7 Mar 2024法庭線#3117
黎智英案第40日審訊｜楊清奇：黎「用人用到盡」 不合心意很快換人
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are charged with offences including conspiracy to collude with foreign forces. The case entered its 40th day of trial on Thursday (7th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with Yeung Ching-kei, a former Apple Daily chief writer and the third accomplice witness, giving evidence for the fourth day.
Yeung said that when Lai requested a change of writer for the forum section, “I was working there, so when there were instructions, they had to be carried out.” Judge Li Yun-tung asked why Lai’s instructions still had to be followed when he held no formal position at Apple Daily between 2019 and 2020. Yeung described Lai as “a generous boss, but also a cruel boss”, saying that Lai had distributed shares to senior staff but also “used people to the fullest”. “If they did not suit him, he would quickly replace them … I wanted to stay at Apple Daily, so I had to follow his instructions,” he said. The trial will continue on Friday (8th).
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（7 日）在西九龍裁判法院（暫代高等法院）展開第 40 日審訊，第三位從犯證人、前《蘋果》主筆楊清奇第四日作供。
楊供稱，當黎要求更換論壇版寫手時，「我喺度打工，所以有指示要去執行」。法官李運騰問，黎 2019 至 2020 年間在《蘋果》沒有正式職位，為何仍要聽其指示？楊形容，黎是「慷慨老闆，又係一個殘忍嘅老闆」，因黎曾向高層派股票，但同時亦「用人用到盡」，「如果唔啱佢心意，好快就換人⋯我想留喺《蘋果》，所以都要跟從佢指示。」案件周五（8 日）續審。
7 Mar 2024法庭線#3119
首宗煽動案上訴｜黃啟暘：外國縱有成文法亦會考慮普通法發展 江樂士：同意裁決
The appeal in the Tam Tak-chi sedition case was dismissed. The Court of Appeal also ruled that Hong Kong’s sedition offence is statutory, and that under common law, an intention to incite violence is not a necessary element for conviction. It said the sedition provisions had struck a balance between the public interest and freedom of expression.
Legal commentator Edward Wong Kai-yeung i said the Court of Appeal’s reasoning was unconvincing, citing Canada and other jurisdictions where courts consider developments in common law despite having written laws. Wong also said the Court of Appeal’s ruling was binding and lower courts must follow it, including in the Stand News case, which is awaiting judgment. It is expected that similar cases will have less scope in future to raise disputes over issues such as constitutionality and whether an intention to incite violence must be proved.
Former Director of Public Prosecutions Grenville Cross said he agreed with the Court of Appeal that the rulings in the Privy Council cases were obiter dicta. He also said that with the publication of the draft legislation for Article 23 of the Basic Law, “incitement to violence” would not be a necessary element of the sedition offence in future. He believed there was no need to change the wording, as doing so could create a legal vacuum and weaken the ability to safeguard national security.
譚得志煽動案上訴被駁回，上訴庭並裁定香港煽動罪屬成文法，而普通法下煽動暴力意圖並非定罪的必要元素，又指煽動罪條文在社會利益和言論自由之間已取得平衡。
法律評論員黃啟暘認為，上訴庭的說法欠說服力，舉例加拿大等地縱有成文法，法庭亦會考慮普通法的發展。黃又指，上訴庭裁決具約束力，下級法院須跟從，包括正候裁決的立場新聞案，預料日後同類案難再就合憲性、須否證明煽暴意圖等議題提出爭議。
前刑事檢控專員江樂士指，同意上訴庭指英國樞密院案例的裁斷，屬附帶意見。他又指，隨著《基本法》第 23 條立法草案出爐，「煽動暴力」並非日後煽動罪的必要元素，他認為毋須改變寫法，否則有機會造成法律真空，削弱維護國安能力。
6 Mar 2024法庭線#3113
黎智英案第39日審訊｜楊清奇：黎曾建議邀建制派撰稿 2018年後立場轉趨激進
Next Media founder Jimmy Lai and three companies associated with Apple Daily are charged with offences including conspiracy to collude with a foreign power. The case continued on Wednesday (the 6th) at the West Kowloon Magistrates’ Courts, sitting in place of the High Court, for its 39th day of trial. The third prosecution witness, former Apple Daily chief writer Yeung Ching-ki, gave evidence for a third day.
