ultimately ordered that they continue to be released on bail, while reducing the frequency of their police reporting.
The Department of Justice confirmed to The Witness that on Thursday (13th), the final day of the 14-day period following the verdict, it had appealed against Lawrence Wai Chung Lau’s acquittal under section 81DA of the Criminal Procedure Ordinance. The department also confirmed that it had not appealed against the acquittal of the other defendant, Yue Shun Lee. Lee is currently the only defendant in a national security case who was acquitted at trial and against whom the Department of Justice did not appeal.
Yue Shun Lee’s current bail conditions include surrendering all travel documents and being prohibited from participating in elections at any level, among other conditions. The Witness also asked the Department of Justice about Lee’s bail arrangements and was told that it would handle the case in accordance with the law and the court’s directions, and would not comment further on the details of the case.
47 名民主派被控「串謀顛覆國家政權」罪，16 名被告不認罪，案件 5 月 30 日裁決，僅劉偉聰、李予信無罪，成為《國安法》後首兩名無罪被告。控方即日稱有意提出上訴，要求無罪兩人維持原有條件保釋。原訟庭終下令兩人繼續擔保，減少警署報到次數。
律政司回覆《法庭線》時確認，於周四（13 日）即裁決後 14 天限期的最後一日，已根據《刑事訴訟程序條例》第 81DA 條，就劉偉聰的無罪裁決提出上訴。律政司又確認，沒有就另一被告人李予信的無罪裁決提出上訴。李為目前唯一國安案被告，原審獲裁定無罪而律政司沒上訴。
李予信目前的保釋條件包括交出所有旅遊證件、禁止參與或任何級別選舉等。《法庭線》亦向律政司查詢李的保釋安排，獲回覆指會依法及按法庭的指示處理案件，不會對案件細節作進一步評論。
11 Jun 2024法庭線#3670
黎智英案第90日審訊｜控方完成舉證 押後 7.24 中段陳詞
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. The case was originally scheduled for 80 days. On Tuesday (the 11th), the 90th day of the trial began at the West Kowloon Magistrates’ Courts, which is acting as the High Court. The prosecution completed its presentation of evidence, and the case was adjourned until July 24 for mid-trial submissions, after which the court will determine whether a prima facie case has been established.
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，案件原訂審期 80 天，截至周二（11 日）在西九龍裁判法院（暫代高等法院）展開第 90 日審訊，控方完成舉證，案件押後至 7 月 24 日作中段陳詞，由法庭裁定案件是否表證成立。
6 Jun 2024法庭線#3659
47人案｜罪成被告分6批求情 預定8月中前完成 據悉需就是否採同一級刑罰陳詞
Forty-seven pro-democracy figures were charged with conspiracy to subvert state power. Fourteen defendants were found guilty after trial at the end of May, while another 31 pleaded guilty, bringing the total convicted to 45. Following the announcement days earlier that the mitigation submissions of five alleged organisers would be handled from June 25, the Judiciary announced on Thursday (the 6th) the dates for the remaining defendants to make submissions in five batches.
The five dates span July to early August. Defendants who stood in the primary election in the same constituency have generally been scheduled to make submissions together, while those from the District Council (second) constituency and the Health Services constituency will make submissions together with defendants from Kowloon West.
It is understood that the court issued directions to both the prosecution and defence early this week, requiring written mitigation submissions on several issues, including whether the same sentencing tier should be adopted for all convicted defendants. If not, the submissions must explain why different defendants should be placed in different tiers and which sentencing tier should apply to each individual defendant.
47 名民主派被控「串謀顛覆國家政權」罪，14 名被告經審訊後於 5 月底被裁定罪成，加上另 31 人認罪，合共有 45 名被告罪成。繼日前公布被指組織者 5 人於 6 月 25 日起處理求情，司法機構周四（6 日）再公布餘下被告分 5 批處理求情的日期。
5 個日期橫跨 7 月至 8 月初，在初選中參選同一地區的被告，大致被安排一同處理求情，超區、衞生服務界的被告則與九西區的被告一同處理求情。
據悉，法庭本周初向控辯雙方發指示，要求在書面求情中就多項議題向法庭陳詞，包括是否所有定罪被告均採納同一刑罰等級；如否，為何不同被告應採用不同等級，而個別被告應分別採用哪一刑罰等級等等。
4 Jun 2024法庭線#3643
黎智英案88日審訊｜庭上續播黎受訪片 控方料周四總結案情
The 88th day of the trial of Next Digital founder Jimmy Lai and three companies related to Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, began on Tuesday (4th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. When the case opened on Monday, the defence said Lai was physically shaking and felt unwell, and was not fit to continue the hearing. The judge adjourned the case until Tuesday.
When Lai appeared in court on Tuesday, he entered the dock wearing a white jacket and greeted family and friends. After the hearing began, the defence said Lai’s physical condition had improved and that he could continue. The court continued playing interview footage of Lai, as well as footage seized from Lai’s phone that had been sent to him by Ben Rogers, head of Hong Kong Watch. The case was adjourned until Wednesday (5th), and the prosecution is expected to complete its closing of the prosecution case on Thursday.
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，案件周二（4 日）在西九龍裁判法院（暫代高等法院）展開第 88 日審訊。案件周一開庭時，辯方指黎智英身體發抖、感不適，不宜繼續聆訊，法官押後案件至周二續審。
黎周二上庭時，身穿白色外套步入被告欄，與親友打招呼。開庭後，辯方指黎身體情況已好轉，可繼續聆訊。庭上續播放黎受訪片段，另播放於黎電話中檢取，由「香港監察」負責人 Ben Rogers（羅傑斯）向黎發送的片段。案件押後至周三（5 日）續審，控方預料將於周四完成控方案情。
Translations are supplied by the source workbook. Consult the original reporting for context.
