4 Aug 2023光傳媒#8146
陳慶偉以為Fb「專頁」為「專業」 法官行為指引：對社交媒體缺乏認識或予人脫節觀感
In the case involving 47 pro-democracy primary election defendants, when defendant Chan Chi-chuen referred to a Facebook page, the court interpreter rendered 專頁 as “page”. Judge Andrew Hing Wai Chan corrected this to “professional”, meaning 專業. Chan Chi-chuen clarified that he meant “page” as in a page of a book, not “professional”. Judge Chan’s unfamiliarity with Facebook pages sparked heated online discussion. The Judicial Conduct Guide, updated last year, states that a lack of basic understanding of social media may give the impression that a judge is out of touch with modern society.
民主派47人初選案中，被告陳志全提到Facebook專頁時，法庭傳譯員將「專頁」譯作「page」，法官陳慶偉就糾正是「professional，專業」，陳志全澄清是「一頁書的『頁』」，而非「專業」。陳官不識Facebook專頁引起網上熱議，翻查去年更新的《法官行為指引》，註明對社交媒體缺乏基本認識，或會予人法官與現代社會脫節的觀感。
4 Aug 2023獨媒#8147
呂世瑜國安法刑期終極上訴下周審理 未安排海外非常任法官參與
The 25-year-old PolyU student Lui Sai Yu pleaded guilty to “inciting others to secede” and was sentenced to three years and eight months in prison. The prosecution pointed out that the minimum sentence for cases in the “serious” category was five years, and the judge ultimately sentenced him to five years, meaning he did not receive the full one-third reduction for pleading guilty. The case raised a legal dispute over the sentencing-tier system under the National Security Law. Lui Sai Yu’s appeal was rejected by the High Court, but his application to appeal to the Court of Final Appeal was approved. The case will be heard next Wednesday (the 9th). According to the Judiciary’s website, no overseas non-permanent judge has been arranged to participate in the hearing. The panel comprises Chief Justice Cheung Kui-nung, three permanent judges—Lee Yee, Fok Siu-kong and Lam Man-hon—and local non-permanent judge Patrick Siu Oi Chan.
25歲理大男學生呂世瑜承認「煽動他人分裂國家」罪判囚3年8個月，惟控方指出「案情嚴重」類別最低刑期為5年，法官終改判囚5年，未能獲全數三分一認罪減刑，掀起《國安法》刑期分級制的法律爭議。呂上訴遭高院駁回，他申請上訴至終審法院獲批，案件將於下周三（9日）聆訊。據司法機構網頁顯示，是次審訊並無海外非常任法官參與。本案由首席法官張舉能、3名常任法官李義、霍兆剛、林文瀚，以及本地非常任法官陳兆愷審理。
3 Aug 2023法庭線#8137
47人案｜控方質疑曾稱願望是達成35+、沒提不可行 陳志全：希望與相信沒衝突
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 98th day on Thursday (the 3rd), with Chan Chi-chuen completing three days of testimony. Chan had earlier testified that he had serious doubts about whether “35+” could be achieved. On Thursday, prosecutor Tianxing Zhou referred to remarks Chan made at a street booth in Tseung Kwan O, in which he said his wish was to achieve “35+”, and questioned why he had not mentioned that it was unfeasible.
In response, Chan asked, “When you make a birthday wish for world peace, do you think world peace can be achieved?” He later said he believed that “hope and belief” did not conflict, adding, “Winning more than others is certainly a good thing; that’s what a wish is.”
Chan was also said to have mentioned at the street booth that “Carrie Lam is a puppet” and “not let them [the establishment camp] have an easy time”. Chan denied that the former remark meant bringing down Lam was useless and that the Chinese Communist Party had to be brought down. He said the latter referred to doing his utmost to speak in the legislature, forcing the establishment camp to continue holding meetings, so that “even if they wanted to go to the racecourse to watch horse racing, they couldn’t.”
