16 Apr 2024法庭線#3363
黎智英案第61日審訊｜馬鞍山火燒人後 陳梓華指黎批勇武濫暴、憂失道德高地
Media tycoon Lai Chee-ying and three companies linked to Apple Daily have been charged with offences including conspiracy to collude with a foreign country. The case entered its 61st day of trial on Tuesday (16th) at the West Kowloon Magistrates’ Court, sitting as the High Court, with the prosecution’s fifth accomplice witness, Chan Tsz-wah, continuing to give evidence.
The court was shown WhatsApp messages Lai sent Chan after the November 2019 Ma On Shan incident in which a man was set on fire. Chan testified that he attended a meal the following day with Lai, Lee Wing-tat, Lee Cheuk-yan and others, at which Lai strongly criticised the radical protesters for excessive violence. Lai was concerned that if someone was killed, the movement would lose its moral high ground and international support. Chan also quoted Lai as saying, “Yellow and blue are political views; black and white are a matter of conscience. Some bottom lines need to be upheld,” and said Lai believed that “peaceful, rational and non-violent” means should be the main form of protest.
Chan and Lai also discussed the clashes at the Chinese University of Hong Kong and the Polytechnic University. Chan testified that Lai believed fewer images of violence would better meet Western expectations. He also said Lai had told him about thinking within the US government, and therefore knew what the US side wanted and tried to satisfy those demands. Under questioning by the prosecution, Chan said the demands included that there should be no deaths of police officers or protesters during the anti-extradition bill movement, and no unrestrained violence. The trial continues on Wednesday.
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（16 日）在西九龍裁判法院（暫代高等法院）展開第 61 日審訊，第五位從犯證人陳梓華繼續作供。
庭上展示 2019 年 11 月「馬鞍山火燒人」事件後，黎智英 WhatsApp 向陳稱感到害怕。陳供稱，翌日出席黎與李永達、李卓人等的飯局，黎大力批評「勇武派」濫用暴力，憂慮若「搞出人命」，運動便失去道德高地及國際支持，又引述黎稱「黃藍係政見，黑白係良知，有啲底線係需要堅守嘅」，認為應以「和理非」為主要抗爭手段。
陳與黎亦曾討論中大及理大衝突。陳供稱，黎認為越少暴力畫面，可迎合西方期望，又稱黎曾告知美國政府內部想法，故黎是知道美方要求並盡量滿足；控方追問下，陳稱要求包括整個反修例不可有警察或示威者死亡，亦不可有無止境暴力。案件周三續審。
16 Apr 2024法庭線#3364
指國安委倡拒Tim Owen簽證越權 黎智英上訴被即日駁回 法官指釋法字眼清晰
Media tycoon Jimmy Lai, founder of Next Digital, was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his appointment of British King’s Counsel Tim Owen to come to Hong Kong to represent 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 a court approves the appointment of an overseas lawyer in a national security case, it should first obtain a certificate issued by the Chief Executive.
Lai last year applied for leave to seek judicial review, arguing that the Committee for Safeguarding National Security had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to grant Tim Owen a visa. The application was rejected by Chief Judge of the High Court Jeremy Poon. On Tuesday (16th), Lai’s side applied to the Court of Appeal for leave to appeal, but the application was dismissed the same day. Lai is currently standing trial on the charge of colluding with foreign forces and did not attend court.
The Vice-President of the Court of Appeal, Susan Shuk Hing Kwan, said the wording of Article 14 of the National Security Law and the NPC Standing Committee’s interpretation was clear, making it difficult for the court to interpret it in any other way. The Court of Appeal will issue its reasons for judgment within three months. Senior Counsel Philip John Dykes, representing Lai, said after the ruling that he intended to apply for a certificate to appeal to the Court of Final Appeal.
