19 Jun 2023法庭線#7824
47人案｜鄭達鴻指因應《國安法》實施 公民黨召緊急會議、三度改政綱
The trial of 47 democrats charged with “conspiracy to subvert state power” entered its 69th day on Monday (19th). Defendant Cheng Tat-hung gave evidence for a third day, testifying about the Civic Party’s response and changes in its positions before and after the National Security Law took effect (see table in the article).
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（19 日）展開第 69 天審訊，被告鄭達鴻第三日作供，供稱其所屬公民黨，在《國安法》生效前後的應對及其立場取態變化（見內文表）。
據鄭供詞，公民黨於 2020 年 3 月記者會，由黨魁楊岳橋稱如政府不回應「五大訴求」會否決所有議案後，同年 6 月內部發出「論壇天書」，要鄭在初選論壇上跟從「否決財政預算案、迫使特首回應五大訴求」的黨立場。
鄭續供稱，至 6 月底《國安法》實施，黨召開緊急會議達成 3 點共識，包括不再否決一切議案，但認為否決預算案合法，梁家傑稱否決絕非癱瘓政府。7 月初，公民黨 3 度更改政綱，包括刪去「根本上反對《國安法》」、改為僅 8 字的「無字政綱」。審訊周二續。
16 Jun 2023法庭線#7813
47人案｜鄭達鴻續作供：在公民黨內兩度反對簽〈墨落無悔〉、信政府會拋橄欖枝
The 68th day of the trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” began on Friday (the 16th). Defendant Cheng Tat-hung testified that, during internal Civic Party discussions over whether to sign the “Ink No Regrets” statement, some legislative assistants and veteran party workers believed it should be signed, while he opposed it twice, saying, “We should not sign just because we say so; the party’s dignity would be lost.” His view was not adopted.
Cheng also described his position on vetoing the budget, saying he believed the government was rational and that, even if it did not respond to the “five demands”, it would offer an “olive branch” or sweetener in the budget. If the benefits to the public outweighed the drawbacks, he said, “there would be no way not to agree.” He said that if the Civic Party insisted on vetoing the budget, he would apply for an exemption from the mechanism requiring legislators to vote in line with the party’s position, adding that “the worst-case scenario is that I could leave the party”.
Cheng also said he had not received either the draft or final version of a Hong Kong Island coordination agreement document issued by Benny Tai, and believed that achieving 35+ was “extremely unlikely”. 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（16 日）展開第 68 天審訊，被告鄭達鴻供述公民黨內部討論是否簽署〈墨落無悔〉聲明時，有議助和資深黨工認為要簽，而自己兩度反對，認為「唔應該話簽就簽，個『黨格』會無咗」，惟意見不獲採納。
鄭又提到自己對否決預算案的立場，指相信政府理性，即使不回應「五大訴求」都會在預算案拋出「柑欖枝」或甜頭，若對市民益處多於缺失，「到時無可能唔同意」。他又稱，若公民黨堅持否決預算案，會申請「議員豁免跟隨黨立場投票機制」，而「最壞嘅情況係可以退黨」。
鄭並稱，沒有收過由戴耀廷發出、港島區協調協議文件的初稿及最終版本，他亦認為 35+「十分之不可能」達成。案件下周續審。
16 Jun 2023法庭線#7815
留日23歲港生被控煽動 官准保釋禁離港、設多項條件 辯方爭議裁院無權處理
The National Security Department arrested a 23-year-old woman in March 2023, alleging that she had repeatedly published posts and photographs with seditious intent on her personal social media, including wording advocating Hong Kong independence. She was charged with one count of sedition, and appeared at the West Kowloon Magistrates’ Courts for the first time on Friday (16th).
The defence challenged whether the Magistrates’ Court had jurisdiction to handle the case, arguing that most of the posts concerned had been published outside Hong Kong and that the prosecution was also brought outside the statutory time limit. The prosecution said the relevant legal dispute was pending before the Court of Appeal and proposed that the case be adjourned until the appeal had concluded.
Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region-designated judge and Chief Magistrate Chief Magistrate Shing Mu Yau approved bail, prohibiting the defendant from leaving Hong Kong and imposing conditions including deleting all social media applications and surrendering the relevant accounts to police for inspection. The case was adjourned to 2 August for mention. The defendant remained calm, while her family members wept on hearing the decision. She left the court accompanied by former Under Secretary for Transport and Housing Shing Mu Yau.
警方國安處 2023 年 3 月拘捕一名 23 歲女子，指她涉嫌在個人社交媒體上多次發布具煽動意圖的帖文及相片，包括鼓吹香港獨立等字句。她被落案起訴一項煽動罪，案件周五（16 日）在西九龍裁判法院首度提堂。
辯方爭議裁判法院有否司法管轄權處理案件，又指涉案大部分帖文在香港境外發布，亦已超出檢控期限。控方指有關法律爭議正待上訴庭處理，建議本案押後至上訴完結後再處理。
《國安法》指定法官、主任裁判官羅德泉批准保釋，限不得離港，並施加須刪除所有社交媒體程式並將有關帳戶交予警方檢查等條件。案件押後至 8 月 2 日再訊。被告神息平靜，家屬則聞言哭泣。她離開時在前運輸及房屋局副局長邱誠武陪同下離開法院。
16 Jun 2023法庭線#7821
留日23歲港生被控煽動 官准保釋禁離港、設多項條件 辯方爭議裁院無權處理
The bail conditions include deleting all social media applications and posts related to the case, handing over the relevant accounts and logging into them for police inspection, providing police with the existing messaging and social media platforms, and not participating in communication groups with more than five people.
保釋條件包括：刪除所有社交媒體程式及涉案帖文，交出和登入相關帳戶予警方檢查，向警方提供現有的通訊及社交平台，不得參與多於 5 人的通訊群組
15 Jun 2023法庭線#7812
47人案｜首名被告作供 鄭達鴻：不同意否決預算案作籌碼 楊岳橋、譚文豪一意孤行
The trial of 47 pro-democracy defendants charged with conspiracy to subvert state power entered its 67th day on Thursday (15th). Cheng Tat-hung, the first defendant to testify, gave evidence about the internal details of a Civic Party press conference mentioned in the prosecution’s case. He said the event arose from an internal meeting at which Jeremy Tam proposed using a veto of all motions as a bargaining chip to pursue the “five demands”.
Cheng said he, an assistant to Kwok Ka-ki and Shui Wah Lam had voiced opposition, but party leader Alvin Yeung and Tam ultimately decided to proceed with the press conference, which he described as the two “going ahead regardless”. He said Yeung had invited him to attend in the role of “holding up a placard”; he did not speak and did not agree with Yeung’s or Tam’s remarks.
Cheng also gave evidence about the Civic Party’s decision-making mechanism, saying the Legislative Council caucus took precedence over the executive committee, whose function was “like a rubber stamp”. He said directly that “ultimately, the party’s top level had the final say”, and that he would not describe the decision-making mechanism as democratic. The trial will resume on Friday.
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（15 日）展開第 67 天審訊。鄭達鴻為首名作供的被告，他供述控方案情提及公民黨記者會的內情，指是源於一次內部會議，而譚文豪會上提出，用否決所有議案作為籌碼，爭取「五大訴求」。
鄭稱，他自己、郭家麒助理及林瑞華曾提出反對，但黨魁楊岳橋及譚，最終決定繼續召開該次記者會，形容兩人「一意孤行」。他續稱，受楊邀請出席，角色為「舉個牌」，自己沒發言，亦不同意楊、譚的發言。
鄭亦供述公民黨的決策機制，稱立法會黨團凌駕執委會，而後者功能「好似橡皮圖章」，直指「最後都係黨嘅最高層話事」，他不會形容決策機制為民主。審訊周五續。
14 Jun 2023獨媒#7806
國安處拘兩男女涉妨礙司法公正 女子上周曾涉串謀偽造被捕
The Police National Security Department today (14th) arrested a man and a woman on suspicion of perverting the course of justice. The 64-year-old woman was arrested last Tuesday (6th) with five other men on suspicion of conspiracy to forge, and was also alleged to have committed acts with a seditious intention by posting messages with a seditious intention on social media. Police later issued a correction, saying there were three men and two women, rather than five men.
