28 Jun 2023法庭線#7877
《立場》被指煽動案｜辯方結案：涉案文章非失實 質疑控方訂傳媒新守則 10.4裁決
The trial of Stand News, which is charged with conspiracy to publish seditious publications, entered its 56th day as both the prosecution and defence completed their closing submissions. Judge Kwok Wai-kin adjourned the case until Oct. 4 for judgment. The public gallery erupted on hearing the decision, while the two defendants were granted continued bail.
In her closing submission this afternoon, Senior Counsel Audrey Eu said the 17 articles in question were not false and did not pose any actual national security risk, stressing that Stand News had merely recorded the voice of the times. If the court accepted the defendants’ purpose, she argued, sedition would not be the only reasonable inference. Eu also questioned whether the prosecution had set out new rules for the media in its closing submission—for example, that information about “anti-China, destabilising-Hong Kong elements” could be reported but they could not be interviewed, and that relevant remarks could be quoted but not quoted in detail. She questioned the approach, saying, “I don’t even know [the rules], yet you say I breached them; it’s a bit like dying without closing one’s eyes.”
The prosecution’s closing submission also referred to Stand News’s article “Images of 100 Years of the Chinese Communist Party”, which mentioned historical events including the Great Famine. It described the content as “offending those above” and “reopening old wounds”. Eu said Stand News was criticised even for recording history, questioning whether the prosecution’s position was fair and saying the standards were difficult to apply.
《立場新聞》被控「串謀發布煽動刊物」案踏入第 56 日審訊，控辯雙方完成結案陳詞。法官郭偉健押後案件至 10 月 4 日裁決，旁聽席聞言嘩然，兩名被告續准保釋。
辯方資深大律師余若薇下午陳詞時指，涉案 17 篇文章並非失實，亦沒構成實際國安風險，強調《立場》只是記錄時代呼聲。若法庭接納被告的目的，煽動就不是唯一合理推論。余又質疑，控方在結案陳詞訂下傳媒新守則，例如「反中亂港分子」的資訊，可報道但不可訪問、相關言論可引述但不可詳盡引述，質疑「我都唔知（守則），你又話我犯咗，有啲死不閉目」。
另外，控方結案陳詞提到《立場》的「中共百年影像」文章，當中提及大饑荒等歷史事件，形容內容「以下犯上」、「揭瘡疤」。余認為，《立場》記錄歷史也被批評，質疑控方說法不公允、準則難以拿捏。
28 Jun 2023法庭線#7878
63歲商人被控煽動、涉鼓吹港獨等 辯方稱或爭議司法管轄權 被告申保釋被拒
The Police National Security Department arrested a 63-year-old businessman on 26 June 2023, alleging that he had repeatedly posted messages and photographs on social media with seditious intent, including inciting hatred against the Hong Kong Government and advocating “Hong Kong independence” and “Taiwan independence”. He was charged with “doing one or more acts with seditious intention” and brought to West Kowloon Magistrates’ Courts on Wednesday (28 June) for his first appearance.
The prosecution applied for an adjournment pending further examination of two mobile phones found on the defendant and a mobile phone, an iPad and a laptop found at his residence. The defence did not object to the adjournment and mentioned that an appeal case concerning whether the Magistrates’ Courts had jurisdiction to hear cases involving questions of jurisdiction was pending. The defendant might raise a similar challenge in this case.
The defence applied for bail, which the prosecution opposed. After hearing submissions from both sides, National Security Law-designated judge and Chief Magistrate So Wai-tak refused bail. The defendant was remanded in custody until 26 July for a further hearing. He waived his right to an eight-day bail review.