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。
黎智英去年申請司法覆核許可，指國安委建議入境處拒絕向 Tim Owen 批出簽證，僭越《國安法》權力，被高院首席法官潘兆初駁回。黎一方周二（16 日）在高院上訴庭申請上訴許可，被即日駁回。黎正就勾結外國勢力案應訊，未有到庭。
上訴庭副庭長關淑馨指，《國安法》第 14 條及人大釋法字眼清晰，法庭難以其他方法解讀。上訴庭將於 3 個月內頒布裁決理由。代表黎的資深大律師戴啟思聞判表示，有意申請證明書上訴至終審法院。
15 Apr 2024法庭線#3354
黎智英案第60日審訊｜陳梓華：黎指「勇武派」令示威畫面「唔靚」 欲聯絡要求克制
The trial of Next Digital founder Jimmy Lai and three companies associated with Apple Daily, who are charged with conspiracy to collude with foreign forces and other offences, entered its 60th day on Monday (the 15th) at the West Kowloon Magistrates’ Courts, temporarily exercising the jurisdiction of the High Court. Chan Tsz-wah, the fifth accomplice witness, continued giving evidence.
Chan said he first met Lai in July 2019. Lai asked him to help contact leaders of the “radical protesters”, because they were creating violent protest scenes that made the “footage not look good” and would cause Hong Kong to lose international support. Lai therefore proposed a “purification plan” to contact the leaders and ask them to “show restraint”. Chan said it was difficult to determine who belonged to the “radical protesters” and eventually said he was unable to contact them.
Chan also said that Lai’s assistant Mark Simon had indicated that he and Lai wanted to hold “newspaper exhibitions” at different locations. Chan co-organised a newspaper exhibition in Hong Kong and advanced $30,000, which Mark Simon subsequently reimbursed in full. In addition to the newspaper exhibitions, Chan helped organise various street booths and exhibitions, advancing about $144,000, which Lai likewise reimbursed by cheque. The trial will continue on Tuesday (the 16th).
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（15 日）在西九龍裁判法院（暫代高等法院）展開第 60 日審訊，第五位從犯證人陳梓華繼續作供。
陳稱，他與黎智英於 2019 年 7 月首次會面，當時黎要求他協助聯絡「勇武派」領袖，因為他們製造暴力示威現場，令「畫面唔靚」，會導致香港失去國際支持。所以黎提出「淨化計劃」，即聯絡「勇武派」領袖要求他們「克制」，陳指難以確定誰屬「勇武」，最終表示無法聯絡。
陳又提到，黎的助手 Mark Simon 曾指，他與黎智英欲在不同地方舉辦「報紙展」，而陳亦在香港協辦報紙展，曾墊支 3 萬元，隨後獲 Mark Simon 全數資助。除報紙展外，陳亦協助組織不同街站及展覽，墊支約 14.4 萬元，同樣獲黎智英以支票退還款項。案件周二（16 日）續審。
12 Apr 2024法庭線#3341
黎智英案第59日審訊｜陳梓華：經李柱銘聯絡黎 對方願墊支全球登報費
The trial of Next Digital founder Jimmy Lai and three companies related to Apple Daily, who face charges including conspiracy to collude with foreign forces, entered its 59th day on Friday (12th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Chan Tsz-wah, the fifth accomplice witness, began giving evidence. He said that during the “G20” crowdfunding campaign to place newspaper advertisements in June 2019, the crowdfunding platform withheld the funds, so they needed a “bridging loan”. They therefore contacted Lai through Martin Lee. Lai’s assistant, Mark Simon, replied that the plan was consistent with their political views and that Lai was willing to advance HK$5 million.
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（12 日）在西九龍裁判法院（暫代高等法院）展開第 59 日審訊，第五位從犯證人陳梓華開始作供，提到 2019 年 6 月「G20」眾籌登報行動時，因眾籌平台扣起資金，他們需要一筆「過渡性貸款」，遂透過李柱銘聯絡黎智英，其助手 Mark Simon 回覆指計劃符合他們的政治主張，黎願意墊支 500 萬元。
陳續指，「G20」登報行動後，Mark Simon 大讚登報行動，指他與黎非常滿意成效，並指未來的文宣方向，應延續「G20 登報」影響力，例如舉行展覽﹐又指在文宣方面，願意提供經濟、人脈及傳媒方面的協助。案件下周一（15 日）續審。
11 Apr 2024法庭線#3337
黎智英案第58日審訊｜李宇軒：國安法生效後沒停止國際遊說 因覺得「北京會搬龍門」
The trial of Apple Daily founder Jimmy Lai and three companies linked to Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, entered its 58th day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Thursday (11th). Andy Li, the fourth accomplice witness, gave evidence for his 15th day, while the defence began its second day of cross-examination.
