15 Apr 2023光傳媒#6308
留日學生返港被捕涉fb「煽獨」 專訪發聲日本教授：事主已保釋回家 憂國民有同類遭遇
The National Security Department arrested a 23-year-old woman early last month for allegedly posting messages inciting Hong Kong independence on Facebook, in an alleged offence of inciting secession. In an exclusive interview with Light Media, Japanese professor Tomoko Ako, who wrote an article exposing the incident, said the Hong Kong woman was safe and had remained at home since being released on police bail. Ako said she felt “extremely anxious” about the National Security Law’s extraterritorial jurisdiction, and feared Japanese nationals could later be charged with national security offences when entering Hong Kong over anti-China remarks.
國安處上月初拘捕一名23歲女子，涉嫌於Facebook發布煽動港獨信息，干犯「煽動分裂國家」罪。《光傳媒》專訪撰文揭發事件的日本教授阿古智子，她透露被捕香港女生目前情況安好，獲警方保釋後一直留在家中。阿古智子指，對《國安法》的域外法權感到「非常焦慮」，憂慮日後日本國民因反中言論，隨時入境香港時被控國安罪行。
14 Apr 2023法庭線#6299
47人案｜趙家賢2021年6月口供指「被騎劫、利用」 法官據民動報告等提質疑
The 43rd day of the trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” began on Friday (14th). The court heard that when Chiu Ka-yin gave a statement to police as early as June 2021, he had already said that Democratic Power had been “hijacked” and “used”. While testifying, Chiu agreed that he believed it had been hijacked by Benny Tai and some members of the localist protest camp.
Judge Chan Chung-hang raised documents on four occasions to question Chiu’s claim that he had been “hijacked”. On one occasion, he said the documents suggested that Chiu “did not look like a victim of hijacking, unless you suffered from ‘Stockholm syndrome’”. The three judges also questioned, in relation to Power for Democracy’s work report, why Chiu thanked Tai rather than condemning him. Chiu said he had “suppressed” his true feelings at the time.
Chiu said Tai had originally “wanted to kick Democratic Power aside” and only later approached Power for Democracy. He said he had once thought that “it would be better not to take it on”, but decided to undertake it after considering Chung Kam-lun’s view that Au Nok-hin could “hold Benny Tai back”, and that he did not want Power for Democracy to be marginalised. Under cross-examination, Chiu agreed that the Democratic Party supported Hong Kong’s return to China, and that Helena Wong and Lam Cheuk-ting were “staunch supporters” of the Democratic Party’s policies.
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（14 日）展開第 43 天審訊，庭上揭露趙家賢早於 2021 年 6 月向警方錄取口供時，已指民主動力遭「騎劫」、「利用」；趙作供時同意，認為被戴耀廷及部分本土抗爭派騎劫。
法官陳仲衡四度主動引文件，質疑趙稱遭「騎劫」一說，其中一次指從文件看來，趙「不像是被騎劫的受害者，除非你患有『斯德哥爾摩症候群』」。3 名法官亦就民動工作報告，質疑趙感謝而不譴責戴，趙稱當時「壓抑」自己的真實感受。
趙稱戴原「想踢開民主動力」，後來才找民動，自己曾認為「唔接好過」，但考慮鍾錦麟稱區諾軒「拉得住戴耀廷」、不想民動被邊緣化後決定承辦。盤問下，趙同意民主黨支持香港回歸中國，而黃碧雲、林卓廷是民主黨政策的「堅定支持者」。
14 Apr 2023明報#6304
「涉fb煽獨」留日生回港換證被捕 日教授關注國安法域外法權
The police’s National Security Department arrested a 23-year-old woman in the Sau Mau Ping area early last month for allegedly posting information inciting Hong Kong independence on Facebook. She was accused of the offence of “inciting secession” under Articles 20 and 21 of the Hong Kong National Security Law. Tomoko Ako, a professor at the University of Tokyo, wrote last week on Yahoo Japan that the woman was a Hong Kong student studying in Japan who was arrested when she returned to Hong Kong last month to replace her identity card. Her passport was confiscated, preventing her from returning to Japan to continue her studies. Ako hoped the university concerned would consider arranging for her to attend online classes and said she was extremely concerned about the National Security Law’s extraterritorial jurisdiction. In response to inquiries from this newspaper, Ako said she learned of the incident after receiving a request for help from the arrested woman’s boyfriend, who was also a student she knew.