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（3 日）展開第 98 天審訊，陳志全完成共 3 日作供。陳早前供稱對於「35+」能否實現有很大懷疑，主控周天行周四引陳於將軍澳街站發言提及願望是達成「35+」，質疑沒提及不可行。
陳回答時反問，「當你生日許願嘅時候係世界和平嘅時候，你覺得世界和平可唔可以達到呀？」後再稱，認為「希望同埋相信」兩者沒衝突，「贏到多過人地緊係好事嚟㗎，咁係個願望嚟之嘛」。
陳另被指在街站亦提及「林鄭月娥係傀儡」、「唔畀佢（建制派）有好日子過」等，陳否認前者是指打倒林鄭無用，要打倒中共，又稱後者是指在議會盡力發言，令建制派需繼續開會，「想去馬場跑馬呢都去唔到」。
3 Aug 2023法庭線#8139
指國安委越權建議拒Tim Owen簽證 黎智英申司法覆核許可被駁回 被頒令付訟費
Next Digital founder Lai Chee-ying was charged with “conspiracy to collude with a foreign country” and was granted permission by the court to hire British King’s Counsel Tim Owen to come to Hong Kong to defend him. The Standing Committee of the National People’s Congress subsequently issued an interpretation of Articles 14 and 47 of the National Security Law at the Hong Kong Government’s request, stating that a certificate issued by the Chief Executive should first be obtained before an overseas lawyer may be hired in a case endangering national security.
Lai earlier separately filed proceedings in the High Court and applied for leave for judicial review, asking the Secretary for Justice to declare that the NPCSC interpretation did not affect the court’s earlier decision approving Tim Owen’s coming to Hong Kong to defend him. He also argued that the Committee for Safeguarding National Security had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to issue Owen a visa. In May this year, Chief Judge of the High Court Jeremy Poon dismissed both the application for leave for judicial review and Lai’s summons application.
In a judgment on costs handed down on Thursday (the 3rd), Justice Jeremy Poon said Lai’s judicial review application was “wholly unmeritorious” and had no prospect of success. The National Security Law expressly states that the Committee’s decisions are not subject to challenge, and Hong Kong courts had no jurisdiction to supervise it. The application should not have been brought, the judge said, ordering Lai to pay costs on an indemnity basis.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，獲法庭批准，聘用英國御用大狀 Tim Owen 來港抗辯。全國人大常委會其後應港府提請，就《國安法》第 14 及 47 條釋法，指在危害國安案件批准聘任海外律師前，應先取得特首發出的證明書。
黎智英早前分別入稟高院及提司法覆核，要求律政司宣布，人大釋法不影響法院早前批准 Tim Owen 來港為其抗辯的決定，又指國安委建議入境處拒絕向他批出簽證，僭越《國安法》權力。高等法院首席法官潘兆初今年 5 月，一併駁回司法覆核許可申請及黎的傳票入稟。
法官潘兆初周四（3 日）就訟費頒下判詞，指黎智英的司法覆核申請完全沒有勝訴機會（wholly unmeritorious），《國安法》已列明國安委的決定不受挑戰，本港法院無權監督，不應提出申請，下令黎以彌償基準支付訟費。
2 Aug 2023星島日報#8124
消息指國安處就高志活來港制定拘捕行動 將移交 內地審理
Sources say the Police National Security Department has drawn up an arrest operation for Jens Galschiøt, who intends to come to Hong Kong under the guise of an incident related to the “Pillar of Shame” to carry out political harassment. It is also considering invoking Article 55 of the Hong Kong National Security Law, transferring the case to the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region to exercise jurisdiction and arranging for him to be transferred to the mainland for trial.
消息指，警方國安處已就高志活有意藉「國殤之柱」相關事件來港進行政治騷制定拘捕行動，並研判啟動《香港國安法》第55條，將有關案件交由駐港國家安全公署行使管轄權，把其安排移交內地審訊。
2 Aug 2023法庭線#8131
47人案｜陳志全：沒大殺傷力憲制武器概念、始終不認同35+目的在否決預算案
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 97th day on Wednesday (the 2nd), with Chan Chi-chuen giving evidence for a second day. During cross-examination, the prosecution asked whether Chan knew that the purpose of the “35+” plan was to obtain a constitutional weapon. Chan said he knew the purpose of the primary election was “to enable the pan-democrats to win the most seats”, but he had no concept of a “constitutional weapon of mass destruction”.
Under further questioning, Chan said he had never agreed that the purpose of the primary election was to veto the budget. He said many people might have thought that vetoing the budget was the strongest power for compelling the Chief Executive to respond to the “five demands”, but this was not the case “at the operational level”. If the pan-democrats achieved “35+”, he said, the pro-establishment camp would not have enough members to form a quorum, and would not even be able to conduct the first and second readings of the budget at the Legislative Council.
Chan also testified that he had not seen the coordination agreement document for New Territories East. He said the document proposed fielding seven candidate lists, which carried considerable risk and might even have resulted in the loss of six seats. If he had seen the document at the time, he said, “I definitely would have spoken out!”