警方國安處今日（14日）拘捕一男一女，涉嫌「妨礙司法公正」，其中被捕的64歲女子上星期二（6日）曾與另外五名男子涉「串謀偽造」被捕，並指她另涉「作出具煽動意圖的作為」，透過社交平台發布具有煽動意圖的訊息。警方之後發稿修訂應為「三男二女」，而非五名男子。
14 Jun 2023法庭線#7808
47人案｜辯方案情展開 法官質疑吳政亨電郵、受訪錄音屬傳聞證供
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 66th day on Wednesday (14th), formally beginning the defence case. Barrister Randy Shu Ming Shek, representing Ng Ching-hang, opened the proceedings and called three witnesses to tender Ng’s emails and interview recordings as evidence. However, the judge questioned whether they constituted hearsay evidence and requested written submissions, with oral supplementary submissions to be made on Thursday.
According to material shown in court, Ng wrote in an email that one purpose of “35+” was to “prepare to seize the Chief Executive’s position in 2022, allowing the pan-yellow camp to genuinely govern”. He said this did not mean that he supported or opposed pan-yellow lawmakers jointly vetoing any motions.
In the recordings, Ng said he organised “Three Votes, Three No-Votes” because the primary election was not going smoothly and the candidates were unwilling to cooperate, leaving him “feeling very hurt”, so he sought ways to win “35+”. Ng also said that, if people had to choose between the “mutual destruction document” (referring to the “No Regrets Once the Ink Is Dry” declaration) and the primary election, he hoped they would choose the latter. He added that “Three Votes, Three No-Votes” was positioned as a neutral group within the pro-democracy camp.
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（14 日）展開第 66 天審訊，正式踏入辯方案情，由代表吳政亨的大狀石書銘開始。石傳召 3 名證人，用以將吳的電郵內容、受訪錄音呈堂。不過法官質疑屬傳聞證供，要求遞交書面陳詞，周四再作口頭補充。
據庭上展示，吳於電郵中提及，「35+」其中一用處是「預備 2022（年）奪取特首之位，讓泛黃真正執政」，並稱不代表他支持或反對「泛黃議員」聯合否決任何議案。
至於錄音，吳則提到他辦「三投三不投」是因見初選不順利、候選人不願合作，「覺得好心傷」，遂想方法贏取「35+」。吳又提到，若「攬炒書」（指「墨落無悔」聲明）與初選二選一，希望人們選後者，另稱「三投三不投」定位是民主陣營之中的中立團體。
9 Jun 2023法庭線#6575
47人案｜法官裁定16名不認罪被告表證成立 13被告擬作供
The 47 pro-democracy figures charged with conspiracy to subvert state power began the 64th day of trial on Friday (the 9th). The judge ruled that a prima facie case had been established against all 16 defendants who pleaded not guilty. Reasons will be handed down later. Apart from Wu Ching-hang, Yeung Suet-ying and Yu Wai-ming, who are currently not expected to testify, the other 13 defendants intend to give evidence. Some defendants also intend to call defence witnesses (see table in the main text).
The case was adjourned until next Monday (the 12th), when the defence case is expected to begin. The defence disclosed that it intends to present evidence including audio recordings and emails. Based on the time the defence estimated would be needed for testimony, the judge estimated that the defence case would take about 39 days to hear.
