29 May 2023法庭線#6512
47人案｜共謀者原則爭議 控方首提公職行為失當 指應考慮《國安法》前言行
The 47 pro-democracy figures charged with conspiracy to subvert state power began the 59th day of trial on Monday (29th), addressing a legal dispute over the “co-conspirator principle”. The prosecution said in court for the first time that, before the National Security Law came into force, the defendants had already been involved in the offence of misconduct in public office, and that the words and actions of co-conspirators at the time could also be used to prosecute the defendants for the charges in this case.
The judge questioned why the prosecution had raised the point for the first time only after more than 50 days of trial. The judge also asked whether, under the prosecution’s argument, people would have to be “careful about everything” throughout their lives, because once something was said, their words could “be used to prosecute them for the rest of their lives”. The prosecution responded that this depended on whether the conspiracy offence was continuing.
The judge also said that even without invoking the principle, the testimony of Au Nok-hin and others was sufficient to show the scope and extent of the conspiracy. The prosecution said that invoking the principle and admitting the relevant words and actions as evidence could prove the truth of the prosecution’s case. The defence said that it was extremely unfair for the prosecution to rely on misconduct in public office, because had the defence known this earlier, it would have based its defence on that from the outset.
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（29 日）展開第 59 天審訊，處理「共謀者原則」的法律爭議。控方首度於庭上指出，被告在《國安法》生效前，已涉違反「公職人員行為失當」罪，而共謀者當時的言行，亦可用作起訴各被告干犯本案控罪。
法官質疑，控方在審訊逾 50 日後才首次提出，又舉例問若按控方說法，人們一生都要「凡事小心」，因為只要說了出口，說過的話「餘生都可以用來控告」；控方回應，需視乎串謀罪行是否持續。
官又指，即使不引該原則，憑區諾軒等的證供，已足以顯示串謀範圍及程度；控方稱，引用原則並採納相關言行為證據，可證明控方主張的真確性。辯方則指出，控方引用公職行為失當是極其不公，因為若辯方早知，一開始就會以此為基礎抗辯。
25 May 2023法庭線#6494
光城者案｜被指策劃炸彈襲擊 21歲男判囚5年8月 3人被判入教導所
Six men and women, some of them members of Returning Valiant, were accused of planning to place bombs at various locations in Hong Kong. They were charged under the National Security Law with conspiracy to commit terrorist activities, with the alternative charge of conspiracy to cause an explosion likely to endanger life or property. Five were secondary school students aged 15 to 19 when charged and had earlier pleaded guilty to the alternative charge. The other defendant, an alleged mastermind who was 17 at the time, pleaded guilty to conspiracy to commit terrorist activities.
National Security Law-designated judge Wilson Li sentenced a 21-year-old man to 5 years and 8 months in prison at the High Court on Friday (25th). Three other defendants aged under 21 were sent to a training centre. The remaining two applied to adjourn sentencing and will return to court on September 27; they remain remanded in custody in the meantime.
The judge said Hong Kong society had been unstable at the time of the offences, with many people resorting to violence to express political demands. The defendants had targeted courts, which symbolise the rule of law in Hong Kong, seriously undermining the dignity of the judiciary. He also said information about making explosives was readily available online and the materials could easily be obtained, so the sentences had to be deterrent. The 21-year-old had rented a guesthouse and was more culpable than the other three, receiving a sentence of 5 years and 8 months. The other three had lesser roles and were sent to a training centre.