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（2 日）展開第 97 天審訊，陳志全第二日作供。控方盤問時，問陳知否「35+」計劃目的，就是取得憲制武器？陳供稱，知道初選的目的「就係要令到民主派攞到最多嘅議席」，但他沒有「大殺傷力憲制武器」的概念。
陳並在追問下稱，由始至終不認同初選目的是否決預算案，又指可能很多人以為否決預算案是最強權力逼使特首回應「五大訴求」，但「操作層面上」並非如此，因民主派若達成「35+」，建制派將不夠召開會議的法定人數「連個財政預算案嚟立法會首讀、二讀，都讀唔到」。
陳又供稱，沒看過新東的協調協議文件，指文件上提及派出 7 張名單參選，風險很大，甚至保不住 6 個議席，稱若當時看到該文件，「我一定會出聲囉！」
2 Aug 2023法庭線#8132
留日港生被控煽動 官拒辯方申處理裁院司法權爭議 指應待上訴庭判決
The police National Security Department arrested a 23-year-old woman in March 2023, alleging that she had repeatedly posted seditious posts and photographs on social media, including wording advocating Hong Kong independence. She was charged with one count of sedition, and the case came up again at the West Kowloon Magistrates’ Courts on Wednesday (2nd).
The defence submitted that sedition cases were “coming one after another” and that whether the Magistrates’ Court had jurisdiction to handle them remained unresolved. It proposed that the magistrate hear submissions and make a ruling on the issue in this case as soon as possible. The prosecution did not oppose the application.
National Security Law-designated judge and Chief Magistrate Victor So rejected the application, saying that proceeding as proposed by the defence would not speed up the case. Instead, it would have a negative effect: “It would make the case more complicated—not just a little more complicated, but considerably more complicated.” The judge adjourned the case until December for another mention, and the defendant was granted bail continuing.
According to records, the Court of Appeal began hearing the appeal in the sedition case of “Fast Beat” Tam Tak-chi in early July this year and will hand down its judgment within nine months.
警方國安處 2023 年 3 月拘捕一名 23 歲女子，指她涉嫌在社交媒體上多次發布煽動帖文及相片，包括鼓吹港獨等字句。她被起訴一項煽動罪，案件周三（2 日）在西九龍裁判法院再訊。
辯方提出，煽動案「陸續有嚟」，而裁判法院是否有司法管轄權處理一直懸而未決，建議裁判官就本案盡快聽取陳詞及作出裁決。控方不反對申請。
《國安法》指定法官、主任裁判官羅德泉拒絕，指按辯方建議本案進程亦不會加快，反而有負面效果，「就係令件案件變得更加複雜，唔係少少複雜，係好大程度嘅複雜」。官押後至 12 月再訊，被告續准保釋。
翻查資料，上訴庭今年 7 月初開庭處理「快必」譚得志煽動案上訴，將於 9 個月內頒下判決。
1 Aug 2023法庭線#8115
47人案｜陳志全認為35+非實贏 關鍵在於一致行動 稱任議員間民主派出席率低感無力
The 47 democrats’ case of conspiracy to subvert state power entered its 96th day of trial on Tuesday (1st), when another defendant, Chan Chi-chuen, who stood in New Territories East, began giving evidence. Chan said People’s Power was formed out of dissatisfaction with the traditional pan-democrats. It had previously cooperated and coordinated little with the pan-democrats, and was labelled the “Establishment camp’s B team” and “People’s Renminbi Power” because it ran against them.
Chan also said he had always believed the pan-democrats needed a common code of conduct for action. This did not refer to supporting or opposing bills or funding, but to whether legislators responsibly attended meetings and joined different committees. Referring to legislators’ past attendance records, he said: “Of the 10 with the lowest attendance rates, seven were actually pan-democrats,” adding, “So how many seats you have is one matter; whether you actively attend meetings is another.”
Chan also said he had serious doubts in 2020 about whether “35+” could be achieved, and believed there was little chance of the pan-democrats securing 30 seats. However, he continued promoting “35+” in campaign videos and at street booths because society was permeated by a sense of helplessness in 2019 and 2020 — “as if nothing you did was useful”. Chan therefore hoped to “encourage voters to come out and vote, to confront this sense of helplessness” and “tell them that 35+ would provide ABCD choices and the ability [to choose], in the hope that voters would feel the legislature was useful and that voting was useful.” The case will continue on Wednesday, pending a review by Chan’s counsel of whether any other questions were missed; otherwise, the defence case will conclude.