警方國安處 2023 年 6 月 26 日拘捕一名 63 歲商人，指他涉在社交媒體上，多次發布具煽動意圖的帖文及相片，包括煽動仇恨港府、鼓吹「港獨」和「台獨」等。被告被落案起訴「作出一項或多項具煽動意圖的作為」，周三（28 日）被押解至西九龍裁判法院首次提堂。
控方申請押後，候警方進一步檢查在被告身上搜出的 2 部手機，以及在其住所搜出的一部手機、iPad 及手提電腦。辯方不反對押後，並提及有一宗上訴案件待審，關於裁判法院是否有權審理涉司法管轄權的案件，本案被告亦可能作相關爭議。
辯方提出保釋申請，控方則反對；聽取雙方陳詞後，《國安法》指定法官、總裁判官蘇惠德拒絕其擔保，被告須還押至 7 月 26 日再訊。被告放棄 8 天保釋覆核權。
27 Jun 2023法庭線#7862
《立場》被指煽動案｜控方否認雙重標準：「就算其他傳媒犯事，唔代表我唔可以告你」
The trial of Stand News, which is charged with “conspiracy to publish seditious publications”, entered its 55th day on Tuesday (the 27th). The prosecution completed its closing submissions, and the defence began its closing submissions. In response to the defence’s allegation of double standards in prosecution, arguing that Stand News had acted in the same way as other media outlets, the prosecution said that even for the same article, the publisher’s intent and the circumstances at the time had to be considered. It said: “Even if other media committed offences, that does not mean I cannot prosecute you.”
The prosecution also said that the conduct of Gwyneth Ho and people who had fled overseas harmed national security and “should not be a concern at all”. It said the government’s voice had long been in a disadvantaged position, and that opinions unfavourable to the government in the media could easily cause public misunderstanding. It cited as examples the police having given explanations regarding incidents including San Uk Ling, but said that “urban legends were passed around for a whole year, and continued even one or two years later”, while “the protesters still refused to accept it”.
In response to the defence’s claim that the prosecution had repeatedly changed the basis of the prosecution and the facts of the case, the prosecution said that as the defendants gave evidence, it could narrow or broaden the basis of the prosecution. It also said that national security risks should be assessed by the government and experts, stressing that the aim was not to prohibit political speech, but that it had to comply with the law.
《立場新聞》被控「串謀發布煽動刊物」案，周二（27 日）踏入第 55 日審訊。控方完成結案陳詞，並由辯方開始結案陳詞。就辯方質疑檢控「雙重標準」，認為《立場》與其他媒體做法相同，控方指即使是同一篇文章，都要考慮發布者意圖及當時背景等，稱「就算其他傳媒有犯事，唔代表我唔可以告你」。
控方又指，何桂藍及潛逃海外人士的行為有損國安，「根本唔應該關注」，而政府的聲音長期處於弱勢，媒對政府不利的意見容易令大眾誤會，舉例指警方曾就「新屋嶺」等事件交代，但「都市傳說傳咗整整一年，過咗一年兩年都有」、「示威者仍然係唔收貨」。
針對辯方稱控方不斷更改檢控基礎及案情，控方則認為隨被告作供，控方可以收窄或擴闊檢控基礎，又指國安風險應由政府及專家衡量，強調不是要禁制政治言論，但須符合法例。
27 Jun 2023法庭線#7864
47人案｜彭卓棋形容〈墨落無悔〉為「鬥黃書」 同意為取悅選民「扮黃」
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” began its 74th day on Tuesday (27th). Michael Cheuk Kei Pang continued giving evidence, saying the primary’s “target voter segment” was made up of “deep-yellow” voters. He therefore used “election language” on different occasions to win voters’ approval, including saying at a forum that “the enemy is the Communist Party”; he also admitted that he “pretended to be yellow” to please voters.
The judge at one point asked why Pang had not joined the Democratic Alliance for Betterment and Progress (DAB). Pang replied, “Because in that electoral atmosphere, the DAB would lose,” and said he did not necessarily fully agree with the mainstream pro-establishment camp. Pang also said that the social atmosphere in 2019 was one of “ambition and high aspirations”, with many newcomers stepping forward: “I admit that I was a beneficiary of this wave.”
Pang also explained why he signed the “No Regrets After Putting Pen to Paper” declaration, saying that he only examined its contents closely after he was charged. Even if he had read it carefully beforehand, he said, “I have to be very frank with the court: I would still have signed it, because this is a document for competing to be more yellow.”