6 名男女，部分為「光城者」成員，被指計劃在香港不同地方放置炸彈，被控《國安法》的「串謀恐怖活動罪」，及交替控罪「串謀導致相當可能危害生命或財產的爆炸罪」。其中 5 人被起訴時為 15 至 19 歲的中學生，早前承認交替控罪，另一名被指為主腦、案發時 17 歲男生則承認「串謀恐怖活動罪」。
《國安法》指定法官李運騰周五（25 日）在高等法院，判現年 21 歲青年監禁 5 年 8 個月，另外 3 名未滿 21 歲青年則判入教導所。另外兩人申請押後判刑，將於 9 月 27 日再訊，期間繼續還押。
法官指，案發時香港社會氣氛不穩，不少人訴諸暴力以表達政治訴求。被告以象徵香港法治的法院作為目標，嚴重削弱司法尊嚴。法官又指，網上有關製作爆炸品的資訊隨處可見，亦容易取得相關物料，判刑必須具阻嚇性。其中 21 歲青年曾租用賓館，罪責較另外 3 人重，判囚 5 年 8 個月。另外 3 人角色較次要，判入教導所。
21 May 2023法庭線#6470
47人案組織者證供1｜重組經過：一場逾61萬港人參與初選 由源起至被指顛覆政權
All prosecution witnesses in the case against 47 pro-democracy figures charged with conspiracy to subvert state power have completed their testimony. The three defendants identified as organisers—Au Nok-hin, Chiu Ka-yin and Chung Kam-lam—gave evidence for a total of 44 days. The Witness整理 Court Line has compiled their testimony to reconstruct the pro-democracy camp’s 2020 primary election, in which more than 610,000 Hong Kong people voted, from its origins to the events alleged to have been unlawful.
The prosecution alleges that the defendants agreed to indiscriminately veto budget bills to force the government to dissolve the Legislative Council, ultimately resulting in the Chief Executive’s resignation. It was disclosed in court that an agreement relating to the primary election mentioned using veto powers. According to the testimony of Au Nok-hin and others, Benny Tai had already raised the issue of veto powers at a dinner gathering linked to the origins of the primary election. The issue subsequently prompted discussion in different districts, but the testimony was inconsistent on whether the participants had reached a consensus.
They also testified about their reasons for helping organise the primary election. Au Nok-hin said he “wanted to contribute to the democracy movement”, while Chiu Ka-yin said he did not want Power for Democracy to be marginalised or to “end up failing because of me”. They also gave evidence about internal discussions among the organisers after the implementation of the National Security Law, a warning from the Secretary for Constitutional and Mainland Affairs, and a statement of condemnation issued by the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region, as well as the reasons for their successive announcements of withdrawal.
47 名民主派被控「串謀顛覆國家政權」罪一案，所有控方證人完成作供。當中被指為組織者的被告區諾軒、趙家賢及鍾錦麟，總共作供 44 日。《法庭線》整合 3 人證供，重組 2020 年那場逾 61 萬港人投票參與的民主派初選，由源起至被指違法的經過。
控方指控各人同意透過無差別否決預算案，迫使政府解散立法會，最終導致特首辭職。庭上披露，初選有協議文件提及運用否決權。據區諾軒等供述，戴耀廷早於一個初選起源的飯局中，已提及否決權議題，其後在各區引發討論，但對於參加者有否達成共識，證供並不一致。
他們亦供述加入協辦初選的原因，區諾軒稱「想貢獻民主運動」，而趙家賢指不想「民主動力」被邊緣化、「衰喺我手上」。他們又供述在《國安法》實施、政制局長警告，以至中聯辦發聲明譴責下，組織者內部的討論，以及先後宣布退出的原委。
21 May 2023法庭線#6471
47人案組織者證供2｜初選推手供述初心與矛盾 抗辯方挑戰可信性、釐清參與度
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, defendants Au Nok-hin, Chiu Ka-yin and Chung Kam-lun, who were alleged to be organisers, testified as prosecution witnesses for 44 days. The Stand News compiled their testimony. They described their respective roles and understanding of the original intentions behind the primary election, and said that even if they did not agree with binding themselves to veto the budget, they had believed that exercising the power of veto was not unlawful.
Their testimony also indicated that differences emerged among the organisers behind the territory-wide primary election, in which the pro-democracy camp sought to secure a majority in the Legislative Council. Benny Tai’s methods of coordination were criticised. Au said that some parts of the process were “hard to accept as something that could be called democracy”, and also agreed that the “Ink Falls, No Regrets” statement represented dissent against the organisers. Chiu, meanwhile, considered that Power for Democracy had been hijacked by Tai and the protest camp.
The defence cross-examined the witnesses from different angles, including challenging the credibility of Chiu’s testimony and questioning the feasibility of the “35+” plan and vetoing the budget to force the government to make concessions. It also clarified the political spectrums and positions of the defendants, as well as the extent of their participation in the case.
