9 May 2024法庭線#3510
黎智英案第73日審訊｜辯方指《蘋果》被梁振英針對 廣告收入減少 周達權稱無法量化
The trial of Next Digital founder Jimmy Lai and three companies associated with Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, entered its 73rd day on Thursday (9th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chow Tat-kwan, the sixth prosecution witness and Next Digital’s chief operating officer and then chief financial officer, gave evidence for a third day.
Regarding Next Digital’s financial situation, the defence said former Chief Executive CY Leung targeted Apple Daily in 2018 by naming and criticising its advertisers on his social media platforms, causing the newspaper’s advertising revenue to plunge between 2019 and 2020. Chow replied, “I think I cannot quantify it; I was not the decision-maker for placing advertisements,” but agreed that Apple Daily had to develop other sources of revenue at the time, such as online advertising and online subscriptions. The defence completed its cross-examination, and the prosecution is expected to re-examine him on Friday (9th).
Regarding the defence application to recall prosecution witness Cheung Kim-hung, Judge Li Yun-tung asked the defence to explain its position after Chow completed his evidence. The court also heard that expert witness and City University law professor Gui Guo Wang would not appear in court, and would instead give evidence in writing.
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，案件周四（9 日）在西九龍裁判法院（暫代高等法院）展開第 73 日審訊，第六名控方證人、壹傳媒集團營運總裁兼時任財務總裁周達權第三日作供。
針對壹傳媒的財政狀況，辯方指前特首梁振英於 2018 年針對《蘋果》，在其社交平台點名及批評《蘋果》廣告商，導致《蘋果》於 2019 年至 2020 年的廣告收入大跌。周回答「我諗我唔可以 quantify（量化）到，我唔係去落廣告嘅決策人」，但他同意，《蘋果》當年須開拓其他收入來源，例如網絡廣告及網上訂閱。辯方完成盤問，料控方周五（9 日）覆問。
另外，針對辯方申請重召控方證人張劍虹一事，法官李運騰要求辯方在周完成作供後解釋。庭上又透露，專家證人、城大法律學院教授王貴國不會出庭，將以書面供詞形式處理。
8 May 2024法庭線#3502
黎智英案第72日審訊｜周達權：飯盒會談及「反政府運動、黑暴」 黎指要引外國關注
Next Digital founder Jimmy Lai and three companies related to Apple Daily are charged with offences including “conspiracy to collude with a foreign country or with external elements”. The case entered its 72nd day of trial on Wednesday (8th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chow Tat-kwong, the sixth prosecution witness, gave evidence for a second day. Chow, the Next Digital group’s chief operating officer and its then chief financial officer, said that after becoming chief operating officer, he took part each week in “lunchbox meetings” chaired by Lai. The topics concerned the anti-government movement and “black-clad violence”, and Lai would give instructions. Chow also said that Apple Daily’s launch of an English-language edition and the “One Person, One Letter to Save Hong Kong” campaign, among other things, drew foreign attention to anti-government actions in Hong Kong, “or what they called ‘police violence’, and they also hoped to obtain foreign support; and perhaps, at a more serious level, sanctions”. The prosecution has finished questioning, and the defence is expected to begin cross-examination on Thursday (9th). The defence also applied to recall former Next Digital chief executive officer Cheung Kim-hung to testify again and question him about records on Apple Daily’s Slack work platform. Judge Doris To said she would consider the application again 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，案件周三（8 日）在西九龍裁判法院（暫代高等法院）展開第 72 日審訊，第六名控方證人、壹傳媒集團營運總裁兼時任財務總裁周達權第二日作供。
周供稱，自他任職營運總裁後，每周參與由黎主持的「飯盒會」，主題與反政府運動和「黑暴」有關，黎會作出指示。周又指，《蘋果》推出英文版、「一人一信救香港」等，引起外國關注香港反政府行動，「或者佢哋所謂嘅『警暴』，咁亦都希望得到外國嘅支持，咁或者係再厲害啲，就係制裁啦」。
控方完成提問，料辯方周四（9 日）展開盤問。另外，辯方提出，擬重新傳召前壹傳媒行政總裁張劍虹出庭，就著《蘋果》工作平台 Slack 的紀錄提問，法官杜麗冰表示周四再考慮辯方申請。
8 May 2024法庭線#3508
黎智英案第72日審訊｜周達權：飯盒會談及「反政府運動、黑暴」 黎指要引外國關注
Jimmy Lai, founder of Next Digital, and three companies related to Apple Daily are charged with offences including “conspiracy to collude with foreign forces”. The case entered its 72nd day of trial on Wednesday (8th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chau Tat-kwong, the sixth prosecution witness and Next Digital’s chief operating officer and then-incumbent chief financial officer, gave evidence for a second day.
