19 Jan 2024法庭線#2840
黎智英案第13日審訊｜張劍虹：黎晤美高官後「幾雀躍」 《蘋果》編採政策越趨偏激
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 powers, entered its 13th day on Friday (19th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. Cheung Kim-hung, a former Next Digital chief executive and a prosecution accomplice witness, continued giving evidence.
Cheung testified that, at Lai’s request, he interviewed Lam Wing-kee to build momentum for the “428 anti-extradition march”. Lai considered the situation “too quiet” and then instructed him to interview former Hong Kong governor Chris Patten. Court communications also showed that Cheung suggested Lai donate part of Apple Daily’s subscription revenue to protesters. Lai called it “a good idea” and said he believed it “could encourage people who support the protests and movement to subscribe to Apple Daily”. Cheung subsequently instructed the accounts department, at Lai’s direction, to issue a payment of 300,000 to the Civil Human Rights Front fund.
Cheung also said Lai was “quite elated” after meeting then-US Vice-President Mike Pence and Secretary of State Mike Pompeo, describing the group as “a bit high (excited), feeling that the movement seemed to have hope”. He said that after Lai’s visit to the United States, Apple Daily’s editorial policy became more radical, with Lai calling for coverage to express sympathy for “violent, more radical scenes”. Cheung also said Lai had mentioned protests and resistance, and called for sanctions against officials in mainland China and Hong Kong. The trial will resume 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 13 日審訊。控方「從犯證人」、前壹傳媒行政總裁張劍虹繼續作供。
張供稱，應黎智英要求訪問林榮基，催谷「428 反送中遊行」，惟黎認為情況仍是「太靜」，再指示訪問前港督彭定康。庭上通訊記錄另顯示，張建議黎將部分《蘋果》訂閱收入捐助抗爭者，黎稱「好主意」，又稱他認為「可以鼓勵支持抗爭同運動嘅人，願意去訂閱《蘋果》」。其後，張按黎指示著會計部開票 30 萬元予民陣基金。
張又指，黎與美國時任副總統彭斯、國務卿蓬佩奧會面後「都幾雀躍」，又形容大家「有啲 high（興奮），覺得個運動好似有希望咁囉」。他稱黎訪美後，《蘋果》編採政策變得偏激，要求報道「暴力、激進啲場面」表達同情﹐又指黎提及示威、抗爭，以及要求制裁中港官員。案件下周二（23 日）續審。
18 Jan 2024法庭線#2833
黎智英案第12日審訊｜張劍虹：黎盼《蘋果》英文版走向美國 內容要「偏黃」
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are charged with, among other offences, conspiracy to collude with foreign forces. The trial continued on Thursday (18th) at the West Kowloon Magistrates’ Courts, sitting as the High Court, with the prosecution’s accomplice witness, former Next Digital chief executive Cheung Kim-hung, continuing his testimony.
Cheung testified that when Apple Daily launched its English edition in 2020, Lai said he hoped the edition would “move towards the United States, with American readers becoming a lever between Apple Daily and US politics”. Lai also wanted the articles to be “yellow”, covering protests, resistance against authority and sanctions, and not be “pro-China”.
The court also saw communications between Cheung and Lai. For example, Lai forwarded Cheung a photograph of former Chief Secretary Anson Chan meeting then-US Vice-President Mike Pence, saying it was major news and instructing him to “make the biggest possible impact with this news”. Lai also relayed to him a message from former US Consul General to Hong Kong and Macau James Cunningham, which said that Chan was “quite concerned about the Fugitive Offenders Ordinance and realised that it needed to be defeated”. The trial will continue on Friday (19th).
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（18 日）在西九龍裁判法院（暫代高等法院）展開第 12 日審訊﹐控方「從犯證人」、前壹傳媒行政總裁張劍虹繼續作供。
張劍虹供稱，《蘋果》於 2020 年推出英文版時，黎智英曾指希望英文版「走向美國、美國讀者成為《蘋果》同美國政治嘅槓桿」，又指黎要求文章「偏黃」，內容涉抗爭、逆權、制裁，不要「親中」。
庭上另展示張與黎的通訊記錄，例如黎向張轉發一張前政務司司長陳方安生與美國時任副總統彭斯會面的相片，表示是重大新聞，吩咐他「用呢個新聞做到最大效果」。黎又向他轉述美國駐港澳前總領事郭明瀚（James Cunningham）訊息，內容提及陳方安生「相當關注《逃犯條例》，意識到需要擊退它」。案件周五（19 日）續審。
17 Jan 2024法庭線#2821
黎智英案第11日審訊｜張劍虹：佔中是黎積極編採「分水嶺」 指示藉《蘋果》籲抗爭
Jimmy Lai, founder of Next Digital, and three companies associated with Apple Daily have been charged with, among other offences, “conspiracy to collude with foreign forces”. The case entered its 11th day of trial on Wednesday (17th) at the West Kowloon Magistrates’ Courts, which is temporarily serving as the High Court. Cheung Kim-hung, a prosecution accomplice witness and former chief executive of Next Digital, began giving evidence about Apple Daily’s day-to-day editorial process, including Chan Pui-man’s responsibility for selecting the newspaper’s front page and Lai’s holding of “lunchbox meetings” to give editorial instructions.