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（27 日）展開第 74 天審訊。彭卓棋續作供，指初選的「目標選民層」是「深黃」者，故在不同場合用「選舉語言」以爭取選民認同，包括在論壇稱「敵人是共產黨」；他另承認為取悅選民而「扮黃」。
法官一度反問，彭何不加入民建聯？彭答，「因為喺嗰個選舉氣氛，DAB（民建聯）會輸」，又指未必完全同意主流建制派。彭又指，2019 年社會氣氛「雄心壯志」，很多素人出來，「我承認我係依一個浪潮嘅得益者」。
彭又解釋，簽署〈墨落無悔〉聲明的原因，稱有案在身時才細看內容，而就算事前有細看，「我要好坦白同法庭講，我都會簽，因為依一份係鬥黃嘅書嚟嘅」。
27 Jun 2023法庭線#7867
《立場》被指煽動案｜辯方結案同引「大公報案」 指須證被告煽動意圖
The trial of the case in which Stand News is charged with conspiracy to publish seditious publications entered its 55th day. After the prosecution completed its closing submissions, the defence made its submissions. Senior Counsel Audrey Eu said the “conspiracy” element of the charge was unclear, and that the conspiracy agreement between the defendants “was precisely the founding statement”. She said Stand News was fulfilling its responsibility as a news organisation, stressing that “running a newspaper does not equal committing a crime”. She also said that some people in society were emotionally unstable and “you cannot count that against us”, adding: “Do we also have to be psychologists, and stop people who are not mentally mature from reading? If you want to convict people at such a low standard, the media really cannot operate.”
On the prosecution’s reliance on the 1952 Ta Kung Pao case to argue that a sedition offence does not require proof of the defendant’s seditious intent, Eu cited the same case, saying that it specifically referred to the “state of mind of the defendant”. She argued that the prosecution had to prove the defendants’ seditious intent: “The articles themselves had no brain and no intent; if you are talking about intent, it must be the defendants’.” Eu also cited the Sheep Village case, heard by Judge Kwok Wai-kin, saying he had previously ruled that the prosecution had to prove the defendants’ intent, and that “you cannot say that because it is difficult to prove, it need not be proved.”
《立場新聞》被控「串謀發布煽動刊物」案踏入第 55 日審訊，控方完成結案陳詞，由辯方陳詞。資深大律師余若薇指，本案控罪的「串謀」元素並不清晰，又指被告之間的串謀協議「就係創刊辭」，《立場》是在履行傳媒責任，強調「辦報唔等於犯罪」。她又指，社會有人情緒不穩，不能「入我哋數」，「我哋係咪要做埋心理醫生，要心智未成熟嘅人唔好睇？你話要用咁低水平入罪嘅話，傳媒真係唔使做㗎啦」。
就控方援引 1952 年「大公報案」，指煽動罪毋須證被告有煽動意圖，余若薇引用同一案例，指當中正正提到「被告心態」，反駁指控方須證明被告煽動意圖，「文章係冇腦、冇意圖嘅，如果你講意圖，係一定講被告」。余又以法官郭偉健審理的「羊村案」為例，指他早前已裁定控方須證明被告意圖，「唔可以話好難證明就唔使證明」。
26 Jun 2023法庭線#7856
《立場》被指煽動案｜控方結案引1952年大公報案 指煽動罪毋須證被告有煽動意圖
The trial of Stand News, which is accused of conspiracy to publish seditious publications, entered its 54th day. Closing submissions were originally scheduled for 19 June but were postponed until Monday (26th) after prosecution counsel Ng Suk-kuen tested positive for COVID-19. The prosecution cited several previous cases, including the 1952 Ta Kung Pao case, arguing that a sedition offence does not require proof that the defendant had seditious intent, but only that the articles in question possessed seditious intent.
The prosecution also cited an 1868 Irish case, saying that the media had influence and could cause seditious ideas to “spread like poison”. It added that, in present-day society, no medium was more effective than online media such as Stand News. She said the Hong Kong government’s proposed amendments to the sedition offence in 1996 did not mention that there had to be an intention to incite the public, reflecting the authorities’ view that it would be impossible for the prosecution to prove the defendants’ seditious intent; otherwise, it would become an offence that was “almost impossible to prosecute”. The prosecution also cited an Australian case, arguing that comments posted on social media were equivalent to being published by the media outlet.