The prosecution questioned Yeung about the Forum section. He said that when he took over the section in 2015, colleagues told him that article selection was guided by three basic principles: supporting political democracy and economic marketisation, and not supporting Hong Kong independence. He recalled that in 2016, Lai suggested inviting pro-establishment leaders, including Executive Council members, to write for the paper in order to make the Forum section more diverse. Yeung and his colleagues were surprised, wondering whether the idea was “a little naive”.
Yeung continued that a small number of pro-establishment figures still wrote for Apple Daily at the time, but none did so after 2019. He considered 2018 to be a turning point when Lai’s stance became more radical, citing as an example Lai’s recommendation that veteran media professional Au Ka-lun write for the paper. The trial will continue on Thursday (the 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，案件周三（6 日）在西九龍裁判法院（暫代高等法院）展開第 39 日審訊，第三位控方證人、前《蘋果》主筆楊清奇第三日作供。
控方圍繞論壇版提問，楊清奇供稱，於 2015 年接手論壇版時，獲同事告知選稿有 3 個基本原則，包括支持政治民主、經濟市場化，以及不支持港獨。他憶述，黎智英於 2016 年曾建議邀請建制派領袖撰稿，包括行會成員，希望報紙論壇版多元化。楊與同事均感吃驚，認為「想法係咪天真咗啲」。
楊續指，當時仍有少數建制派為《蘋果》供稿，但 2019 年後完全沒有建制派撰稿，認為 2018 年是黎轉趨激進的轉捩點，舉例提到他曾推薦資深傳媒人區家麟撰稿。案件周四（7 日）續審。
5 Mar 2024法庭線#3104
黎智英案第38日審訊｜楊清奇：《國安法》後寫手減少 黎指示找海外作者撰稿
Next Digital founder Jimmy Lai and three companies associated with Apple Daily have been charged with offences including conspiracy to collude with foreign forces. The case resumed on Tuesday (5th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, for its 38th day of trial. Yeung Ching-kei, the third prosecution witness and a former Apple Daily chief writer, gave evidence for a second day.
The prosecution continued questioning Yeung about Apple Daily’s Forum page. He testified that Lai had asked for people with standing and insider information to write articles. The prosecution presented messages Yeung sent after the National Security Law came into force, including the remark that “some people had explicitly said they did not dare write for Apple”. Yeung explained in court that some writers were concerned that they did not know where the National Security Law’s “red line” lay and that the risks were particularly high. Lai subsequently instructed that overseas authors be found to write articles because they had fewer concerns. The trial will continue on Wednesday (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，案件周二（5 日）在西九龍裁判法院（暫代高等法院）展開第 38 日審訊，第三位控方證人、前《蘋果》主筆楊清奇第二日作供。
控方續圍繞《蘋果》論壇版提問，楊清奇供稱，黎要求找有份量及有內幕消息的人撰文。控方展示《國安法》後楊所傳送的訊息，提到「啲人話到明唔敢幫蘋果寫」，楊庭上解釋，有作者擔心《國安法》紅線「唔知點畫」、風險特別高，黎其後指示找海外作者撰文，因他們顧忌較少。案件周三（6 日）續審。
4 Mar 2024法庭線#3092
黎智英案第37日審訊｜楊清奇：飯盒會非討論交流 論壇版不會與黎觀點「作對」
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 37th day of trial on Monday (4th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with Yang Ching-kei, the prosecution’s third witness and a former Apple Daily chief editor, giving evidence on his first day in the witness box.
Yang testified that the “lunch-box meetings” were not for discussion, but for Lai to collect questions from different departments and then give instructions. He also said Lai did not give direct instructions to the forum section, but the views expressed in his column were more explicit and clear than his verbal instructions. Therefore, “the forum section definitely would not go against him.” Yang further said Apple Daily’s reporting became more radical in its approach after the anti-extradition bill movement, and that after the National Security Law came into force, it no longer pursued balanced reporting.
The prosecution also referred to a dinner Yang had at Lai’s residence in 2020, during which the National Security Law was discussed. Yang said everyone was very concerned at the time about whether Lai would be arrested. He said: “Mr Lai said he was not afraid. If he were arrested, it would further prove the suppression of human rights by the Chinese Communist Party and the Hong Kong government, as well as the suppression of press freedom. He believed the United States, the United Kingdom and Europe would not stand by and do nothing.” The trial continues on Tuesday (5th).
