10 Jul 2023法庭線#7960
47人案｜施德來開始作供 指理解「積極運用」否決權並非綑綁或一定要否決預算案
The trial of 47 democrats charged with “conspiracy to subvert state power” entered its 82nd day on Monday (the 10th), when Sze Tak-lai began giving evidence. He acknowledged receiving the primary election coordination agreement, but said he did not understand its reference to “actively exercising” powers under the Basic Law as binding, or as meaning that the budget had to be vetoed.
The judge questioned whether the document’s emphasis was on using the veto power to force the Chief Executive to respond to the “five demands”, noting that the Basic Law did not mention that this could be done. Sze said he understood the powers under Articles 50 to 53 of the Basic Law as allowing legislators to veto the budget for different reasons. In response to the judge, he said he considered requiring the Chief Executive to respond to the “five demands” an “appropriate reason” for legislators to exercise that power.
Sze also testified that he had “basically little chance of winning” when he stood for election in East Kowloon. The judge questioned why, in that case, he needed to use “election language”. Sze said elections provided political parties with an opportunity to shape their image, and that election language could help improve the Association for Democracy and People’s Livelihood’s image as “fence-sitting” and “weak”.
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（10 日）展開第 82 天審訊，施德來開始作供，他承認收過初選協調協議文件，但認為文件所指「積極運用」《基本法》權力並非綑綁，不含須否決《財政預算案》之意。
法官質疑，文件重點是藉否決權逼使特首回應「五大訴求」，《基本法》亦沒提及可以。施稱理解《基本法》第 50 至 53 條的權力，容許議員以不同原因否決預算案，又在回答法官時指，認為要特首回應「五大訴求」，屬於議員行使該權力的「恰當原因」。
施又供稱，自己參選九東「基本上無乜勝選」，法官質疑既然如此毋須使用「選舉語言」。施則稱選舉屬政黨塑造形象機會，而選舉語言有助改善民協「騎牆」、「弱勢」形象。
7 Jul 2023獨媒#7947
「懲罰Mee」四被捕人獲保釋 專頁及App今早停運
The Police National Security Department arrested a total of five former members of Demosisto over several days, accusing them of supporting eight Hong Kong people wanted overseas through the mobile app “Punish Mee” and related platforms, and of “conspiracy to collude with foreign forces”. Former Demosisto chairman Lam Long-yin and three others arrested the day before yesterday were released today and required to report in early August. Chu Yan-ho, who was arrested yesterday, remains in custody. The platform’s Facebook and Instagram pages were found to have disappeared this morning, and the mobile app could no longer be accessed.
警方國安處連日拘捕共5名前香港眾志成員，被指透過手機程式「懲罰Mee」及相關平台，支援正被通緝的8名海外港人，指控他們「串謀勾結外國勢力」。前日被捕的前眾志主席林朗彥等4人今日獲釋，須於八月上旬報到，昨被捕的朱恩浩則繼續被扣查。而平台的Facebook及Instagram專頁今早被發現消失，手機應用程式亦已無法登入。
7 Jul 2023法庭線#7949
47人案｜劉偉聰供稱不使用WhatsApp、FB 沒收過協議文件 沒看過戴耀廷帖文
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” entered its 81st day on Friday (the 7th). Lawrence Wai Chung Lau completed two days of testimony. Wong Pik-wan, who is also from Kowloon West, did not testify, meaning the case concerning that constituency has concluded. Sze Tak-lai, the only defendant from Kowloon East to plead not guilty, will testify next week.
The prosecution is relying on the organisers’ WhatsApp records, which it says included the key agreement documents in the case. However, Lawrence Wai Chung Lau testified that he did not use WhatsApp and had voluntarily provided his password to the prosecution so that police could unlock and examine his seized mobile phone. The phone could not ultimately be opened because the password was incomplete.
Liu also testified that the forum notes found at his office were not prepared by him and that he did not know who had written them. He said he would not, as stated in the notes, believe that “the rule of law is dead”. Lead prosecutor Tianxing Zhou also questioned why Liu had not asked to have his name removed from “Ink Without Regret”. Liu cited earlier testimony by Ho Kai-ming, who said, “We didn’t know it would be such a big deal.” Chow replied, “Then you know now.”