Cheung also said that the 2014 Occupy Central movement was a “watershed”, after which Lai actively participated in Apple Daily’s editorial policy and instructed the newspaper to call on the public to pursue democracy and take to the streets to protest. When the anti-extradition bill movement broke out in 2019, Cheung said Lai believed that the Fugitive Offenders Ordinance suppressed Hong Kong’s democracy and freedoms, describing it as “sending disobedient Hongkongers, who are thorns in the Chinese Communist Party’s side, back to the mainland”. He hoped Western countries would pay attention and even impose sanctions on mainland and Hong Kong officials. The trial will continue on Thursday (18th), with Cheung continuing to give 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，案件周三（17 日）在西九龍裁判法院（暫代高等法院）展開第 11 日審訊。控方「從犯證人」、前壹傳媒行政總裁張劍虹開始作供，講述《蘋果》日常編採流程，如陳沛敏負責揀選報章頭版，黎召開「飯盒會」給予編採指示。
張劍虹又提到，2014 年佔中運動是「分水嶺」，黎此後積極參與《蘋果》編採政策，指示透過《蘋果》呼籲公眾爭取民主、上街抗爭。至 2019 年反修例運動爆發，張稱黎認為《逃犯條例》打壓香港民主自由，形容「將唔聽話嘅香港人，同中共眼中釘送返大陸」，希望西方國家關注，甚至出手制裁中港官員。案件周四（18 日）續審，張繼續作供。
16 Jan 2024法庭線#2820
黎智英案第10日審訊｜官批准專家報告呈堂 控方周三傳召張劍虹作供
The trial of Next Digital founder Lai Chee-ying and three companies linked to Apple Daily, who face charges including conspiracy to collude with foreign forces, entered its 10th day at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Tuesday (the 16th). The defence argued that the expert reports were irrelevant to the elements of the two national security offences, saying the prosecution expert witness had not examined the defendants’ communications records and that the reports only referred to sanctions imposed by foreign countries. The prosecution said it was not required to prove that the defendants’ conduct ultimately led foreign countries to impose sanctions.
The judge issued a ruling the same day allowing two expert reports to be admitted. The judge found that the testimony of expert witness Gui Guo Wang would assist the court in understanding actions taken by the United States against the central and Hong Kong governments, and in determining whether those actions constituted “sanctions, blockade or other hostile activities” under the National Security Law. The trial will continue on Wednesday (the 17th), when the prosecution will call “accomplice witness” Cheung Kim-hung. The prosecution expects its examination-in-chief to take one week. Senior defence counsel Robert Yiu Hung Pang, who earlier applied to be absent from the hearings for personal reasons, is expected to participate in the proceedings next Monday (the 22nd).
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）踏入第 10 日審訊。辯方爭議專家報告與兩項國安罪的控罪元素並無關聯性，指控方專家證人沒有看過被告的通訊記錄，其報告僅提到外國所採取的制裁行動。控方則指，控方毋須證明被告的行為，最終導致外國採取制裁行動。
法官即日頒下判詞，批准兩份專家報告呈堂，認為專家證人王貴國的供詞，有助法庭理解美國針對中央及港府的行動，亦能幫助法庭理解相關行動，是否構成《國安法》的「制裁、封鎖或其他敵對行動」。案件周三（17 日）續審，將傳召控方「從犯證人」張劍虹，控方預料主問需時一周。早前因私事申請缺席聆訊的辯方資深大律師彭耀鴻，預計下周一（22 日）可參與聆訊。
11 Jan 2024Channel C#2798
父昨抵警署協助調查 鄭文傑發文指內心五味雜陳：來生再見
The National Security Department put up a HK$1 million reward last month for information leading to the arrests of five people, including former British Consulate-General in Hong Kong employee Simon Cheng. His father also went to Tsing Shan Police Station yesterday (10th) to assist with an investigation. That evening, Cheng said in a post that he had learned from the news that his family members had been taken away for questioning, leaving him with mixed feelings. He said he was struggling to survive in this world: “The broken mirror was once made whole again; the cracks remained, but it has broken again.” He said he would shoulder the responsibility and continue his tumultuous fate, while hoping that his parents could enjoy dignified, peaceful and tranquil old age, and bade them farewell by saying, “See you in the next life.”