47 名民主派被控「串謀顛覆國家政權」罪一案，被指為組織者的被告區諾軒、趙家賢及鍾錦麟，以控方證人身分作供 44 日。《法庭線》整合 3 人證供，他們供述自己的角色、對初選初心的理解，又稱即使不認同要綑綁否決預算案，都曾相信運用否決權並不違法。
3 人的證供亦指出，在這場民主派以「立會過半」為目標、全港性的初選背後，組織者之間出現分歧，當中戴耀廷的協調手法備受批評，區諾軒稱部分過程「難接受可叫民主」，另又同意〈墨落無悔〉聲明是對組織者的異議。趙家賢則認為，「民主動力」被戴及抗爭派騎劫。
抗辯方循不同方向盤問，包括挑戰趙家賢證供的可信性、質疑「35+」計劃及否決預算案以迫使政府讓步的可行性，亦釐清各被告的政治光譜、立場，以及在案中的參與程度。
19 May 2023法庭線#6463
指國安委越權倡拒Tim Owen簽證 黎智英申司法覆核許可被駁回
Next Digital founder Jimmy Lai was charged with “conspiracy to collude with foreign forces” and, in October 2022, was permitted to engage UK King’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice appealed, but its appeals were dismissed by the Court of Appeal and the Court of Final Appeal in turn. The Standing Committee of the National People’s Congress subsequently interpreted Articles 14 and 47 of the National Security Law at the request of the Hong Kong Government, stating that a certificate issued by the Chief Executive should first be obtained before an overseas lawyer is approved to act in cases endangering national security.
Lai filed proceedings in the High Court in March and sought judicial review in April, asking the Department of Justice to declare that the NPCSC interpretation would not affect the court’s earlier decision permitting Tim Owen to come to Hong Kong to defend him. He also argued that the Committee for Safeguarding National Security’s recommendation that the Immigration Department refuse to grant Owen a visa exceeded the powers conferred by the National Security Law. After a hearing, Chief Judge of the High Court Jeremy Poon on Friday (19th) dismissed both the application for leave to apply for judicial review and Lai’s application.
The judgment said that, when Articles 12 and 14 of the National Security Law were read together as a coherent whole, the Committee for Safeguarding National Security was subject to the direct supervision and control of the Central People’s Government, and its work was not subject to interference by any institution, including the courts. The relevant provisions also stipulated that the committee’s decisions were not subject to judicial review, making the legislative intent clear. The committee’s work under Article 14 fell within the exclusive responsibility of the Central People’s Government. Accordingly, the power to supervise the committee was reserved exclusively to the Central People’s Government, and the courts of the Hong Kong Special Administrative Region, as courts of a local administrative region, had been given no role or power.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲准聘用英國御用大狀 Tim Owen 來港抗辯。律政司不服提上訴，先後被上訴庭、終審法院駁回。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。
黎智英分別於 3 月及 4 月入稟高院及提司法覆核，要求律政司宣布人大釋法不會影響法院早前批准 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。經聆訊後，高院首席法官潘兆初周五（19 日）一併駁回司法覆核許可申請，及黎的入稟。
判詞指，以《國安法》第 12 條及第 14 條作為一個有連貫性的整體一併解讀，國安委接受中央政府的直接監督及控制，同時工作不受任何機關干涉，包括法院在内。有關條文亦訂明國安委的決定，不受司法覆核，立法原意十分清晰。而國安委在第 14 條下的工作，專屬中央政府事權，因此監督國安委的權力保留為中央政府專有，特區法院作為地方行政區域的法院，不獲賦予任何角色或權力。
16 May 2023法庭線#6444
認違國安法不獲三分一減刑 呂世瑜獲終院批出上訴許可 排期8.9審理
PolyU student Lui Sai Yu was accused of using a Telegram channel in 2020 to incite Hong Kong independence and sell weapons to incite violence. In April 2022, he pleaded guilty to “inciting others to secede from the country”. The court initially reduced his sentence from five and a half years’ imprisonment to three years and eight months. However, the prosecution argued that sentencing was subject to the minimum sentence for offences under the National Security Law, which provides that offenders in serious cases must be sentenced to “five years or more”. Judge Amanda Jane Woodcock subsequently sentenced the defendant to five years’ imprisonment.