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（1 日）展開第 96 天審訊，參選新東區的另一被告陳志全開始作供。陳提到，人民力量成立源於對傳統民主派不滿，過往較少與民主派合作、沒協調，亦因與民主派對選，被稱為「建制派 B 隊」、「人民幣力量」。
陳又指，一直認為民主派需有一致的行動守則，不是指贊成或否決法例或撥款，而是指議員有否盡責開會、加入不同的委員會，提到過往議員開會「最低出席率嗰 10 個，有 7 個竟然係民主派」，「所以你有幾多席係一回事，係咪積極開會係另一回事」。
陳另提到，在 2020 年對能否實現「35+」抱很大懷疑，認為民主派取得 30 席機會很微。但他選擇在宣傳片和街站繼續宣傳「35+」，因 2019 及 2020 年社會彌漫著無力感，「好似做乜都無用」，故陳希望以此「鼓勵選民出嚟投票，要對峙呢個無力感」、「話畀佢聽 35+ 就有 ABCD 嘅選擇同能力，希望選民覺得議會有用、投票有用。」案件周三續，以待陳代表律師審視有否遺漏其他提問，否則將完結辯方案情。
31 Jul 2023法庭線#8112
47人案｜何桂藍完成10日作供 一度質疑控方提問「好嘥時間」
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 95th day on Monday (the 31st). Gwyneth Ho completed a total of 10 days of testimony. Another defendant, Ray Chan, who planned to stand for election in New Territories East, is expected to testify on Tuesday.
In outlining the prosecution’s case, the prosecution said Ho and the other defendants conspired to indiscriminately veto the budget. Ho said there were only three circumstances in which she would vote indiscriminately: when legislators were not allowed to debate and had to vote directly; when officials were not questioned; and a third situation, “when Ting Kwong Wong simply fell asleep in the chamber and didn’t watch”.
The prosecution also cited statements made by defendants including Shum Ngo-wai and Wong Pak-yu at press conferences held by the protest camp, and asked whether Ho had publicly clarified that the speakers did not represent her. Ho at one point questioned whether the line of questioning was “a waste of time”. Judge Andrew Hing Wai Chan said that if the court considered something a waste of time, it would interrupt. Ho replied, “Your time is time, but my time isn’t time, OK!” Judge Lee Yuen-tung told Ho to remain calm. Ho said, “I have never been agitated,” and added, “I don’t think that seizing on one or two words in court can be used to say that this was everyone’s understanding.”
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（31 日）展開第 95 天審訊，何桂藍完成共 10 日作供，料參選新東區的另一被告陳志全周二作供。
控方指出案情時，稱何與其他被告串謀無差別否決預算案。何稱只有 3 個情況會無差別投票，包括議員不獲批准辯論要直接表決、官員沒被質詢、還有一種情況，「就係好似黃定光直情喺議會度瞓咗無睇」。
另外，控方引述岑敖暉、王百羽等被告在抗爭派記者會上發言，問何有否對外澄清發言者不代表她。何一度質疑問題「好嘥時間」，法官陳慶偉指，若法庭覺得浪費時間便會打斷，何覆，「你時間係時間，我時間唔係時間，ok！」法官李運騰著何冷靜，何則指「我從來都無激動過」，又稱「我唔認為喺法庭捉住一、兩隻字，就可以話係大家嘅認知」。
28 Jul 2023明報#8091
多兩前眾志骨幹被捕 Mee案累計拘7人
The Police National Security Department arrested a man and a woman yesterday morning, following the earlier arrests of five former core members of Demosistō over the alleged operation of the “Punish Mee” mobile app to raise funds to support former Demosistō founding chairman Nathan Law, who is overseas, in activities endangering national security. They were suspected of “conspiracy to collude with a foreign or external force to endanger national security” and “conspiracy to incite”. The arrested persons were reportedly former Demosistō core members Chan Kok-hin and Wong Lai-lai. Police reportedly believe that the two were highly likely to have been involved in helping operate “Punish Mee” and were suspected of funding Nathan Law.
警方國安處繼早前拘捕5名前「香港眾志」骨幹成員，涉營運「懲罰Mee」手機應用程式（App），賺取資金以資助身在海外的前眾志創黨主席羅冠聰從事危害國安行動，昨早再拘捕多一男一女，涉嫌「串謀勾結外國或者境外勢力危害國家安全」及「串謀煽動」罪。據悉被捕者為前眾志骨幹成員陳珏軒及黃莉莉。據悉警方調查後，相信兩人極可能與協助經營「懲罰Mee」有關，並涉嫌資助羅冠聰。
Translations are supplied by the source workbook. Consult the original reporting for context.