警方國安處上月初在秀茂坪區拘捕23歲女子，涉在facebook發布煽動港獨信息，干犯《港區國安法》20及21條「煽動分裂國家」罪。日本東京大學教授阿古智子上周在日本雅虎網站撰文，稱該女子為留學日本的港生，上月返港更換身分證時被捕，被沒收護照無法返日繼續學習，期望相關大學考慮安排她參與線上課程，並對國安法的域外法權感到非常擔憂。阿古智子回應本報查詢稱，她是收到被捕女子男友、亦是她認識的一個學生求助，因而知悉事件。
14 Apr 2023法庭線#6306
47人案｜趙家賢2021年6月口供指「被騎劫、利用」 法官據民動報告等提質疑
The trial of 47 pro-democracy figures charged with “conspiracy to subvert the state power” entered its 43rd day on Friday (14th). The court heard that when Andrew Chiu gave a statement to police as early as June 2021, he had already said that Power for Democracy had been “hijacked” and “used”. In his testimony, Chiu agreed that it had been hijacked by Benny Tai and some members of the localist protest camp. Judge Chan Chung-hang referred to documents on his own initiative four times to question Chiu’s claim that he had been “hijacked”. On one occasion, he said the documents suggested that Chiu “did not look like a victim of hijacking, unless you suffer from ‘Stockholm syndrome’”. The three judges also questioned Chiu, with reference to the Power for Democracy work report, about thanking rather than condemning Tai. Chiu said he had “suppressed” his true feelings at the time. Chiu said Tai had originally “wanted to kick Power for Democracy out” and only later approached Power for Democracy. He said he had once thought that “it would be better not to take it on”, but decided to do so after considering Chung Kam-lam’s view that Au Nok-hin could “hold Benny Tai back” and that he did not want Power for Democracy to be marginalised. Under cross-examination, Chiu agreed that the Democratic Party supported Hong Kong’s return to China, and that Helena Wong and Lam Cheuk-ting were “firm supporters” of the Democratic Party’s policies.
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（14 日）展開第 43 天審訊，庭上揭露趙家賢早於 2021 年 6 月向警方錄取口供時，已指民主動力遭「騎劫」、「利用」；趙作供時同意，認為被戴耀廷及部分本土抗爭派騎劫。
法官陳仲衡四度主動引文件，質疑趙稱遭「騎劫」一說，其中一次指從文件看來，趙「不像是被騎劫的受害者，除非你患有『斯德哥爾摩症候群』」。3 名法官亦就民動工作報告，質疑趙感謝而不譴責戴，趙稱當時「壓抑」自己的真實感受。
趙稱戴原「想踢開民主動力」，後來才找民動，自己曾認為「唔接好過」，但考慮鍾錦麟稱區諾軒「拉得住戴耀廷」、不想民動被邊緣化後決定承辦。盤問下，趙同意民主黨支持香港回歸中國，而黃碧雲、林卓廷是民主黨政策的「堅定支持者」。
13 Apr 2023法庭線#6298
47人案｜趙家賢稱楊雪盈與自己「好溫和務實」、楊認為「入到立法會應自主行事」
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 42nd day on Thursday (13th). Six defendants, including Ng Ching-hang, Yu Wai-ming, Yeung Suet-ying, Michael Cheuk Kei Pang, Ho Kai-ming and Lawrence Wai Chung Lau, completed their cross-examination of Zhao Jiaxian.
Zhao testified that he met Yeung Suet-ying during the 2015 District Council election. He said that “Yeung Suet-ying and I are both the rational, moderate and pragmatic type”, and that he had never heard Yeung suggest forcing the Chief Executive to step down or paralysing the government. He said Yeung “only felt that after entering the Legislative Council, she should act independently”.