國安處上月再懸紅百萬通緝5人，包括英國駐港總領事館前職員鄭文傑，其父昨日（10日）亦到青山警署接受調查。而鄭文傑同日晚上亦發文，表示從新聞得知家人被帶走調查的消息，內心五味雜陳。他又指在世掙扎求存，「那破鏡曾經重圓，裂縫仍在，卻又再破裂」，表示自己會扛著責任，延續跌宕起伏的命運，惟盼望雙親能過上有尊嚴、平靜而恬淡的晚年，並向他們道別指「來生再見」。
10 Jan 2024法庭線#2790
機場穿「光時」上衣男子認兩煽動罪判囚3月 官斥被告明知故犯 死心不息危害國安
The man was arrested at an airport gate in November 2023 while wearing a shirt bearing the words “Liberate Hong Kong; Revolution of Our Times”. Police also found other clothing bearing “Hong Kong independence” wording and flags bearing the slogan in his luggage. He had earlier pleaded guilty to two counts of sedition and was remanded until Wednesday (10th), when he was sentenced to three months in prison at the West Kowloon Magistrates’ Courts.
So Wai-tak, a designated judge under the National Security Law and the Chief Magistrate, said the defendant displayed the wording for a limited time and its reach was lower than that of the internet. However, he had knowingly broken the law by moving around a place crowded with members of the public, and the court had already ruled that the relevant wording endangered national security.
The judge also said the defendant had admitted under caution that he possessed seditious intent and advocated achieving Hong Kong independence through revolutionary means. He criticised the defendant for persisting in endangering national unity and said the peaceful social atmosphere had again been disrupted. The court had to prevent unlawful acts such as secession from re-emerging.
男子於 2023 年 11 月，在機場閘口穿著「光時」上衣被捕，警員再搜出他另有「港獨」字句衣物，行李藏「光時」旗等；他早前承認兩項煽動罪，還押至周三（10 日）在西九龍裁判法院被判囚 3 個月。
《國安法》指定法官、總裁判官蘇惠德指，被告展示字句的時間有限，傳播力比互聯網低，但他明知故犯，在公眾人士眾多的地方遊走，並強調相關字句早已被裁定危害國安。
官又指，被告警誡下承認有煽動意圖，主張以革命手段使香港獨立，斥被告死心不息，危害國家統一，使平和的社會氛圍再次被衝擊，法庭須制止分裂國家等違法行為死灰復燃。
10 Jan 2024明報#2793
黎智英案｜英揆稱黎案屬英國政府優先處理事項 港府斥干預司法應受譴責
Next Digital founder Jimmy Lai and three companies of Apple Daily have been charged with conspiracy to collude with foreign forces in violation of the Hong Kong National Security Law, and are currently on trial. Lord David Alton quoted British Prime Minister Rishi Sunak as describing the Jimmy Lai case as important in nature and a priority for the British government. He said Lai was a “champion of free speech” who continued to uphold his values amid changes in Hong Kong, and that the UK would defend without hesitation the values represented by Lai.
《壹傳媒》創辦人黎智英及《蘋果日報》三間公司被控違反《港區國安法》的勾結外國勢力，目前正在審訊。英國上議院議員奧爾頓勳爵（Lord David Alton）引述英國首相辛偉誠形容，黎智英案性質重要，屬英國政府的優先事項，指黎智英是「言論自由的捍衛者」（champion of free speech），在香港轉變時仍然堅守價值，稱英方將毫不猶豫捍衛黎所代表的價值。
10 Jan 2024法庭線#2796
古思堯擬區選前到選舉事務處抗議 否認企圖煽動罪 續還押候2月審
Veteran activist Koo Sze-yiu planned to go to the Electoral Affairs office in early December 2023, before the district council elections, to protest against the pro-democracy camp being unable to participate in the elections. He was arrested by the police national security department and charged with one count of attempted sedition. The case was mentioned again at West Kowloon Magistrates’ Courts on Wednesday (10th).
Koo had no legal representation and continued to represent himself. The prosecution said the police investigation had been completed. After the charge was read to him, Koo said he was protesting against “the inbreeding of patriotism and love for the Party … Hong Kong’s political system moving backwards by one notch … sending one country, two systems to the funeral parlour”. National Security Law-designated judge and Chief Magistrate Su Hui-tak said he did not need to express his views at this stage, after which Koo immediately said, “I plead not guilty.”
The prosecution expects to call three witnesses and submit 113 minutes of recorded interviews and 15 minutes of closed-circuit television footage. The judge scheduled the trial for 5 February. Koo did not apply for bail and was remanded in custody. As he left the court, he put his hands together and bowed, while a member of the public gallery waved to him.