《立場新聞》被控「串謀發布煽動刊物」案踏入第 54 日審訊，案件原定於 6 月 19 日結案陳詞，因控方伍淑娟確診新冠肺炎，押至周一（26 日）處理。控方援引多宗舊案例，包括 1952 年「大公報案」等，指煽動罪毋須證被告有煽動意圖，僅須證明涉案文章具煽動意圖。
控方另引 1868 年愛爾蘭案例指，傳媒具影響力，能令煽動想法「如毒藥般擴散」，又指放諸現今社會，沒有一個媒介比《立場新聞》這樣的網媒更有效。她提到港府於 1996 年擬修訂煽動罪，沒提及「必須有意煽動公眾」，反映當局認為控方不可能證明被告的煽動意圖，否則變成「幾乎不可檢控」罪行。另外，控方亦引用澳洲案例，指在社交媒體上的留言，等同由該傳媒發布。
26 Jun 2023法庭線#7858
47人案｜彭卓棋供稱大學時創業、想在大陸做生意 不會「不予區別否決預算案」
The 73rd day of the trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” began on Monday (the 26th). After Cheng Tat-hung completed his testimony, Michael Cheuk Kei Pang began testifying under examination by the defence. Peng said he started a business while at university and founded the Hong Kong Youth Entrepreneurship Alliance in 2017 to promote information about entrepreneurship in the Guangdong-Hong Kong-Macao Greater Bay Area. During the primary election, he was mocked as a “Greater Bay Area pawn”.
In response to questions from the judges, Peng confirmed that he wanted to do business on the mainland. The judge asked whether he wanted to tell the court that he was “not anti-Communist and not anti-government”. Peng replied that he wanted the court to fully understand his thought process. Under examination by the defence, Peng also said that his original intention in running for the Legislative Council was to promote youth entrepreneurship, adding: “I wouldn’t indiscriminately veto (the budget); I would definitely consider (its contents).”
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（26 日）展開第 73 天審訊。鄭達鴻完成作供後，彭卓棋開始在辯方主問下作供。彭供稱讀大學時創業，2017 年成立「香港青年創業聯盟」，推廣粵港澳大灣區創業資訊，初選期間曾「俾人笑我係大灣棋」。
在法官提問下，彭確認想在內地做生意。法官追問他是否想告知法庭，他「不反共、不反政府」？彭答想讓法庭全面了解其心路歷程。彭在辯方主問下另稱，參選立法會初心是想推動青年創業，又稱「我唔會不予區別（否決預算案）嘅，我一定考慮（內容）」。
23 Jun 2023法庭線#7849
47人案｜公民黨改政綱沒公布 鄭達鴻：相信公關上憂予人「縮得好勁」印象
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” resumed on Friday (the 23rd), entering its 72nd day. The judge questioned why the Civic Party had changed its platform after the National Security Law came into force but did not announce the change. Cheng Tat-hung said the party did not disclose it, “but I believe it was a public relations consideration,” adding that the party was concerned about giving people “the impression that it had backed down dramatically.”
Cheng also testified that his former party colleague Yue Shun Lee was invited into a police station after taking part in a street activity on 12 June 2020. The Civic Party subsequently discussed finding Li to stand in the super-district constituency. The judge asked whether the party wanted someone who appeared to be a “street fighter.” Cheng denied this, saying, “It was just that when people wanted to attack them, they could bring this up.” The judge then asked whether it would be best if he had been arrested before. Cheng answered, “Yes.”
Cheng also disclosed that he had “some disagreements” with Yue Shun Lee. He quoted Li, who had recently won a district council election at the time, as saying that he did not want to take part in “such mechanical work” as going into districts to distribute leaflets, and wanted to focus on district work. The trial will continue next week.
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（23 日）展開第 72 天審訊。法官追問公民黨於《國安法》後更改政綱，但沒公布的原因。鄭達鴻稱黨沒透露，「不過我相信係一個公關嘅考慮」，又指黨憂慮「畀人哋嘅一個印象係佢哋縮得好勁。」
鄭又供稱，前黨友李予信 2020 年 6 月 12 日參加街頭活動被邀請入警署，其後公民黨討論找李參選超區。法官問黨是想找一個看似為「街頭戰士」的人？鄭否認，稱「只係佢哋想畀人攻擊嘅時候，可以有呢樣嘢講出嚟。」官其後再問，最好他有被捕過？鄭答「係。」
鄭又透露，曾與李予信「有啲拗撬」，又引述當時勝出區選不久的李稱，不想參與落區派傳單「咁機械性嘅工作」，並稱想專注地區工作。案件下周續審。
21 Jun 2023法庭線#7842
47人案｜控方指公民黨一直立場是以否決迫特首回應「五大訴求」 鄭：非統一立場
The 47 democrats charged with conspiracy to subvert state power began the 71st day of their trial on Wednesday (21st). Under questioning by the prosecution, Cheng Tat-hung said he disagreed that the Civic Party had a unified position to veto the budget and force the Chief Executive to respond to the “five demands”, but acknowledged that he knew the party held such a position.