The two judges also asked several times about the role of “Power for Democracy”. Zhao said the opinion polls had originally concluded before the official election. The judges were concerned that participation in coordination might have needed to continue after the polls. Zhao said that convening meetings for coordination was the responsibility of Benny Tai and Au Nok-hin, not “Power for Democracy”.
47 名民主派被控「串謀顛覆國家政權」罪一案，周四（13 日）展開第 42 天審訊，吳政亨、余慧明、楊雪盈、彭卓棋、何啟明及劉偉聰等 6 名被告，完成對趙家賢盤問。
當中，趙供稱於 2015 年區議會選舉認識楊雪盈，指「楊雪盈同我都係嗰種，理性溫和務實嘅性格」，又指沒聽過楊曾提逼使特首下台、癱瘓政府，「佢（楊）剩係覺得之後入到立法會，係自主嘅行事」。
此外，兩法官數度問及「民動」角色，趙稱原至官方選舉前的民意調查就完結。法官關注，民調後或需繼續參與協調。趙稱召集會議作出協調是由戴耀廷、區諾軒負責，並非「民動」。
12 Apr 2023法庭線#6288
47人案｜趙家賢接受盤問 同意不視鄭達鴻為本土抗爭派 指民動與「三投三不投」無關
The 41st day of proceedings in the case involving 47 democrats charged with conspiracy to subvert state power began on Wednesday (the 12th). Zachary Wong completed eight days of examination-in-chief by the prosecution. Under questioning by the defence, he agreed that he did not regard defendant Cheng Tat-hung as a localist resistance figure, describing Cheng as “very careful and rational” in discussing policies. He said it was “impossible to know” whether Cheng would definitely vote down the budget if he entered the Legislative Council.
Under cross-examination, Wong also said that “Three Votes, Three No Votes”, launched by defendant Ng Ching-hang, also known as Lee Pak-lo, had nothing to do with him, Power for Democracy or Au Nok-hin. He said Benny Tai had previously assured him that the campaign was driven by Lee Pak-lo and was unrelated to the assembly. The defence presented WhatsApp messages from Mike Lam King-nam, who had criticised “Three Votes, Three No Votes” advertisements as “nauseating”, while Tai replied: “This was organised by a civil society group.”
The prosecution had earlier confirmed that the then chairman of the Kwun Tong District Council, Chak Hung Choy, and the secretary-general of Power for Democracy, Luke Lai King-fai, were co-conspirators in the case. On Wednesday, it also said that former Civic Party executive committee member and former Legislative Council member Kenneth Leung was a co-conspirator, and that it would rely on Leung’s remarks at a Civic Party press conference to accuse the defendants.
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（12 日）展開第 41 天審訊。趙家賢完成控方 8 天主問作供，他在辯方盤問下同意，不視被告鄭達鴻為本土抗爭派，形容鄭「好細心同埋理性」討論政策，「唔能夠知道」鄭若進入立法會一定會否決預算案。
在盤問下，趙又稱被告吳政亨（即李伯盧）發起的「三投三不投」，與他、民主動力及區諾軒無關，又稱戴耀廷曾承諾該運動由李伯盧推動，與大會無關。辯方引林景楠 WhatsApp 訊息，曾批評「三投三不投」廣告「嘔心」，而戴回覆「這是民間團體搞的」。
控方早前確認，時任觀塘區議會主席蔡澤鴻、民動總幹事黎敬輝為本案共謀者外，周三亦指公民黨前執委、前立法會議員郭榮鏗是共謀者，會依賴郭在公民黨記者會的發言指控各被告。
12 Apr 2023法庭線#6289
TimOwen來港簽證被拒 黎智英提司法覆核、指國安委越權建議入境處拒批簽證
Next Digital founder Jimmy Lai is charged with “conspiracy to collude with foreign forces”. In October 2022, the Court of First Instance approved his employment of British King’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice appealed, but its appeals were rejected by the Court of Appeal and the Court of Final Appeal. 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 is hired in a case involving risks to national security. The trial was adjourned until September 2023.