Lui Sai Yu previously appealed against the sentence, but the appeal was dismissed by the Court of Appeal. His application to the Court of Appeal for a certificate to appeal to the Court of Final Appeal was granted. On Tuesday (the 16th), the Court of Final Appeal dealt with his application for leave to appeal out of time. Three judges of the Court of Final Appeal granted leave to appeal on whether the requirement for a fixed-term sentence of five years or more is mandatory, and whether mitigating grounds outside the statutory provisions may be used to reduce a sentence. The case is listed for hearing on August 9.
理大男生呂世瑜被指 2020 年在 TG 頻道煽動港獨及售武煽暴，2022 年 4 月承認「煽動他人分裂國家」罪，原獲法庭由判囚 5 年半減刑至 3 年 8 個月。惟控方指，判刑受《國安法》罪行的最低刑期所限，情節嚴重者須「處 5 年以上」，法官胡雅文改判被告監禁 5 年。
呂世瑜早前不服刑罰提上訴，被上訴庭駁回，他向上訴庭申請上訴至終院的證明書獲批，周二（16 日）在終院處理逾時上訴許可申請。3 名終院法官批准他就「5 年以上有期徒刑的規定是否屬強制性」、「是否容許條文以外的求情理由而作出減刑」提出上訴，案件排期 8 月 9 日審理。
16 May 2023獨媒#6445
曾參與反修例女子涉煽動顛覆國家判監6年 警方：前年接獲內地通報
The mainland website Weiquanwang reported that Hong Kong woman Tam Chau-yim, who took part in the anti-extradition law protests, was arrested in mainland China in April two years ago and sentenced last July to six years in prison for the offence of “inciting subversion of state power”. A review of Tam’s Twitter account found that during the anti-extradition law protests, she posted slogans including “Never forget 7.21” and “Commemorate 8.31”, and called for participation in multiple rallies.
內地「維權網」報道指，曾參與反修例運動的香港女子覃秋艷前年4月在內地被拘捕，去年7月被控以「煽動顛覆國家政權罪」判刑監禁6年。翻查覃秋艷的Twitter 帳戶，她在反修例運動期間，曾寫上「毋忘721」、「紀念831」等口號，並呼籲參與多個集會。
15 May 2023獨媒#6437
疑似國安警帳戶被踢爆後即被刪 曾讚黃店「3C維修工作室」
During today’s trial of the 47-person case, it was disclosed that the Police National Security Department had shared an account using the pseudonym “Tang Kei”. The account had commented on a post by Benny Tai: “Even if you haven’t broken the law, wait for Heaven to punish you!!!!!” Asked whether there were guidelines regulating police officers’ online conduct, Secretary for Security Chris Tang said only that he would not comment on a case under review, while stressing that all police actions were carried out in accordance with the law. The same comment was still visible on Tai’s post this afternoon, but the account was named “Tang Hon-kei”. After the trial’s contents were widely reported, the “Tang Hon-kei” account disappeared entirely.
47人案今日審訊過程中，披露警方國安處曾共用一個叫「鄧奇」的假名帳戶，該「鄧奇」曾經在戴耀廷一篇貼文留言「唔犯法都等天收啦你!!!!!」。保安局局長鄧炳強被問有否指引規管警員網上言行，他僅表示不評論正在審視案件，但強調警員所有行動均跟據法律進行。同一個留言在今日下午仍在戴的帖文出現，不過帳戶名稱是「鄧漢其」，當審訊內容被廣為報導後，「鄧漢其」帳戶更整個消失。
15 May 2023法庭線#6441
47人案｜林景楠解釋一度欲轉新東參選 選舉主任供稱DQ何桂藍前政制局曾供料
The 57th day of the trial in the case involving 47 democrats charged with conspiracy to subvert state power began on Monday (15th). During cross-examination, the pleading guilty defendant Mike Lam King-nam agreed that he had considered factors including the chances of winning, and had planned to switch from the Legislative Council Import and Export functional constituency to contest New Territories East. After performing poorly in the primary, he announced that he would return to contest the Import and Export constituency. Lam also explained that, because of the social atmosphere, he used the word “rotten” to describe the functional constituency electoral system.