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（4 日）在西九龍裁判法院（暫代高等法院）展開第 37 日審訊，第三位控方證人、前《蘋果》主筆楊清奇首日作供。
楊清奇供稱，「飯盒會」並非用作討論，而是讓黎收集各部門的問題，再給予指示。他又指，黎沒有直接向論壇版發指示，但其專欄文章的觀點，比其口頭指示更明確、清晰，因此「論壇版一定唔會同佢作對」，又指反修例運動後，《蘋果》報道角度變得激進，《國安法》實施後，不追求平衡報道。
另外，控方提及楊在 2020 年到黎寓所晚飯，曾經討論《國安法》。楊稱大家當時都很關心黎會否被捕，「黎生話佢唔驚嘅，如果佢被拉呢，更加證明到中共同香港政府對人權嘅打壓，同時打壓新聞自由，佢相信美國、英國同歐洲唔會坐視不理」。案件周二（5 日）續審。
4 Mar 2024法庭線#3099
黎智英案第37日審訊｜楊清奇：飯盒會非討論交流 論壇版不會與黎觀點「作對」
The trial of Next Media founder Jimmy Lai and three companies related to Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, began its 37th day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Monday (4th). Former Apple Daily chief editorial writer Yeung Ching-kei, the prosecution’s third witness, gave evidence for the first time.
Yeung testified that the “lunchbox meetings” were not for discussion, but allowed Lai to collect questions from different departments and then give instructions. He said Lai did not give direct instructions to the Forum page, but that the views expressed in his columns were more explicit and clear than his verbal instructions. As a result, “the Forum page definitely would not go against him.” He also said Apple Daily’s reporting angle became more radical after the anti-extradition bill movement, and that after the National Security Law was implemented, it no longer pursued balanced reporting.
The prosecution also mentioned that Yeung had dinner at Lai’s residence in 2020, when they discussed the National Security Law. Yeung said everyone was concerned at the time about whether Lai would be arrested. “Mr Lai said he wasn’t afraid. If he was arrested, that would further prove that the Chinese Communist Party and the Hong Kong government were suppressing human rights, while also suppressing press freedom. He believed that the United States, Britain and Europe would not stand by and do nothing.” The trial will continue on Tuesday (5th).
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（4 日）在西九龍裁判法院（暫代高等法院）展開第 37 日審訊，第三位控方證人、前《蘋果》主筆楊清奇首日作供。
楊清奇供稱，「飯盒會」並非用作討論，而是讓黎收集各部門的問題，再給予指示。他又指，黎沒有直接向論壇版發指示，但其專欄文章的觀點，比其口頭指示更明確、清晰，因此「論壇版一定唔會同佢作對」，又指反修例運動後，《蘋果》報道角度變得激進，《國安法》實施後，不追求平衡報道。
另外，控方提及楊在 2020 年到黎寓所晚飯，曾經討論《國安法》。楊稱大家當時都很關心黎會否被捕，「黎生話佢唔驚嘅，如果佢被拉呢，更加證明到中共同香港政府對人權嘅打壓，同時打壓新聞自由，佢相信美國、英國同歐洲唔會坐視不理」。案件周二（5 日）續審。
1 Mar 2024法庭線#3073
黎智英案第36日審訊｜陳沛敏完成15日作供 料前主筆楊清奇下周一作供
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are charged with offences including conspiracy to collude with foreign forces. The case entered its 36th day of trial on Friday (1st) at the West Kowloon Magistrates’ Courts, temporarily acting as the High Court, where the second prosecution witness, former Apple Daily associate publisher Chan Pui-man, completed 15 days of testimony.
