26 Apr 2024法庭線#3437
黎智英案第67日審訊｜陳梓華認於錄影會面說謊 想與SWHK撇清關係、為李宇軒脫罪
The trial of Next Digital founder Jimmy Lai and three companies linked to Apple Daily, who are charged with offences including conspiracy to collude with a foreign country or external forces, entered its 67th day on Friday (26th) at the West Kowloon Magistrates’ Courts, temporarily exercising the jurisdiction of the High Court. Chan Tsz-wah, the fifth accomplice witness, began his ninth day of testimony.
The defence questioned Chan about six meetings between Lai and Chan from October 2019 to June 2020. It put to Chan that Lai had never said he wanted to lead the militant faction, nor had he mentioned “China collapse”; that claim had been made by Lau Cho-dik. The defence also put to Chan that Lai had never said he wanted to bring about “China collapse” through sanctions, or that he wanted to combine street, parliamentary and international forces to “push the government to collapse”. Chan disagreed with all of these suggestions.
The defence also questioned Chan about the contents of video-recorded interviews conducted before he became a prosecution witness. Chan repeatedly admitted in court that the contents were false. In one interview, Chan described SWHK (Team Reignite) as having several leaders, saying it was “not as if Li Yu-hsuan was the only one”. Chan told the court that he had wanted the police to believe that “it had nothing to do with Li Yu-hsuan”, and admitted that he wanted to exonerate Li. Chan also said in the interview that he had made negative comments about SWHK; he admitted in court that he had lied because he wanted to distance himself from SWHK.
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（26 日）在西九龍裁判法院（暫代高等法院）展開第 67 日審訊，第五位從犯證人陳梓華第九天作供。
辯方針對黎與陳於 2019 年 10 月至 2020 年 6 月期間六次會面情況提問，指黎沒說過欲領導勇武派，亦沒說過「支爆」，此說法是由劉祖廸提出。辯方又指，黎沒稱要透過制裁達「支爆」，亦沒指要結合街頭、議會及國際力量「推爆政府」，陳一概不同意。
另外，辯方引述陳在成為控方證人前的錄影會面內容提問，陳多次庭上承認內容虛假。當中陳於錄影會面形容 SWHK（重光團隊）有數名領導，「唔似係得李宇軒一個」，陳庭上稱「想畀警察覺得，唔關李宇軒事」，承認想為李脫罪；而陳在會面稱對 SWHK 有負面評論，他亦在庭上承認，是想與 SWHK 撇清關係而說謊。
25 Apr 2024法庭線#3426
黎智英案第66日審訊｜陳梓華：《國安法》後考慮續推制裁 因黎無畏無懼、以身作則
Jimmy Lai, founder of Next Digital, and three companies associated with Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. The case entered its 66th day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Thursday (25th), with Chan Tsz-wah, the fifth accomplice witness, giving evidence for his eighth day and beginning cross-examination by the defence.
Under questioning, Chan said that after the National Security Law came into effect, he believed sanctions should continue to be pursued. He said: “Because even someone of Jimmy Lai’s stature can be so fearless, or even set an example, I felt that there were things that needed to be done. But how far to go was something I was still considering at the time.”
The defence also said Chan did not subscribe to “mutual destruction” and frequently mocked people who supported it, which Chan initially disputed. The defence later presented a transcript of a video interview conducted after Chan’s first arrest, in which he was shown to have said: “I myself don’t buy ‘mutual destruction’ ... I often laugh at them.” Chan explained in court: “I did laugh at the concept of ‘mutual destruction’ because I had brought mutual destruction upon myself.” Judge Li Yun-teng asked whether Chan had mocked people who supported “mutual destruction” at the time. Chan said he had not. The trial will resume on Friday (26th).