Huixin Yang, who was the Returning Officer for New Territories East at the time, gave evidence about the process of ruling Gwyneth Ho’s nomination invalid. Under questioning by the defence, she disclosed that the Constitutional and Mainland Affairs Bureau had provided two of Ho’s Facebook posts and asked Ho to explain their contents. She also agreed that the reasons for the decision had been written by someone else, and that she had agreed to and signed them.
The defence also revealed during cross-examination that the Facebook account used by a National Security Department officer to obtain evidence through online screenshots had commented under a post on Benny Tai’s page: “Even if you haven’t broken the law, wait for heaven to punish you!!!!!” The testifying officer admitted that the account was used only by police officers, but had no recollection of making the comment. He also agreed with the judge that the comment could have provoked others to make further comments.
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（15 日）展開第 57 天審訊。認罪被告林景楠接受盤問時同意有考慮勝選機會等，擬由立法會進出口界轉至新東參選，後在初選表現不好，再宣布回到進出口界參選。林又解釋，因社會氣氛而以「敗壞」形容功能組別選舉制度。
時任新東選舉主任楊蕙心供述裁定何桂藍提名無效的過程，在辯方盤問下透露政制及內地事務局曾提供兩則何的 Facebook 帖文，她要求何解釋帖文內容。她又同意，裁決理據是由他人撰寫，自己同意並簽署。
另外，辯方盤問時揭露，國安處警員用於網上截圖搜證的 FB 帳戶，曾在戴耀廷的專頁帖文下留言「唔犯法都等天收啦你!!!!!」。作供警員承認帳戶只有警員使用，但自己沒印象曾發留言，又同意法官指，該留言有可能激起他人進一步留言。
9 May 2023法庭線#6420
47人案｜證人X否認秘密攝錄 另稱戴耀廷曾提「推翻政府」 辯方指口供沒提
The 55th day of the trial in which 47 democrats are charged with conspiracy to subvert state power began on Tuesday (9th). Anonymous prosecution witness X testified that he filmed and recorded a New Territories West primary election coordination meeting for “research”. He said the recording was conducted “openly”, adding: “I don’t know whether everyone knew about it; I just put [the recorder] in my bag.”
Regarding the unsteady footage, X said: “I’m not a professional videographer.” He admitted that he had not asked those present for permission, but said: “Nobody at the scene said filming was not allowed.” In response to the defence’s challenge, he added: “I wasn’t recording secretly; I took it out and filmed in full view.”
X also testified that, before the New Territories West meeting, Benny Tai had said that promoting the “35+” plan was intended to “overthrow the government”. The defence pointed out that he had not mentioned this in his statement to police. X replied that Tai had referred to “forcing the Chief Executive to step down”, and said: “In my understanding, that is, I feel, forcing the Chief Executive to step down means overthrowing the government.” X completed his testimony that day.
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（9 日）展開第 55 天審訊。控方匿名證人 X 供稱，在初選新界西協調會議拍片及錄音，用作「研究」，又指是「公開進行」攝錄，稱「我就唔知道係咪大家都知道，我就咁擺（錄音筆）喺袋到」。
對於片段鏡頭晃動，X 稱「我唔係一個專業嘅攝錄人士」，他承認沒問過在場人士的准許，「但係現場都無人話唔可以影」，又在回應辯方質疑時稱「我唔係秘密（攝錄），我係好光明正大咁攞出嚟影。」
X 另供稱，戴耀廷在新西會議前曾提及推動「35+」計劃是想「推翻政府」。辯方質疑他未有在向警方錄取的口供提及。X 答稱戴提及「逼特首落台」，故「以我嘅理解，即係我覺得，逼特首落台，就係要推翻政府」。X 是日完成作供。
Translations are supplied by the source workbook. Consult the original reporting for context.