Chau testified that after he became chief operating officer, he attended weekly “lunchbox meetings” chaired by Lai, whose topics were related to the anti-government movement and “black-clad violence”, and at which Lai gave instructions. Chau also said that Apple Daily’s launch of an English edition and the “One Person, One Letter to Save Hong Kong” campaign drew overseas attention to anti-government actions in Hong Kong, “or what they called ‘police violence’, and they also hoped to obtain foreign support; perhaps, at a more serious level, sanctions.”
The prosecution finished its questioning, and the defence is expected to begin cross-examination on Thursday (9th). The defence also said it intended to recall former Next Digital chief executive Cheung Kim-hung to testify about records from Apple Daily’s work platform Slack. Judge Toh Lai-ping said she would consider the defence application again 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，案件周三（8 日）在西九龍裁判法院（暫代高等法院）展開第 72 日審訊，第六名控方證人、壹傳媒集團營運總裁兼時任財務總裁周達權第二日作供。
周供稱，自他任職營運總裁後，每周參與由黎主持的「飯盒會」，主題與反政府運動和「黑暴」有關，黎會作出指示。周又指，《蘋果》推出英文版、「一人一信救香港」等，引起外國關注香港反政府行動，「或者佢哋所謂嘅『警暴』，咁亦都希望得到外國嘅支持，咁或者係再厲害啲，就係制裁啦」。
控方完成提問，料辯方周四（9 日）展開盤問。另外，辯方提出，擬重新傳召前壹傳媒行政總裁張劍虹出庭，就著《蘋果》工作平台 Slack 的紀錄提問，法官杜麗冰表示周四再考慮辯方申請。
7 May 2024法庭線#3496
黎智英案第71日審訊｜周達權：知悉陳梓華「做到嘢」 獲黎轉讓名下公司作酬勞
The trial of Next Digital founder Jimmy Lai and three companies linked to Apple Daily, who face charges including “conspiracy to collude with foreign forces”, entered its 71st day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Tuesday (7th). Chan Tsz Wah, the fifth accomplice witness, completed 13 days of testimony, while Chow Tat-kwun, the sixth prosecution witness and Next Digital’s chief operating officer and then chief financial officer, began giving evidence.
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（7 日）在西九龍裁判法院（暫代高等法院）展開第 71 日審訊，第五位從犯證人陳梓華完成 13 日作供，第六名控方證人、壹傳媒集團營運總裁兼時任財務總裁周達權首日作供。
周解釋工作職責、黎名下公司情況後，確認自己與黎為離岸公司「LACOCK」董事。及至 2020 年初，陳梓華成為公司新股東及董事，但他不認識陳，而黎的助手 Mark Simon 曾向他解釋「因為呢個陳梓華，幫阿黎生手、做到嘢，所以黎生將呢間公司轉畀佢作為酬勞」。審訊周三（8 日）續。
6 May 2024法庭線#3491
黎智英案第70日審訊｜陳梓華：決定任控方證人後如實交代 「唔想受到良心責難」
The trial of Next Digital founder Jimmy Lai Chee-ying and three companies associated with Apple Daily, who are charged with offences including conspiracy to collude with a foreign country or external elements, entered its 70th day at the West Kowloon Magistrates’ Courts, temporarily acting as the High Court, on Monday (6th). Chan Tsz-wah, the fifth accomplice witness, gave evidence for his 12th day.