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（7 日）展開第 81 天審訊，劉偉聰完成共兩日作供，同屬九西的黃碧雲不作供，意味該區案情完結，九東唯一不認罪的被告施德來下周將作供。
控方於本案依賴組織者的 WhatsApp 紀錄，指曾發送涉案關鍵協議文件。惟劉偉聰供稱，他不使用 WhatsApp，並自願向控方提供密碼，擬讓警方解鎖其已被檢取的手機查證，惟因密碼不完整，終未能成功開啟。
劉又供稱，警方在其議辦搜出的論壇筆記，不是由自己準備，亦不知由誰所寫，又指自己不會如筆記所寫認為「法治已死」。主控周天行另質疑劉沒要求在〈墨落無悔〉上除名，劉引述何啟明早前供詞稱「我哋都唔知咁大鑊㗎嘛」。周答，「那你現在知道了」。
6 Jul 2023獨媒#7934
國安處機場拘前眾志常委朱恩浩 「懲罰Mee」案被捕者增至五人
The Police National Security Department arrested four former Demosisto members in multiple districts yesterday (the 5th), saying they had supported wanted overseas Hong Kong activist Nathan Law through the mobile app “Punish Mee” and related companies and platforms. The four were accused of “conspiracy to collude with foreign forces”. The department announced today that it had arrested a 24-year-old man at Hong Kong International Airport in the morning, reportedly former Demosisto standing committee member Chu Yan-ho. Police said he was suspected of violating the National Security Law by committing the offence of “conspiracy to collude with foreign forces” and the offence of “inciting intent”. In an afternoon statement, police said the man was linked to those arrested yesterday and was being detained for investigation. They said the operation was continuing and did not rule out further arrests.
警方國安處昨（5日）在多區拘捕4名前香港眾志成員，稱4人透過手機程式「懲罰Mee」以及相關公司及平台，支援被通緝的海外港人羅冠聰，指控4人「串謀勾結外國勢力」。警方國安處再在今日公布，上午在香港國際機場拘捕24歲男子，據悉同為前眾志常委朱恩浩。警方指他涉嫌違反《國安法》的「串謀勾結外國勢力罪」及「煽動意圖」罪。
警方下午發稿稱，於今日上午在香港國際機場男子，並指他與昨日被捕者有關，現正扣留調查，警方仍表示，行動依然繼續，不排除有更多人被捕。
6 Jul 2023獨媒#7938
陳澤銘指律師會正調查任建峰操守 籲會員須恰當地「規範自己的言行」
Police recently issued a high-profile wanted notice for eight Hong Kong people overseas for violating the National Security Law; one of them is lawyer Kevin Yam. In a statement today, Law Society president Chan Chak-ming said the society had confirmed receiving a complaint against Yam and had begun investigating the allegations in accordance with the law and professional conduct guidelines. He said details could not be disclosed because the investigation was confidential.
Police have offered a $1 million reward for information leading to Yam’s arrest. They allege that he met foreign officials in November and December 2022 to encourage foreign countries to impose sanctions on the Hong Kong government. They also allege that in May this year, he attended a hearing held by a foreign official institution and requested that foreign countries impose sanctions on judicial officers and prosecutors of the Hong Kong Special Administrative Region.
警方日前高調通緝8名海外港人違反《國安法》，其中一人是律師任建峰。律師會會長陳澤銘今日發聲明指，確認收到針對任建峰的投訴，並按法例和操守指引，就有關指控對他已展開調查，但由於調查保密，不能披露詳情。
警方對任建峰的懸紅額有100萬元，並指他涉在2022年11月及12月，會見外國官員以慫恿外國對港府進行制裁；並指他在今年5月，出席一個外國官方機構舉行的聽證會時，請求外國對香港特別行政區的司法人員和檢控人員進行制裁。
6 Jul 2023法庭線#7942
47人案｜劉偉聰開始作供：不曾簽〈墨〉、對全面特赦抗爭者或撤控抱持懷疑
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 80th day on Thursday (6th). Ho Kai-ming completed his testimony, while Lawrence Wai Chung Lau began testifying. In giving his personal background, he said he had joined the Royal Hong Kong Police. Lau testified that he did not agree with the “Five Demands”. He was also sceptical about granting protesters a blanket amnesty or dropping the charges, saying this would amount to inviting the executive branch to interfere in judicial affairs. Regarding demands for accountability for police violence, Lau said it was not possible to seek amnesty on the one hand and pursue accountability for police violence on the other. He said the approach of South Africa’s “Truth and Reconciliation Commission” could be followed, pursuing the truth without seeking accountability. Lau, whose name appeared on the “Ink Falls Without Regret” statement, also testified that he had never signed it and had not authorised anyone else to add his name. His team had not signed it on his behalf either, and he still did not know why his name appeared. He said he had considered issuing a public clarification, but that doing so at the time would have amounted to “electoral suicide”.