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（25 日）在西九龍裁判法院（暫代高等法院）展開第 66 日審訊，第五位從犯證人陳梓華第八天作供，開始接受辯方盤問。
陳在盤問下表示，《國安法》生效後，認為需要繼續推動制裁，「因為連黎智英呢啲咁樣級數嘅人物，都可以無畏無懼，甚或乎係以身作則，所以我覺得應該有啲嘢係要去做，但做到邊一步，當時我仲思考緊」。
另外，辯方指陳不接受「攬炒」、經常嘲笑支持「攬炒」的人，陳一度不同意。辯方其後展示陳首次被捕後的錄影會面謄本，顯示他曾稱「我本人都係唔 buy（攬炒）⋯我成日笑佢哋」。陳庭上解釋，「我有笑『攬炒』呢個概念，因為我自己攬炒咗自己」。法官李運騰追問，即陳當時有否嘲笑支持「攬炒」的人？陳稱當時沒有。案件周五（26 日）續審。
25 Apr 2024法庭線#3427
煽動罪三年半．拘捕檢控篇｜共55人被控舊煽動罪 逾七成案涉網上言論
The National Security Law was implemented in Hong Kong in 2020, and the government also brought prosecutions under the sedition offence in the Crimes Ordinance. This was the first time the offence had been invoked since 1997. In March 2024, the Safeguarding National Security Ordinance was passed, changing the elements required to establish the sedition offence and increasing the penalties. The old provisions were replaced from then on and became history.
From the sedition offence being invoked again until its repeal, a period of about three and a half years, 55 people and four companies were charged in 37 cases. Of these, 33 have been concluded, while four cases, including those involving Apple and Stand News, remain at the trial and appeal stages.
The 37 cases show how the government used the sedition offence to regulate speech and conduct, while the courts’ rulings also set new boundaries for freedom of speech, the press and publication. The Witness examines the cases in a series of reports, covering the process from prosecution to sentencing. The first article analyses the cases, examining how many involved online speech and what sedition intent the government most frequently cited in prosecutions.
2020 年《國安法》在香港實施，政府並引用《刑事罪行條例》下的煽動罪起訴，是 1997 年後首次引用該罪。至 2024 年 3 月，《維護國安條例》通過，改變煽動罪的定罪元素，並加重罰則，舊條文自此被取代，成為歷史。
舊煽動罪由重新引用至被廢除，歷時大約 3 年半，這段時間共有 55 人及 4 間公司被控，分成 37 宗案件，當中 33 宗已審結，而《蘋果》、《立場》等 4 案則仍處審訊及上訴階段。
這 37 宗案件反映政府如何運用煽動罪規範言行，而法庭的裁決亦為言論、新聞及出版自由定出新的界線。《法庭線》以專題報道，整理由起訴至判刑的情況，第一篇會分析案情，看看有多少宗涉及網上言論，而政府最常引用作起訴的煽動意圖又是甚麼。
25 Apr 2024法庭線#3431
煽動罪三年半．審訊判刑篇｜100%定罪背後 法庭如何駁回辯方的法律爭議？
The sedition offence under the Crimes Ordinance was brought back into use by the government in 2020, before being replaced and abolished in 2024. Over approximately three and a half years, 55 people were charged in 37 cases, reflecting how the government used the sedition offence to regulate speech and conduct.
In the second feature on the former sedition offence, The Witness reviews four major challenges raised by the defence in the various cases, ranging from the constitutionality of the charges to their extraterritorial effect. None of these challenges has succeeded so far. What were the courts’ reasons for their rulings, and what restrictions were placed on fundamental rights?
The maximum sentence for the first conviction under the former sedition offence was two years’ imprisonment. Of the 29 cases concluded so far, the highest sentencing starting point was 21 months’ imprisonment. What considerations did the courts take into account in sentencing these cases, and which forms of conduct were regarded as warranting heavier penalties?
《刑事罪行條例》下的煽動罪，由 2020 年被政府再次引用，至 2024 年被取代及廢除，歷時大約 3 年半，這段時間共 55 人被控，分成 37 宗案件，反映政府如何運用煽動罪規範言行。
《法庭線》第二篇舊煽動罪的專題報道，回顧辯方於各案提出，由控罪的合憲性至域外效力的 4 個主要爭議，這些爭議目前無一成功——法庭裁斷的理據是甚麼？對於基本權利作出了甚麼限制？
舊煽動罪首次定罪的刑罰上限是監禁兩年，目前已審結的 29 宗案，最高量刑起點是判囚 21 個月，這些案件的量刑，反映法庭有何考慮？哪些涉案行為被認為要承受較重刑罰？
24 Apr 2024法庭線#3413
黎智英案第65日審訊｜陳梓華：被捕後Mark Simon稱會與黎協助安排「後路」
The trial of Next Digital founder Jimmy Lai and three companies associated with Apple Daily, who are charged with “conspiracy to collude with a foreign country or external forces” and other offences, entered its 65th day at the West Kowloon Magistrates’ Courts (temporarily acting as the High Court) on Wednesday (24th). The fifth accomplice witness, Chen Tsz-wah, continued giving evidence for a seventh day.