Under re-examination by the prosecution, Chan confirmed that the statements he made during recorded interviews after his first arrest in October 2020 were false, while statements he made after being charged with a national security offence in April 2021 and deciding to become a prosecution witness were true. Asked to explain, Chan said: “The statement I gave at the beginning wasn’t the truth. Later, I hoped to tell the truth, because I didn’t want to be blamed any more… I didn’t want to be condemned by my conscience.”
The prosecution is expected to call Chow Tat-kwun, chief operating officer of the Next Digital group and its acting chief financial officer at the time, to give evidence after Chan completes his testimony on Tuesday (7th).
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，案件周一（6 日）在西九龍裁判法院（暫代高等法院）展開第 70 日審訊，第五位從犯證人陳梓華第 12 天作供。
陳在控方覆問下確認，於 2020 年 10 月首被捕後的錄影會面供詞虛假，及後於 2021 年 4 月以《國安罪》被起訴、及決定成為控方證人後的供詞則屬實。陳在提問下解釋，「我一開始畀嘅口供唔係事實，後來我希望將個事實講返出嚟，因為我唔想再受到責難⋯我唔想受到良心嘅責難」。
控方預計周二（7 日）陳梓華完成作供後，將傳召壹傳媒集團營運總裁兼時任財務總裁周達權作供。
4 May 2024法庭線#3487
煽動罪三年半．案件進展｜譚得志、《立場》等4案上訴、審訊中 其餘已審結
Over the past three and a half years, 55 people have been charged with sedition under the Crimes Ordinance, in 37 cases. At present, apart from the cases involving Tam Tak-chi, Apple Daily, Stand News and a LIHKG post, which remain at the appeal or trial stage, all other cases have been concluded (see separate article).
In the third feature report, The Witness examines some of the key cases and summarises the latest developments, as well as the speech, conduct and words alleged in the cases to constitute sedition, allowing readers to review and understand how the former sedition offence was applied and how the courts ruled.
過去 3 年半，共 55 人被控《刑事罪行條例》下的煽動罪，分成 37 宗案件。目前除譚得志、《蘋果》、《立場》及一宗連登帖文案仍處上訴及審訊階段，其餘案件均已審結（見另稿）。
在第三篇專題報道，《法庭線》進入部分焦點案件，整理最新進展，以及在案情中被指屬於煽動的言行與字詞，讓讀者回顧、了解舊煽動罪被運用及法庭裁斷的情況。
3 May 2024法庭線#3485
黎智英案第69日審訊｜陳梓華否認庭上捏造供詞以獲減刑 認首錄口供作假為撇清關係
Jimmy Lai, founder of Next Digital, and three companies linked to Apple Daily are charged with, among other offences, conspiracy to collude with a foreign country or with external elements. The case entered its 69th day of trial on Friday (the 3rd) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with Chan Tsz-wah, the fifth accomplice witness, giving evidence for an 11th day.
During cross-examination, the defence pointed out that parts of Chan’s testimony in court differed from his recorded video interviews and written statements. Chan denied fabricating his testimony in court to obtain a reduced sentence, saying: “Precisely because I hate [lies], I wanted to tell the truth.” Regarding his earlier agreement that the contents of his first recorded statement were false, Chan explained during re-examination by the prosecution: “At the time, I still had a mentality of taking a chance,” believing he could distance himself from Jimmy Lai, Mark Simon and others. The trial will resume next Monday (the 6th).
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，案件周五（3 日）在西九龍裁判法院（暫代高等法院）展開第 69 日審訊，第五位從犯證人陳梓華第 11 天作供。
辯方盤問時指出，陳庭上多處證供與錄影會面及書面供詞不一。陳否認庭上捏造供詞以獲減刑，「正正就係因為我討厭（謊言），所以我想將個事實講返出嚟」。至於陳早前同意首次錄口供內容虛假，他在控方覆問下解釋，「當時我仲有一個僥倖嘅心態」，以為可以與黎、Mark Simon 等人撇清關係。案件下周一（6 日）續審。
2 May 2024Channel C#3471
涉煽動及洗黑錢囚26個月 阮民安宣佈已移英 稱出獄後曾多次被國安游說變節
Singer Tommy Yuen (Tommy) was previously jailed for 26 months for incitement and money laundering offences, and was released last September. Yesterday (1st), he announced on social media that he had left Hong Kong with his family to live in the UK, saying frankly that he might not—or might not be able to—return for the rest of his life. He also said that before his release, national security officers had asked whether he was interested in developing a career on the mainland and urged him to “turn from darkness to light”. After his release, national security officers also frequently made inquiries about his situation in various ways and repeatedly tried to persuade him to “switch sides”. He said the fear had not left him after his release, and that he had been diagnosed with an anxiety disorder and post-traumatic stress disorder. He ultimately decided to move abroad on the night of the Article 23 legislation.