Jimmy Lai filed an application for judicial review in the High Court on Tuesday (the 11th), alleging that after the NPCSC interpretation, the Committee for Safeguarding National Security mistakenly believed it had a “new function”, assessed that Tim Owen’s entry to Hong Kong would pose a national security risk, and recommended that the Immigration Department refuse to issue him a visa. The applicant also alleged that the decision was inconsistent with the committee’s duties and usurped the powers conferred by Article 14 of the National Security Law. It further alleged that the Immigration Department refused the visa solely because of the committee’s decision, and asked the court to quash the relevant order.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲高等法院批准，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，案件押至 2023 年 9 月開審。
黎智英周二（11 日）入稟高院提司法覆核，指國安委在人大釋法後，誤解自己有「新功能」，評估 Tim Owen 來港會構成國安風險，建議入境處拒絕向他批出簽證。申請方又指，上述決定與國安委的職責不符、僭越《國安法》第 14 條權力，又指入境處純粹因為國安委的決定，而拒絕批出簽證，要求法庭撤銷相關命令。
11 Apr 2023法庭線#6279
47人案｜趙家賢稱有感吳政亨為組織者 指戴耀廷宣布「休息」後未棄否決預算案
The trial of 47 pro-democracy figures charged with conspiracy to subvert state power entered its 40th day on Tuesday (the 11th). Under questioning by the prosecution, Chiu Ka-yin testified that he only learned when the case first came to court in 2021 that “Li Pak-lo” was Ng Ching-hang. He also said Ng initiated “three to vote, three not to vote”, and agreed that he had the impression Ng was one of the organisers of “35+”. Chiu further said Tai had described Li Pak-lo as “one of his fans”, that Li had helped organise Operation Thunder, and that Tai had described it as a “civil society organisation” that helped promote the primaries among the public.
Chiu also said that after Tai announced he would “rest”, he met with Chiu and said, “We’ve passed the eye of the storm; it’s fine now,” and “Look at US Secretary of State Mike Pompeo—he praised us for doing a good job with the primaries.” Chiu agreed that Tai had not abandoned the idea of vetoing budget bills at the time, and hoped that Power for Democracy could donate HK$800,000 to HK$1 million to the Hong Kong Public Opinion Research Institute to establish a universal voting system, “to create pressure from public opinion and make traditional pro-democracy political parties comply”.
47 名民主派被控「串謀顛覆國家政權」罪一案，周二（11 日）展開第 40 天審訊。控方提問下，趙家賢供稱本案 2021 年首度上庭時，才知悉「李伯盧」即吳政亨，又指吳發起「三投三不投」，同意有感吳為「35+」組織者之一。趙又指，戴曾稱李伯盧「係佢啲 fans 嚟」，曾協助舉辦雷動計劃，而戴亦指其為「民間組織」，有助在民間推動初選。
另趙提及，戴於宣布「休息」後曾與趙會面，稱「過咗風眼位啦，無事啦而家」、「你睇美國國務卿蓬佩奧，讚我哋初選做得好呀」。趙同意，戴當時未放棄否決預算案的想法，希望「民主動力」可向「香港民研」捐款 80 至 100 萬元，以建立全民投票系統，「係畀到民意壓力，畀傳統民主派政黨去服從」。
6 Apr 2023法庭線#6265
47人案｜趙家賢指抗爭派記者會「絕對不符擁護基本法」 就民動帖文提「光復議會」認錯
The 47 pro-democracy figures charged with “conspiracy to subvert state power” began the 39th day of their trial on Thursday (the 6th). Andrew Chiu Ka-yin testified that, after speaking with Au Nok-hin on 14 July 2020, he decided that Power for Democracy would announce its withdrawal from the primary at an appropriate time. However, the localist protest camp held a press conference the following day, mentioning that it would veto the budget and engage in “mutual destruction” in the legislature.