The prosecution also cited an election leaflet by defendant Michael Cheuk Kei Pang, which said that “the pro-democracy camp ... advocated ... vetoing the budget and forcing those in power to respond to the five demands”. It suggested that, since the Civic Party was part of the pro-democracy camp, this also amounted to the Civic Party’s position. Before Cheng could answer, the judge and both sides held a discussion. Cheng subsequently replied: “I think this was his [Pang’s] understanding of the pro-democracy camp.”
Cheng earlier said that, if elected, he intended to apply for an “exemption mechanism” in relation to voting against the budget, so that he would not have to vote in line with the party’s position. In response to questions from the judge, Cheng said he had mentioned the idea to his election manager, but could not remember how she had responded. The trial will continue on Friday.
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（21 日）展開第 71 天審訊。鄭達鴻接受控方盤問時，指不同意公民黨有統一立場，要否決財政預算案、迫使特首回應「五大訴求」，但承認知悉黨有此立場。
控方另引被告彭卓棋的選舉單張提及「民主派…提倡…否決財政預算案，逼使當權者回應五大訴求」，指公民黨是民主派一員，因此單張所指亦等同公民黨立場？鄭未及回答，法官及控辯雙方作一輪討論，其後鄭答「我認為呢個係佢（彭）對民主派嘅理解」。
另外，鄭早前稱若當選，擬就否決預算案一事用「豁免機制」，申請免跟隨黨立場投票。法官追問下，鄭稱曾對其選舉經理透露該想法，但忘記她有何回應。案件周五續審。
20 Jun 2023法庭線#7832
47人案｜鄭達鴻完成主問 稱按《基本法》 否決預算案不會致癱瘓政府
The trial of 47 pro-democracy defendants charged with “conspiracy to subvert state power” entered its 70th day on Tuesday (20th). Defendant Cheng Tat-hung completed four days of examination-in-chief, outlining the chronology from his bid to stand for election to the Legislative Council to being deemed ineligible (see table in full article).
During examination-in-chief, Cheng testified about the Civic Party’s and his views on whether the primary election or rejecting the Appropriation Bill was unlawful. He said he had read the relevant provisions of the Basic Law and that, even if the Legislative Council were dissolved after rejecting the budget, the Chief Executive could approve temporary short-term funding. He therefore did not believe rejecting the budget would paralyse the government, and said he had no intention of subverting state power. He also said he left the party because he was “disheartened”.
Cheng also began being cross-examined on Tuesday, starting with two defendants for the defence, Michael Cheuk Kei Pang and Yue Shun Lee. He testified that his former party colleague Yue Shun Lee was initially not on the list of candidates and might also have been placed second on his list. Yue Shun Lee was later recommended to stand for election by Yeung Yuk-kiu and Alvin Yeung under the “drafting mechanism”. The trial continues on Wednesday.
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（20 日）展開第 70 天審訊。被告鄭達鴻完成為時 4 日主問，證供勾勒出其爭取參選立會至被指不符資格的時序（見內文表）。
主問下，鄭供述公民黨與他對初選或否決《財政預算案》是否違法的觀點，提及曾看《基本法》條文，指就算立法會否決預算案後被解散，特首可批准臨時短期撥款，故不認為否決會造成癱瘓政府，自己亦沒意圖顛覆國家政權；他另提到因「心灰意冷」而退黨。
鄭周二亦開始接受盤問，由辯方兩名被告彭卓棋、李予信開始。他供稱，前黨友李予信原不在出選名單中，亦曾有可能排自己名單第二，其後李獲楊岳橋、譚文豪按「徵召機制」推薦參選。案件周三續。
Translations are supplied by the source workbook. Consult the original reporting for context.