社運老將古思堯於 2023 年 12 月初區選前，擬前往選舉事務處辦公室，抗議民主派不能參與區選。他遭警方國安處拘捕，被落案起訴一項企圖煽動罪。案件周三（10 日）在西九龍法院再提堂。
古沒法律代表，繼續自行應訊。控方指警方調查完畢；聽取控罪後，古稱「抗議愛國愛黨近親繁殖 … 香港政制倒退一個格子… 一國兩制送殯儀館」，《國安法》指定法官、總裁判官蘇惠德著不必在此時發表意見，古隨即指「我唔認罪」。
控方預計傳 3 名證人、呈 113 分鐘錄影會面及 15 分鐘的閉路電視等。官將案訂於 2 月 5 日開審，古沒保釋申請、續還押，他散庭時拱手作揖，有旁聽人士向他揮手。
10 Jan 2024法庭線#2797
黎智英案第九日審訊｜國安警指黎一年間轉帳泛民逾千萬 另曾6次向美國防副部長匯款
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with offences including “conspiracy to collude with a foreign country or with external elements”. The case entered its ninth day of trial at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Wednesday (10th). The prosecution read out a written statement by a national security police officer who investigated the case’s finances. It said that Andy Li of the “Resurgence” team received “suspicious large sums” totalling more than HK$14 million, and withdrew HK$9.8 million from the account to pay for global newspaper advertisements.
The statement said that, based on the bank records of Lai and his assistant Mark Simon, Lai transferred money six times to former US deputy secretary of defence Paul Wolfowitz between 2013 and 2017, involving about HK$1.767 million in total. He also transferred a total of HK$3.5 million to Cardinal Joseph Zen, emeritus bishop of the Catholic Diocese of Hong Kong. In addition, between 2019 and 2020, he transferred more than HK$10 million through companies under his name to several pan-democratic parties, including the Democratic Party, Civic Party, Labour Party and League of Social Democrats.
Police described Lai as having used Mark Simon’s account to make transfers for “suspicious purposes”, and said that he had “funded local and overseas political organisations for many years”. The defence questioned the exaggerated and partisan wording of the police statement. Judge Li Yun-tang agreed that the conclusions in the statement should not be determined by the police but should be assessed by the court. The prosecution also finished playing video clips of Lai’s recorded interviews. The trial will continue next Tuesday (16th), when the admissibility of expert witness reports is expected to be contested.
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）踏入第九日審訊。控方讀出國安警調查本案財務調查的書面供詞，提到「重光團隊」李宇軒收到共逾 1,400 萬元的「可疑巨款」，並從戶口提取 980 萬元支付全球登報費。
供詞指，根據黎智英、其助手 Mark Simon 的銀行記錄，黎於 2013 年至 2017 年期間，先後 6 次向美國前國防副部長 Paul Wolfowitz 匯款，共涉約 176.7 萬元，又向天主教香港教區榮休主教陳日君樞機匯款共 350 萬元。另外又於 2019 至 2020 年，透過名下公司向多個泛民政黨包括民主黨、公民黨、工黨、社民連等匯款逾千萬元。
警方形容，黎智英利用 Mark Simon 帳戶匯款，以達到「可疑目的」，又指他「長年資助本地及海外的政治組織」。辯方關注，警方供詞字眼誇張及具立場色彩。法官李運騰同意，供詞結論不應由警方定奪，應由法庭判斷。另外，控方播畢黎智英錄影會面片段，案件下周二（16 日）續審，料爭議專家證人報告的呈堂性。
9 Jan 2024法庭線#2788
黎智英案第八日審訊｜控方讀畢社交媒體專家證人供詞 明將讀警員供詞
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with offences including conspiracy to collude with foreign forces. The case entered its eighth day of trial on Tuesday (9th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. The prosecution read out the statement of a social media expert witness, which described how social media applications operate, including Signal’s auto-delete message function and Telegram’s secret chats, which do not leave records in the cloud and also offer a hidden phone number function.
The prosecution said Cheung Kim-hung had originally been scheduled to testify on Tuesday. However, as the defence representative Robert Yiu Hung Pang will be absent from the trial for the next two weeks, it will first read seven witness statements, including those of police officers, and play recordings of Jimmy Lai’s video-recorded interviews. The defence will also challenge the admissibility of a report by City University School of Law professor and expert witness Gui Guo Wang. Cheung Kim-hung, the first prosecution witness, will then be called to testify. The trial continues on Wednesday (10th).
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）踏入第八日審訊。控方讀出社交媒體專家證人供詞，提到社交程式運作，如 Signal 有自動銷毀訊息功能、TG 秘密對話不會在雲端留紀錄，亦設隱藏電話號碼功能。
另外，控方指原訂周二傳召張劍虹作供，但考慮辯方代表彭耀鴻未來兩周缺席審訊，會先讀出警員等 7 份證人供詞、播放黎智英的錄影會面記錄、辯方另會爭議專家證人城大法律學院教授王貴國報告的呈堂性，之後才會傳召首名控方證人張劍虹作供。案件周三（10 日）續審。
Translations are supplied by the source workbook. Consult the original reporting for context.