Under cross-examination, Li agreed that before the National Security Law took effect, he believed work including crowdfunding and lobbying was lawful. He also said the law’s provisions were ambiguous and subject to broad interpretation, and that it “applies to people all over the world”. Judge Li Yun-tung asked why he had not stopped international lobbying at the time. Li said he thought “Beijing would move the goalposts”: “If Beijing thinks you are a political opponent, whether you continue or stop doing it, it will find a way to politically prosecute you.” He ultimately decided to continue lobbying.
The defence also asked about Chan Tsz-wah’s communications with Li. Li confirmed that Chan had said his “militant team” was involved in the “721 white-clad men” incident, a protest at the Liaison Office and a 2020 explosives incident at a border checkpoint. Chan also mentioned that if an exile government and an army were to be formed, the Israeli military could train the “militants”, although Li said he “did not know how serious [Chan] was”. Li completed his evidence, and Chan Tsz-wah will testify on Friday (12th).
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（11 日）在西九龍裁判法院（暫代高等法院）展開第 58 日審訊，第四位從犯證人李宇軒第 15 日作供，辯方展開第二日盤問。
李宇軒在盤問下同意，他在《國安法》生效前，認為眾籌、遊說等工作均合法，又指《國安法》條文含糊、詮釋廣闊，「全球嘅人都適用」。法官李運騰問，那他當時為何不停止國際遊說？李宇軒指，覺得「北京會搬龍門」，「如果北京覺得你係政敵嘅話，無論你繼續定唔繼續去做，佢都會搵到方法去政治檢控你」，終決定繼續遊說工作。
辯方另問及陳梓華與李宇軒的聯繫，李確認，陳曾表示，其「勇武隊」涉「721 白衣人」事件、中聯辦示威、2020 年口岸爆炸品事件等。陳亦提及，若要組成流亡政府及成立軍隊，以色列軍隊可訓練「勇武」，但「唔知佢（陳）有幾認真」。李完成作供，陳梓華將於周五（12 日）作供。
11 Apr 2024法庭線#3339
41歲男涉串謀煽動分裂國家囚5年 因案例不獲全數認罪減刑 官斥妖魔化中國
A 41-year-old Portuguese male music teacher described as the chairman of the “Hong Kong Independence Party” was arrested upon entering Hong Kong in 2022. Initially charged with conspiracy to incite, he was later charged under the National Security Law with conspiracy to incite others to commit secession. He previously pleaded guilty and was sentenced to five years’ imprisonment at the District Court on Thursday (11th).
Judge Wilson Chan Kin-hong said the defendant had distorted history and demonised the Chinese Government, adding that anyone with some historical knowledge would know that his proposals were “inconsistent with historical facts and unreasonable”. The judge said he was ignorant of the international political environment. He also said foreign politicians, acting in the interests of their own countries, used the pretext of Hong Kong being oppressed to suppress and boycott China and Hong Kong. The posts could make people mistakenly believe that they had foreign support; influenced by distorted logic and superficial slogans, this would undermine social order.
The judge said that after emigrating abroad, the defendant should already have “pledged allegiance to another country” and been in a “safe place”, but he incited Hong Kong people to hate China and Hong Kong, encouraged the violent overthrow of the Hong Kong Government, and promoted Hong Kong independence. The case was therefore classified as involving “serious circumstances”, with a starting point of 78 months’ imprisonment. In light of the precedent in the “Lui Sai Yu case”, the minimum sentence for an offence involving “serious circumstances” is five years’ imprisonment. Accordingly, despite his guilty plea, the defendant was not given the full reduction.