歌手阮民安（Tommy）早前因涉煽動及洗黑錢罪囚26個月，並於去年9月出獄。昨日（1日），他在社交平台上宣佈，已舉家離開香港到英國生活，直言有生之年都可能不會、不能再回來。他又稱出獄前曾有國安人員問他，是否有意到內地發展，籲他「棄暗投明」；至出獄後，亦不時有國安人員以不同形式查詢其近况，並不停努力游說其「變節」。他表示，出獄後恐懼未有離開他，亦確診焦慮症及創傷壓力症，最終在23條立法當晚決定要移居。
29 Apr 2024法庭線#3456
黎智英案第68日審訊｜還押錄口供後與警會面65次 陳梓華稱「講吓生活嘢」否認談及證供
Next Digital founder Lai Chee-ying and three companies related to Apple Daily are charged with offences including “conspiracy to collude with foreign forces”. The case entered its 68th day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Monday (29th). Chan Tsz-wah, the fifth accomplice witness, gave evidence for his 10th day and was cross-examined by the defence for the third day.
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，案件周一（29 日）在西九龍裁判法院（暫代高等法院）展開第 68 日審訊，第五位從犯證人陳梓華第十天作供，由辯方第三天盤問。
辯方指，陳還押期間錄取供詞後，曾與警方會面 65 次。陳否認過程談及證供，指他與警方商討其身體情況、還押生活以及「抱怨」，形容自己還押初期「情緒好崩潰」，「去到後來，我會講吓啲生活嘢，因為我喺裡面係睇唔到太陽嘅，所以，真係講吓生活啲嘢，想知多啲。」
另外，陳在辯方盤問下確認，曾為李宇軒安排安全屋及協助他離港，但否認自己曾說過要成為流亡政府領袖及組軍隊。
29 Apr 2024法庭線#3458
指國安委倡拒Tim Owen簽證越權 黎智英申上訴被駁回 上訴庭指無空間作其他解讀
Apple Daily founder Jimmy Lai was 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. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress issued an interpretation of the National Security Law stating that, before approving the engagement of an overseas lawyer in a national security case, the court should first obtain a certificate issued by the Chief Executive.
Last year, Lai filed for judicial review challenging the Committee for Safeguarding National Security’s recommendation that the Immigration Department refuse to grant Tim Owen a visa, arguing that the committee had exceeded its powers. Chief Judge of the High Court Poon Chun-ho rejected his application for leave. Lai applied again for leave to appeal on 16 April, but the application was dismissed the same day. His appeal against the trial court’s order for indemnity costs was also dismissed.
The Court of Appeal issued its written judgment on Monday (29th), stating that Article 14 of the National Security Law and the NPC Standing Committee’s interpretation “leave no room for any doubt or ambiguity”. It said there was no other reasonable interpretation and ruled that the court had no jurisdiction to review the national security committee’s decision.
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。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英去年入稟司法覆核，挑戰國安委建議入境處拒絕向 Tim Owen 批出簽證，指國安委越權，被高院首席法官潘兆初駁回許可申請。黎於 4 月 16 日再申請上訴許可，被即日駁回。黎就原訟庭彌償訟費（indemnity cost）的上訴亦同被駁回。
上訴庭周一（29 日）頒布書面裁決，指《國安法》第 14 條及人大釋法內容「沒有留下任何懷疑或含糊空間」（leaves no room for any doubt or ambiguity），無法作其他合理解讀，裁定法庭對國安委決定並無司法管轄權。
Translations are supplied by the source workbook. Consult the original reporting for context.