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（1 日）在西九龍裁判法院（暫代高等法院）展開第 36 日審訊，第二位控方證人、前《蘋果》副社長陳沛敏完成 15 日作供。
陳沛敏在控方覆問下確認，黎智英是泛民支持者，因此重視相關新聞，又指他在 2019 年反修例運動後，認同「和勇不分」，對「非和平」示威手法採取諒解態度，故要求下屬多採訪示威者心聲，讓公眾更明白他們。案件下周一（4 日）續審，料傳召前《蘋果》主筆楊清奇作供。
1 Mar 2024獨媒#3078
【初選47人案】32人還柙至今三年 尚未有裁決日期
Three years ago today, 47 members of the pro-democracy camp accused of organising and taking part in a primary election were brought before the West Kowloon Magistrates’ Courts for the first time, charged with “conspiracy to subvert state power”. After a 38-hour “marathon” hearing, 15 were granted bail, but the Department of Justice immediately applied for a review, and all had to be remanded in custody. Eventually, after the Department of Justice withdrew some of the review applications and the defendants successively applied to the High Court, 15 were granted bail. However, Chow Ka-shing and Yu Wai-ming were remanded again for breaching their bail conditions, while the other 32 have remained in custody for exactly three years.
三年前的今天，47名組織及參與初選的民主派被控「串謀顛覆國家政權」罪，於西九龍裁判法院首度提堂。經歷38小時「馬拉松式」聆訊後，15人獲准保釋，惟律政司隨即提出覆核，全部人須即時還柙。最終在律政司主動撤銷部分覆核、各人相繼到高等法院申請下，15人獲准保釋，但鄒家成和余慧明因違反保釋條件再度還柙，其餘32人則還柙至今整整三年。
29 Feb 2024法庭線#3065
47人案｜還押逾千日胡志偉獄中悉母離世 出席喪禮須審批 懲教稱私隱不回應
The case involving 47 pro-democracy figures charged with “conspiracy to subvert state power” reached its third anniversary on Wednesday (28th), counting from when the defendants reported to police stations and were detained. Among them, former Democratic Party chairperson Wu Chi-wai has been on remand for 1,091 days; his mother died peacefully on Wednesday morning.
47 名民主派被起訴「串謀顛覆國家政權」一案，由各人到警署報到被羈留計，案件本周三（28 日）已持續 3 年。當中已還押達 1,091 日民主黨前主席胡志偉，母親周三早上安詳離世。
胡的黨友兼徒弟莫建成，回覆《法庭線》時指，胡已知悉情況，胡老太太的身後事已著手處理，「志偉和團隊感謝各方好友的關心」。有報道引消息指，胡擬向懲教署申請外出參加喪禮。
懲教署回覆指，為保私隱，不會對個別在囚人士的個案作出回應。按《監獄規則》，在囚人士如申請外出拜祭，院所會根據罪行、保安風險等因素作評估。胡 2021 年曾申請外出參加父親喪禮，懲教拒絕並反建議以「視像方式」參加；胡其後獲高院人道理由批准短暫保釋。
29 Feb 2024法庭線#3066
涉TG討論「大屠殺」警員及支持防疫者 4男判囚16至38月 官指言論反政府
In early 2022, as Covid-19 was raging, five men and women were accused of advocating the use of violence and weapons in a Telegram group to attack police officers, public officials and members of the public who supported anti-pandemic policies, and of declaring that they would “carry out a massacre”. Four men pleaded guilty to conspiracy with intent to cause injury, incitement and other offences. They were jailed for 16 to 38 months at the District Court on Thursday (29th).
2022 年初新冠肺炎肆虐，5 名男女被指在 Telegram 群組倡議以暴力手段及武器，攻擊警員、公職人員及支持防疫政策的市民，揚言「實施一場大屠殺」。 4 男承認串謀有意圖傷人、煽動等罪，周四（29 日）在區域法院判囚 16 至 38 個月。
法官練錦鴻判刑時稱，被告的言論實際是反政府，「企圖將 2019 年社會事件留下殘餘的灰燼，再挑起火頭，再挑撥起同樣對社會不滿的人，破壞已有制度，同歸於盡」。法官又指，涉案帖文沒有政治理念，是宣洩仇恨，「與其他恐怖分子沒有太大的不同」。
有被告案發時不足 18 歲，官指「年輕並非一個身分，亦非成就」，亦非任意妄為的藉口，又指有社會賢達、知識分子公然說暴力可以解決問題，但他們因為有足夠警覺及專業知識，「可以在紅線之前停下」，誤信其言的人則「未能及時轉向，墮入深淵」。
Translations are supplied by the source workbook. Consult the original reporting for context.