Chen testified that in August 2020, SWHK believed that the organisation would face risks if Lee Yuet-shun were arrested and considered that he should leave Hong Kong. Chen would take over Lee’s connections, but Lee was “very stubborn” and wanted to remain in Hong Kong. After Lee and Lai were arrested that month, Lai’s assistant Mark Simon told Chen that both he and Lai believed Lai’s arrest “was a good thing” because it could attract attention and boost Apple Daily’s sales.
In October of the same year, Chen was arrested for assisting an offender. A few days after his release, he called Mark Simon, who said that he and Lai would arrange legal and other support for him, and “would also arrange a way out for you in the United States”. He also quoted Mark Simon as saying that he “didn’t need to do anything”, but should be psychologically prepared to be arrested again on a charge under the National Security Law, and should not worry. Mark told Chen to continue international lobbying to promote sanctions. The trial continues on Thursday (25th).
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（24 日）在西九龍裁判法院（暫代高等法院）展開第 65 日審訊，第五位從犯證人陳梓華第七天作供。
陳供稱，2020 年 8 月，SWHK（重光團隊）覺得若李宇軒被捕，會令組織有風險，認為他應離港，由陳接手李的人脈關係，惟李「好頑固」想留港。同月李及黎被捕後，黎的助手 Mark Simon 向陳稱，他與黎智英均認為，黎被捕「係一件好事」，可引起關注，提升《蘋果》銷量。
同年 10 月，陳因協助罪犯被捕，獲釋後幾天致電 Mark Simon，對方指與黎會為他安排法律等支援，「亦都會喺美國安排埋後路畀你」。他又引述 Mark Simon 指「乜都唔使做，但就叫我有心理準備，我會再次被拘捕，罪名係《國安法》，叫我唔使擔心」，著陳應繼續做國際遊說，以推動制裁。案件周四（25 日）續審。
24 Apr 2024法庭線#3417
《立場》被指煽動案原訂4.29裁決 第三度押後至8.30裁決
The prosecution and defence in the Stand News case, in which the outlet is charged with “conspiracy to publish seditious publications”, completed their closing submissions at the end of June 2023. The judgment was originally scheduled for October that year and was later rescheduled for November. At the defence’s request, the court was asked to consider an earlier Privy Council judgment concerning the sedition ordinance. Judge Kwok Wai-kin also wished to await the outcome of Tang Tak-chi’s sedition appeal, and the judgment was postponed to 29 April.
The Judiciary’s website now shows that the judgment has been postponed again to 2:30 p.m. on 30 August, and is expected to take 180 minutes. It is understood that both the prosecution and defence received notification from the court that Judge Kwok Wai-kin needs more time to consider the judgment.
The Stand News case, in which the outlet is charged with the offence of “conspiracy to publish seditious publications”, is the first trial since 1997 involving a media organisation charged with sedition. The trial began in October 2022 and has lasted 57 trial days; the period from the start of the trial to the latest scheduled judgment date spans nearly two years.