一名被指為「香港獨立黨」主席的 41 歲葡籍男音樂教師，2022 年入境時被捕，原被控串謀煽動罪，被改控《國安法》下的「串謀煽動他人實施分裂國家」罪。他早前認罪，周四（11 日）在區域法院被判囚 5 年。
法官練錦鴻指，被告扭曲歷史，妖魔化中國政府，稍有歷史知識的人，都知其建議「不符史實、不合情理」，指他對國際政治生態無知。官又指，外國政客為其所屬國家的利益，以香港被壓迫為借口，打壓及抵制中港，有關帖文會令人誤以為得到外國助勢，受扭曲的邏輯及膚淺口號影響，摧殘社會秩序。
官稱，被告移民外地後理應已「效忠別國」、身在「安全之地」，但他煽動港人對中港的仇恨，鼓勵以暴力推翻香港政府和宣揚香港獨立，將案件訂為「情節嚴重」，以 78 個月為量刑起點。因應「呂世瑜案」案例，「情節嚴重」者刑期下限為 5 年監禁，故即使被告認罪，亦不獲全數減刑。
10 Apr 2024獨媒#3327
35歲男認連登發煽動訊息判監5個月 官批指控官員貪污「無中生有」、煽動仇恨
An unemployed 35-year-old man was charged with one count of “doing one or more acts with seditious intention” over seditious statements he allegedly posted on LIHKG between July last year and January this year, including “senior officials and the business sector collude in corruption every year” and “Hong Kong nation”. He previously pleaded guilty. At sentencing at West Kowloon Magistrates’ Courts on the 22nd, national security law-designated judge and Chief Magistrate Don Man Lung So said the defendant had posted 36 seditious messages over six months advocating Hong Kong independence, supporting unjustified foreign sanctions against Hong Kong, insulting the national anthem, and making baseless corruption allegations against officials that were fabricated from nothing, thereby provoking readers’ feelings of resentment and inciting hatred. The starting point was set at seven and a half months, reduced by one-third for his guilty plea, resulting in a five-month prison sentence.
35歲無業男子涉於去年7月至今年1月期間，在「連登」發布煽動言論，包括「高官商界年年勾結貪污」、「香港國」等，被控一項「作出一項或多項具煽動意圖的作為」罪。他早前承認控罪，今（22日）於西九龍法院判刑，國安法指定法官、主任裁判官蘇文隆指，被告在6個月內發布了36則煽動訊息，鼓吹香港獨立、支持外國對香港的無理制裁、侮辱國歌，及對官員作出毫無基礎的貪污指控、無中生有，藉此挑動讀者厭惡情緒及煽動仇恨等，故以7個半月為量刑起點，被告認罪後扣減三分一，判監5個月。
10 Apr 2024法庭線#3329
黎智英案第57日審訊｜李宇軒盤問下確認 從沒與黎智英見面 大部分SWHK成員年輕
Lai Chee-ying, 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 57th day of trial on Wednesday (10th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court. Li Yu-hin, the fourth accomplice witness, gave evidence for the 14th day. The prosecution completed its examination-in-chief, and the defence began cross-examination.
Under cross-examination, Li agreed that he had never met or communicated with Lai Chee-ying either before or after the National Security Law came into effect. Regarding Mark Simon, whom the prosecution described as Lai’s personal assistant, Li confirmed that he met Simon only once, in September 2019, when Simon met US Senator Rick Scott during the latter’s visit to Hong Kong. Li had no further contact with Simon after the National Security Law came into effect.
The defence also questioned Li about SWHK (Stand With Hong Kong). Li described SWHK as having no leadership structure and no central command, agreed that it was a “grassroots crowdfunding initiative organisation”, and said that most SWHK members were from the younger generation, including Lau Chor-dik, known as “Gweilo”, and Chan Tsz-wah.