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（9 日）展開第 64 天審訊。法官裁定，16 名不認罪被告，全部表證成立。理由稍後頒布。除吳政亨、楊雪盈、余慧明 3 人暫時料不作供外，其餘 13 名被告擬作供，另部分被告擬傳辯方證人（見內文表）。
案件押後至下周一（12 日）續審，料將開始辯方案情。辯方透露，擬呈錄音、電郵文件等證據。法官根據辯方估計作供所需時間，推算辯方案情料需約 39 日處理。
8 Jun 2023法庭線#6571
鄒幸彤六四煽惑集結案 律政司獲終院批出上訴許可 11月審理
At the 2021 June 4 memorial gathering in Victoria Park, police objected to the event on public health grounds. Chow Hang-tung, then vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was accused of publishing posts on social media and in Ming Pao calling on members of the public to participate. She was charged with incitement to unlawful assembly, convicted after trial and sentenced to 15 months’ imprisonment. Chow appealed, and the High Court judge Cheung Wai-ling allowed the appeal, quashing the conviction and sentence.
On Thursday (8), the Court of Final Appeal granted the Department of Justice leave to bring a final appeal in the case. The appeal is scheduled to be heard on November 22, with judgment to be handed down on a date to be fixed. The hearing ended within five minutes. The CFA judges said they agreed with the Department of Justice that the case involved points of law of great and general importance, and granted the application for leave to appeal, but did not grant leave on the ground involving substantial and grave injustice.
Chow, wearing her hair in a ponytail and a green jacket, smiled and waved to people in the public gallery while holding a notebook. She was represented by senior counsel Robert Yiu Hung Pang and barrister Ng Chung-luen. Before the hearing, the two walked over to Chow and spoke with her. After the hearing, Chow said, “Thank you all for remembering!” The Department of Justice was represented by Deputy Director of Public Prosecutions William Yiu Ho Tam. A former Standing Committee member of the Alliance Hon Kwong Tsui and representatives of the European Union were also in the public gallery.
2021 年六四維園悼念集會，警方以防疫為由反對，時任支聯會副主席鄒幸彤被指在社交媒體及《明報》發文，呼籲市民參與，被控煽惑集結，受審後被裁定罪成，判囚 15 個月。鄒提上訴，獲高院法官張慧玲裁定得直，撤銷定罪及判刑。
終審法院周四（8 日）向律政司一方批出就本案的終極上訴許可，排期於 11 月 22 日審理，擇日頒下判詞，聆訊 5 分鐘內結束。終院法官指，同意律政司一方指有重大及廣泛重要的法律論點，批出上訴許可申請，但未有批出牽涉重大不公的理由。
鄒幸彤束馬尾、身穿綠色外套，笑向旁聽人士揮手，並手持一本筆記本。鄒由資深大律師彭耀鴻、大律師吳宗鑾代表，開庭前兩人走向被告旁，與鄒對話。鄒於散庭時稱，「多謝大家記得！」律政司則由副刑事檢控專員譚耀豪代表。前支聯會常委徐漢光及歐盟代表亦有旁聽。
6 Jun 2023獨媒#6560
【六四34】警方：蠟燭掛畫涉「煽動意圖」、根據「移走煽動刊物」移除
The candle hanging artwork displayed outside Sai Kung Store, operated by former Sai Kung District Councillor Chan Ka-lam and others, was taken away by police officers yesterday (June 5). Later that evening, officers went to her home and asked her to assist with the investigation. In response to inquiries from InMedia, police said the banner’s content was suspected of constituting the offence of “seditious intention” under Chapter 200 of the Laws of Hong Kong, the Crimes Ordinance. The case is being followed up by the First Team of the Serious Crime Unit of Wong Tai Sin Police District. Sai Kung Store
由前西貢區議員陳嘉琳等開辦的西貢士多「西多」，昨日（6月5日）其懸掛於門外的蠟燭掛畫被警方派員收走，她傍晚則被警員登門要求協助調查。警方回覆《獨媒》查詢時指， 橫額內容涉嫌干犯香港法例第200章《刑事罪行條例》下的「煽動意圖」罪，案件由黃大仙警區重案組第一隊跟進。
Translations are supplied by the source workbook. Consult the original reporting for context.