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（6 日）展開第 80 天審訊，何啟明完成 作供；劉偉聰開始作供，供述個人背景時稱曾加入皇家香港警察。
劉供稱，不同意「五大訴求」，又指對全面特赦抗爭者或撤控抱持懷疑，認為屬邀請行政部門干預司法事務。就「要求警暴問責」，劉認為不能一方面要求特赦，另一方面要求追究警暴，認為可效法南非的「真相與和解委員會」，追求真相而不究責。
姓名出現於〈墨落無悔〉聲明的劉又供稱，他不曾簽署，亦沒有授權他人加其名字，其團隊亦沒有為他簽署，至今仍未知原因。他稱曾考慮公開澄清，但指當時如這樣做，會變成「選舉自殺」。
5 Jul 2023法庭線#7929
47人案｜初選論壇發言稱「打倒共產黨」 何啟明：
The trial of 47 pro-democracy defendants charged with conspiracy to subvert state power entered its 79th day on Wednesday (the 5th), with Ho Kai-ming giving evidence for a third day. Under questioning by the prosecution, Ho said: “I understand ‘will actively (use)’ to mean more active than ‘will (use)’, so that means vetoing the budget more actively.”
The judge also questioned Ho about Dai Yiu-ting’s explanation of the meaning of “actively use”. Ho said frankly: “He (Dai) was already thinking about the ten-step plan for mutual destruction, so I do not believe his explanation.” He reiterated that he and the Association for Democracy and People’s Livelihood would examine the contents of the budget and would not veto it indiscriminately.
The prosecution and the judge also repeatedly cited Ho’s remarks at the primary election forum, including “overthrow the Communist Party”. Ho explained that these were “words spoken in indignation”,
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（5 日）展開第 79 天審訊，何啟明第三日作供。何在控方盤問下供稱「我理解『會積極（運用）』係更加積極，比起『會（運用）』，咁即係更加積極咁去 veto 個 budget （否決預算案）喇」。
法官又質疑戴耀廷曾解釋「積極運用」的意思，何直言，「佢（戴）本身就諗住攬炒十步曲，所以我唔相信佢嘅解釋」，又重申他及民協會審視預算案的內容，不會無差別否決。
另控方、法官多次引何在初選論壇的發言例如「打倒共產黨」，何解釋屬「憤慨之言」、「
5 Jul 2023獨媒#7930
國安處拘前眾志主席林朗彥等4人 指「懲罰Mee」平台涉資助8名被通緝海外港人
The Police National Security Department publicly issued wanted notices the day before yesterday for eight Hong Kong people overseas for allegedly violating the National Security Law. Today, it arrested four men in several districts and searched an industrial-building unit in Kwai Chung. Police said the four had received funds through an operating company, social media platform and mobile app to support overseas individuals in activities endangering national security. The platform involved was “Punish Mee”, and the case involved funding the eight wanted overseas Hong Kong people. Police said in a statement that the arrested people are being detained for investigation, the operation is continuing, and more arrests cannot be ruled out.