While testifying, Chiu repeatedly said the remarks were “absolutely inconsistent with upholding the Basic Law and pledging allegiance to the Hong Kong Special Administrative Region”, “absolutely crossing the line with the National Security Law”, and that “the whole thing was completely out of control”. This changed his thinking: he believed it was necessary to clearly explain the withdrawal so that the public and the media would understand that it was “a separation”.
Chiu also said Power for Democracy was a “service provider” rather than an organisation with substantive power. Therefore, although the protest camp’s words and actions were inconsistent with the Basic Law, “I couldn’t DQ [disqualify] them, so I could only DQ myself”, and he withdrew from the primary. The judge at one point noted that a post published by “Power for Democracy” on Facebook contained “#LiberateTheLegislature” and “#ResistTyranny”. In response, Chiu admitted his mistake to the judge, saying that “I did not fulfil my duty to act cautiously.” The trial will resume next Tuesday (the 11th).
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 39 天審訊。趙家賢供稱，2020 年 7 月 14 日與區諾軒通話後，決定「民主動力」會在合適時候宣布退出初選。惟本土抗爭派翌日召開記者會，提到會否決財政預算案、在議會進行「攬炒」等。
趙家賢作供時數度指相關言論「絕對不合符擁護基本法、效忠特別行政區」、「絕對係同國安法係踩界㗎啦」、「整件事係完全地失控」，令他想法有變，認為需要清楚交代退出，讓公眾傳媒等認知「係一個切割」。
趙又稱，民主動力屬「服務提供者」，並非擁實權，故縱抗爭派言行不符基本法，「我唔能夠 DQ（取消參選資格）佢哋，所以只能夠係 DQ 我自己」，退出初選。法官一度關注，「民動」在 Facebook 發布的帖文有「#光復議會」、「#對抗暴政」。趙回答時向法官認錯，稱「自己無做好謹慎責任角色。」案件下周二（11 日）續審。
4 Apr 2023法庭線#6252
47人案｜控方展示趙家賢代表出席新東會議WhatsApp筆記 有鄒家成等發言紀錄
The 47 pro-democracy figures charged with “conspiracy to subvert state power” began the 37th day of their trial on Monday (the 3rd). Andrew Chiu amended his testimony, saying he did not attend the second New Territories East meeting but had asked the secretary-general of Power for Democracy, Luke Lai King-fai, to take notes at the meeting.
The prosecution presented WhatsApp messages containing Lai’s meeting notes, which recorded some of the remarks made by Owen Chow and others. Chow was recorded as saying: “If we do not make up our minds, how can we persuade Hong Kong people to vote in the primary and get us into the Legislative Council to paralyse the government?” After reading the content, Chiu said he believed that “the localist protest camp was very dismissive of certain messages from the central government.”
The records also stated that the New Territories East meeting had “voted to approve” the use of veto power. Chiu said he firmly believed that the Democratic Party representative had not been authorised to deal with the matter, adding that “I also found it very surprising at the time.” Under questioning from the judge, he also agreed that he and Au Nok-hin had successfully persuaded Benny Tai, meaning that primary election candidates were not required to sign an agreement. The trial will continue on Tuesday (the 4th).
47 名民主派被控「串謀顛覆國家政權」罪一案，周一（3 日）展開第 37 天審訊。趙家賢修訂證供，指自己未有出席新東第二次會議，而是請「民主動力」總幹事黎敬輝在會議上做筆記紀錄。
控方展示黎的會議筆記 WhatsApp 訊息，顯示鄒家成等人會上部分發言，當中鄒稱「如我們不決意，如何說服香港人於初選投票，推我哋入去立法會癱瘓政府」。趙家賢稱看畢內容後，認為「本土抗爭派對於中央政府嘅一啲訊息係好漠視」。
另紀錄提到新東會議上「投票通過」會運用否決權，趙稱深信民主黨代表未獲授權處理，直言當時「我都覺得好詫異」。他在法官提問下又同意，是自己與區諾軒成功說服戴耀廷，令初選參選人毋須簽署協議。審訊周二（4 日）續。
Translations are supplied by the source workbook. Consult the original reporting for context.