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（10 日）在西九龍裁判法院（暫代高等法院）展開第 57 日審訊，第四位從犯證人李宇軒第 14 日作供，控方完成主問，由辯方展開盤問。
李盤問下同意，他在《國安法》生效前後，都從沒與黎智英會面或通訊。至於被控方指為黎智英私人助理的 Mark Simon，李確認於 2019 年 9 月唯一一次與對方見面，當時與訪港的美參議員 Rick Scott 會面，《國安法》生效後則與對方完全沒聯繫。
辯方又問及 SWHK（重光團隊）架構，李形容 SWHK 沒有領導架構、無大台、同意屬「草根眾籌倡議組織」，又指大部分 SWHK 成員是年輕一代，例如「攬炒巴」劉祖廸、陳梓華。
9 Apr 2024法庭線#3326
黎智英案第56日審訊｜李宇軒：香港有政治逼害 曾與陳梓華商討離港組流亡政府
Jimmy Lai, founder of Next Digital, and three companies linked to Apple Daily are charged with offences including conspiracy to collude with foreign forces. The case entered its 56th day of trial on Tuesday (the 9th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, with fourth accomplice witness Andy Li giving evidence for his 13th day.
The prosecution presented messages exchanged between Andy Li and Chan Tsz-wah in July 2020. Li referred to “at least one public-facing person leaving Hong Kong and setting up a government elsewhere”. In court, Li explained that they had been discussing international and social-movement developments and believed they would face a “bottleneck” and a “power vacuum”, and therefore needed a “public-facing person” to leave Hong Kong and form a “government in exile”.
Judge Lee Wan-tang asked why Li was still considering “coming to the fore” when the National Security Law had already been implemented. Li explained: “Because if we didn’t step forward, Hong Kong would still be ruled by the Hong Kong regime controlled by the Chinese Communist Party, so we had already fallen into an environment of political persecution. In other words, it was already bad enough.”
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（9 日）在西九龍裁判法院（暫代高等法院）展開第 56 日審訊，第四位從犯證人李宇軒第 13 日作供。
控方展示李宇軒於 2020 年 7 月與陳梓華的對話訊息，當中李提及「至少一個枱面人，離開香港，去第度開政府」。李庭上解釋，當時兩人談及國際及社運形勢，認為會面對「樽頸」及「權力真空」，因此需要「枱面人」離港組「流亡政府」。
法官李運騰追問，當時《國安法》已實施，為何李宇軒仍考慮「浮上枱面」？李宇軒解釋，「因為唔企出嚟，香港依然會被中國共產黨控制嘅香港政權統治，所以已經跌咗入一個有政治逼害嘅環境入面。即係，已經夠差」。
8 Apr 2024法庭線#3319
黎智英案第55日審訊｜李宇軒確認以義工角色 助日本議員推動制裁
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 foreign forces”, entered its 55th day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Monday (8). Andy Li, the fourth accomplice witness, gave evidence for the 12th day.
Li said the Inter-Parliamentary Alliance on China (IPAC) had held meetings to examine agreements on the surrender of fugitive offenders with Hong Kong and to discuss “reducing strategic dependence on China”. Attendees at the latter included Nathan Law, former founding chairman of Demosisto, and Edward Leung, former convenor of Hong Kong Indigenous. They spoke at the meeting about the situation in Hong Kong after the implementation of the National Security Law.
Li also said that, in a volunteer capacity, he helped then-lawmaker Shiori Kanno organise the Japan Parliamentary Alliance on China (JPAC), a cross-party grouping of Japanese lawmakers and an affiliate of IPAC. It was founded to ask China not to arbitrarily harm universal values and fundamental human rights.
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（8 日）在西九龍裁判法院（暫代高等法院）展開第 55 日審訊，第四位從犯證人李宇軒第 12 日作供。
李宇軒供稱，「對華政策跨國議會聯盟」（IPAC）曾召開會議，分別檢視與香港的移交逃犯協議，以及討論「對華減少戰略依賴」，後者的出席者包括前香港眾志創黨主席羅冠聰、及前本土民主前線召集人黃台仰，兩人在會上講述香港在《國安法》實施後的情況。
另外，李稱以義工身分，協助日本時任議員菅野志櫻里，組織由日本跨黨派國會議員組成的「對中政策相關國會議員聯盟」（JPAC），即 IPAC 的附屬組織，創立目的是請求中國不要恣意傷害普世價值觀及基本人權。
Translations are supplied by the source workbook. Consult the original reporting for context.