警方國安處前日高調通緝8名身處海外的港人違反《國安法》，今日再在多區拘捕4名男子，並搜查葵涌一個工廈單位。警方指4人透過營運公司、社交平台及手機App，收取資金後支援海外人士從事危害國家安全的活動。涉案平台是「懲罰Mee」，事件涉及資助8名被通緝的海外港人。警方發稿表示，被捕人現正扣留調查，行動仍然繼續，不排除會有更多人被捕。
4 Jul 2023獨媒#7917
鄧炳強轟羅冠聰「現代漢奸」、「縮頭烏龜」 喚「攞返良知出嚟返香港自首」
The Police National Security Department yesterday offered a reward of HK$1 million for information leading to the arrest of eight Hong Kong people overseas, including former Legislative Council members Dennis Kwok, Ted Hui and Nathan Law, alleging that they had endangered national security and urging them to return to Hong Kong to surrender. Law said yesterday that he would not return. Secretary for Security Chris Tang condemned him as a “modern traitor to China”, saying: “The behaviour of these turtles hiding their heads, the behaviour of eating human-flesh mantou—while you enjoy wealth and honour abroad, the young people in Hong Kong whom you incited have to face legal sanctions and bear the legal consequences. I hope you think about it. I hope you regain your courage, regain your dignity as a person, and regain your conscience, and return to Hong Kong to surrender.”
警方國安處昨日懸紅100萬元，通緝8名海外港人，包括3名前立法會議員郭榮鏗、許智峯及羅冠聰等，指涉嫌危險國家安全，呼籲回港投案。羅冠聰昨已表明不會回港，保安局局長鄧炳強炮轟對方，稱其為「現代漢奸」：「呢啲縮頭烏龜嘅行為，食人肉饅頭嘅行為，喺外國你就享受榮華富貴，嗰啲畀你煽動、喺香港嘅青少年就要受法律制裁，承擔法律後果！我希望你諗一諗，我希望你攞返你嘅勇氣，攞返你做人嘅尊嚴，同埋攞返你嘅良知出嚟，返嚟香港自首。」
4 Jul 2023法庭線#7919
首宗煽動案上訴 「快必」譚得志一方指須證意圖及在高院審 上訴庭9個月內宣判
Former People Power vice-chairman “Fast Beat” Tam Tak-chi was convicted after trial of 11 offences, including publishing seditious writings, over remarks such as “black cops, may your whole families die” and “Liberate Hong Kong, revolution of our times” made while operating a street booth in 2020. He was sentenced to 40 months’ imprisonment. Tam appealed against his convictions and sentence. On Tuesday (the 4th), the Court of Appeal of the High Court dealt with his application for leave to appeal, in the first appeal against a sedition conviction since 1997.
Tam’s side argued that a sedition offence requires proof of the defendant’s seditious intent and an element of violence. It also argued that under the National Security Law, trials of offences endangering national security are conducted “on indictment”, meaning that only the High Court has jurisdiction to hear them.
The Department of Justice argued that it was unnecessary to prove seditious intent. It also cited the English version of the National Security Law, arguing that “shall” could be understood as “may”, and therefore trials of offences endangering national security were not necessarily required to be held in the High Court. Chief Judge of the High Court Poon Siu-tat referred to the Chinese version, which states only that “the trial of cases endangering national security shall be conducted on indictment”, while the department reiterated that the context had to be considered.
The three judges said after hearing the submissions that they would hand down the reasons for their judgment within nine months. Tam appeared in a grey suit jacket, smiling and greeting people in the public gallery. League of Social Democrats member Tsang Kin-shing attended the hearing. Before leaving, Tam waved to people in the public gallery.
人民力量前副主席、「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，經審訊後被裁定「發表煽動文字」等 11 罪成，判囚 40 個月。譚不服定罪及刑罰提上訴，周二（4 日）在高院上訴庭處理許可申請，是 1997 年後首宗煽動罪上訴案。
譚得志一方指，煽動罪須證明被告的煽動意圖及暴力元素，又指根據《國安法》，危害國安罪行的審判「循公訴程序」進行，即只有高院有權處理。
律政司一方則認為，毋須證明有煽動意圖，又引述《國安法》英文版，指當中「shall」可理解為「may（可）」，故此危害國安罪行非必須在高院審理。高院首席法官潘兆初引中文版指，只寫有「危害國家安全案件的審判循公訴程序進行」，周重申要考慮語境。
3 名法官聽畢陳詞，表示將於 9 個月內頒下判決理由。譚穿著灰色西裝外套出庭，面露笑容與旁聽人士打招呼；社民連成員曾健成到場旁聽。譚離庭前，與旁聽人士揮手。
Translations are supplied by the source workbook. Consult the original reporting for context.