《立場新聞》被控「串謀發布煽動刊物」案，自控、辯雙方於 2023 年 6 月底完成結案陳詞，原定於同年 10 月裁決，其後改至 11 月裁決。因應辯方要求法庭考慮英國樞密院早前一份有關煽動條例的判詞，法官郭偉健另希望等候譚得志煽動上訴案結果，案件押後至 4 月 29 日裁決。
司法機構網頁最新顯示，案件再度押後至 8 月 30 日下午 2 時半裁決，預計需時 180 分鐘。據了解，控、辯收到法庭通知，法官郭偉健需要更多時間考慮裁決。
《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，由 2022 年 10 月開審至今歷 57 日審訊，由案件開審至最新裁決日橫跨近 2 年。
24 Apr 2024法庭線#3425
支聯會被指煽動顛覆 鄒幸彤申請一法官避席6.24聆訊 官稱今年未能開審
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which has been removed from the company register, and its former chairpersons Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung are accused of “inciting subversion of state power”. The second case management hearing was held at the High Court on Wednesday (24th). National Security Law designated judge Wilson Chan scheduled a hearing for June 24 to deal with Chow’s application for the recusal of another judge, Anna Yuen Kee Lai. On the same day, Lee and Ho will handle their appeal at the Court of Final Appeal in the 8.18 rolling assembly case.
Wilson Chan said explicitly that there would be a third case management hearing and that an additional Saturday hearing might be arranged. He also said: “Regardless of which judge hears the case, it will not be heard this year.”
Chow also made an oral application for bail and sought a relaxation of restrictions on media reporting. The prosecution opposed both applications. After hearing submissions, the judge immediately rejected both applications, and Chow and the other two defendants continued to be remanded in custody.
已被剔除公司註冊的支聯會，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，周三（24 日）在高等法院處理第 2 次案件管理聆訊。《國安法》指定法官李運騰排期 6 月 24 日，處理鄒幸彤提出，另一法官黎婉姬的避席申請；同日李卓人、何俊仁亦將在終院就 8.18 流水式集會案處理上訴。
李運騰明言，本案將有第 3 次案件管理聆訊，不排除會加開周六處理，又指「無論邊個法官審，今年之內唔會聽得到（本案聆訊）」。
鄒幸彤另即席提出保釋申請，及要求放寬傳媒報道限制，控方皆反對。法官聽取陳詞後，即時拒絕兩項申請，鄒及另外兩被告續還押。
23 Apr 2024法庭線#3411
黎智英案第64日審訊｜陳梓華確認黎曾稱不擔心個人安全 「準備好戰鬥到最後」
Jimmy Lai, founder of Next Digital, and three companies related to Apple Daily are charged with “conspiracy to collude with a foreign country or external elements” and other offences. The case entered its 64th day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Tuesday (23rd), with Chan Tsz-wah, the fifth accomplice witness, giving evidence for a sixth day.
The prosecution showed messages exchanged between Chan and Lai in May 2020, in which they discussed the National People’s Congress’s impending announcement of the “Hong Kong version of the National Security Law”. Lai said he was “prepared to fight to the end”, while Chan replied: “If you all fall, I will be the one left until the end.” Chan explained in court that “if the National Security Law was going to arrest people, the first would be Jimmy Lai”. He also said everyone should be sent away before the National Security Law came into effect, and that he should be the last to leave, “because they had done a lot, but I had never achieved as much as they had”.
The court also heard that Chan messaged Lai in July that year to thank him for everything he had done for the primary election. Chan testified that Lai had originally conceived the primary election, but not everyone agreed to the mechanism when it was held. Lai had “done a lot of work behind the scenes”, using extensive personal connections and media resources, and ultimately brought about the primary election. The trial continues on Wednesday (24th).
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（23 日）在西九龍裁判法院（暫代高等法院）展開第 64 日審訊，第五位從犯證人陳梓華第六天作供。
控方庭上顯示陳與黎於 2020 年 5 月的訊息，兩人討論人大將公布「港版國安法」，黎稱「準備好戰鬥到最後」，陳則回應「如果你們都倒下了，我將是留到最後的人」。陳庭上解釋，「《國安法》若然要拉人的話，第一個就係黎智英」，又指應在《國安法》生效前，將所有人送走，「而我應該係最後尾一個走，因為佢哋做咗好多嘢，但係我一直冇好似佢哋咁有建樹」。
庭上另顯示，陳於同年 7 月向黎發訊息，感謝黎在初選所做的一切。陳供稱，初選當初由黎構思，但當舉辦初選時，並非所有人同意此機制，黎在背後「做好多功夫」，動用了大量人脈及媒體資源，終促成初選。案件周三（24 日）續審。
19 Apr 2024法庭線#3391
黎智英案第63日審訊｜陳梓華：黎提國際遊說 稱他「呢代人」未必實現推翻中共
Jimmy Lai, founder of Next Digital, and three companies linked to Apple Daily are charged with, among other offences, conspiracy to collude with foreign forces. The case entered its 63rd day of trial on Friday (19th) at the West Kowloon Magistrates’ Courts, temporarily acting as the High Court, with Chan Tsz-wah, the fifth accomplice witness, giving evidence for the fifth day. Chan testified that he, Lau Cho-dik and others met Lai in Taipei in early 2020. Lai proposed seeking international recognition and applying pressure through foreign embargoes and sanctions, saying that different sectors would need to unite with civil forces to achieve the “collapse of the CCP”. Lai also mentioned steps for international lobbying, including getting to know “behind-the-scenes figures” such as foreign political advisers. Chan recalled that Lai said, “People of his generation may not be able to achieve this. He hoped that the ‘burn-it-all-down’ team led by Lau Cho-dik, together with these young people, could take over.” Chan and Lau also met Shih Ming-teh, who said that mass movements had to consider three points, including legitimacy. Shih also said that if Lau were arrested, public support could be sought, and encouraged them to “hold high the spirit of sacrifice”. The trial will continue next Tuesday (23rd).
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（19 日）在西九龍裁判法院（暫代高等法院）展開第 63 日審訊，第五位從犯證人陳梓華第五天作供。
陳供稱，與劉祖廸等人於 2020 年初在台北和黎會面，黎提出應爭取國際認同，由外國禁運、制裁以施壓，並需團結不同板塊，加上民間力量，才可以達到「支爆」，黎並提及國際遊說的步驟，包括要認識外國政治顧問等「枱底人」。陳又憶述，當時黎稱「佢呢一代人，未必可以實現呢件事，佢希望劉祖廸牽頭嘅攬炒團隊，同呢班年輕人可以接棒」。
另外，陳與劉亦與施明德見面，施稱群眾運動須考慮認受性等 3 點，又稱若劉被捕可爭取群眾支持，勉勵「要高舉犧牲精神」。案件下周二（23 日）續審。
17 Apr 2024法庭線#3368
黎智英案第62日審訊｜陳梓華確認在黎智英要求下 協調黎與劉祖廸會面
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 62nd day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Wednesday (17th), with Chan Tsz-wah, the fifth accomplice witness, giving evidence for a fourth day.
Chan testified that after the November 2019 District Council elections, Lai’s assistant Mark Simon said the “yellow camp” victories were the prevailing trend and that he and his boss had “started studying the primary election” in the hope of extending this momentum and securing a major victory in the Legislative Council election. Chan met Lai the following month. Lai said the primary election could attract young voters, and that if political novices lost, “their votes could flow to the old pan-democratic camp” in the general election, ultimately consolidating pan-democratic seats.
Chan also said Lai wanted to combine street, legislative and international forces in taking action, and proposed meeting Lau Yu-dit, known as “Lamlash Ba”, for discussions. Chan met Lau in the United Kingdom, where Lau appeared hesitant, and the parties eventually met in Taipei after coordination. Chan also said that Lai “wanted to lead the entire international front”. The trial will continue on Friday.
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（17 日）在西九龍裁判法院（暫代高等法院）展開第 62 日審訊，第五位從犯證人陳梓華第四天作供。
陳供稱，2019 年 11 月區議會選舉後，黎智英助手 Mark Simon 曾稱，「黃絲」勝選屬大勢所趨，他與老闆「開始研究緊初選，就希望延續呢股氣勢」，以在立法會選舉取得大勝。陳翌月與黎見面，黎指初選可吸納年青人票，而若素人落敗，正選時「佢嗰啲票可以流落老泛民」，最後可鞏固泛民議席。
陳又指，黎欲結合街頭、議會及國際力量行動，提出與「攬炒巴」劉祖廸見面商討。陳到英國與劉見面，對方感猶豫，而最終經協調下，眾人於台北會面。陳又提及，黎「想主導成條國際線」。案件周五續審。
Translations are supplied by the source workbook. Consult the original reporting for context.
