22 Mar 2023法庭線#6194
47人案｜區諾軒：立會奪半為取政治籌碼 稱攬炒派表達絕望、用盡手段爭破局
The trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” began its 29th day on Wednesday (22nd). Under questioning by Trevor Beel, counsel representing Gwyneth Ho, Au Nok-hin agreed that Tai Yiu-ting’s idea was to obtain political leverage by winning half of the Legislative Council seats. He also said that if a majority could not be achieved, they would lose the leverage to veto the budget and lack the conditions to negotiate with the government.
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（22 日）展開第 29 天審訊。區諾軒在何桂藍代表大狀 Trevor Beel 盤問下，同意戴耀廷的想法是以「立會奪半」取得政治籌碼，又指若未能達成過半，會失去否決預算案籌碼、缺條件與政府談判。
22 Mar 2023法庭線#6195
《立場》被指煽動案｜控方問鍾沛權是否黃營、反建制 鍾：「我係追求自由主義嘅香港公民」
The trial of Stand News, which is charged with conspiracy to publish seditious publications, entered its 45th day at the District Court on Wednesday (the 22nd). Chung Pui-kuen testified that he had once taken a chance, believing the media would not be targeted under the National Security Law. But after the Apple Daily case, “my wife was arrested too,” and he believed the red lines under the National Security Law were unclear: “If you ask what you are worried about under the National Security Law, it is precisely that you do not know what to worry about—it is very vague.”
He also said that in the latter part of 2021, he continuously received word about action targeting Stand News, while civil society organisations were gradually disbanding and the pressure was growing. As his wife was in remand, he visited her every day and could not attend to his work, and at one point planned to end Stand News. He later received further word that gave him a glimmer of hope that Stand News could survive. He therefore looked for an “outsider” to take over, but this was unsuccessful, and defendant Lam Siu-tung eventually became acting editor-in-chief. Chung said frankly that he did not want to implicate Lam, and that the decision was also unfair to him: “The pressure over whether Stand News could survive went to Lam Siu-tung.”
The prosecution also asked about Chung’s political position, including whether he belonged to the peaceful, rational and non-violent camp, the “yellow camp” and the anti-establishment camp. Chung questioned why the prosecution’s questioning was endless, saying that he was a Hong Kong citizen who pursued liberalism: “You put 10 labels on me—what is this about? You can conduct ideological vetting if you want; I will give a full account of what my ideology is.”
《立場新聞》被控「串謀發布煽動刊物」案，周三（22 日）於區域法院踏入第 45 日審訊。鍾沛權供稱曾心存僥倖，認為傳媒不會被《國安法》針對，但經歷《蘋果》案後，「我太太都俾人拉埋」，認為《國安法》下紅線模糊，「你問擔憂《國安法》啲乜，正正係唔知擔憂乜，好含糊」。
他又提及 2021 年下旬，持續收到針對《立場》的風聲，同時陸續有公民組織解散，壓力越來越大，加上妻子還押期間，他每天探望、未能兼顧工作，曾打算結束《立場》。後來收到新風聲，令他抱有一絲希望，覺得《立場》可生存，於是物色「街外人」接手，但不成功，終由被告林紹桐任署理總編輯。鍾直言不想連累對方，這決定亦對林不公平，「《立場》能唔能夠生存嘅壓力去咗林紹桐度」。
控方又問及鍾的政治立場，包括他是否和理非、「黃營」及反建制派。鍾質疑控方追問沒完沒了，指自己是追求自由主義的香港公民，「你抌 10 個標籤畀我，一回咩事呀呢個係？你做思想審查冇所謂，我會全面交代思想係咩一回事」。
22 Mar 2023法庭線#6196
何俊仁被指保釋期間違反條件 官撤銷保釋即時還押
In September 2021, the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China, former chairman Li Cheuk-yan, former vice-chairwoman Chow Hang-tung and former vice-chairman Albert Ho Chun-yan were charged with one count of “inciting others to subvert state power”. The 71-year-old Ho was granted bail by the High Court in August 2022 after completing a sentence in a separate case. Ho was allegedly found to have breached his bail conditions and was arrested again by the Police National Security Department on Tuesday (21st). After being detained for a day, he was taken by police vehicle to the West Kowloon Magistrates’ Courts on Wednesday (22nd), where the case was handled by Chief Magistrate So Wai-tak.
The prosecution said Ho had allegedly breached his bail conditions and opposed his continued release on bail. The defence sought to have Ho continue to be released on bail under the existing conditions. After hearing submissions from both sides, the magistrate revoked Ho’s bail and ordered that he be remanded in custody immediately.
2021 年 9 月，現已解散的支聯會、前主席李卓人、前副主席何俊仁及鄒幸彤，被控一項「煽動他人顛覆國家政權」罪。71 歲的何俊仁就另案服刑完畢後，於 2022 年 8 月向高等法院申請保釋獲批。惟何被指違反保釋條件，周二（21 日）早上被警方國安處再次拘捕，扣查一日後，周三（22 日）由警車押送到西九龍裁判法院應訊，由總裁判官蘇惠德處理。
控方指，何俊仁保釋期間涉嫌違反保釋條件，反對他繼續保釋。辯方則希望何續准以原有條件保釋。裁判官聽取雙方陳詞後，最終撤銷何俊仁保釋，須即時還押。
21 Mar 2023法庭線#6182
《立場》被指煽動案｜控方指鍾沛權認為「721有勾結」 鍾否認指控方「錯得離譜」
The trial of Stand News, which is charged with conspiracy to publish seditious publications, entered its 44th day at the District Court on Tuesday (21st). The prosecution said Chung Pui-kuen’s testimony showed that he had a poor view of the police and believed that “there must have been collusion” over 7.21. Chung denied this, saying that in a strict criminal prosecution, “even the prosecutor’s summary of me can be so absurdly wrong, completely inconsistent with the facts.” Citing Stand News cards as an example, he said the prosecution’s associations were inconceivable and fanciful, and said those in power should not “criminalise things at every turn” when faced with speech. He said there should be no ambiguous red lines, particularly for speech directed at public authorities.
Under questioning by the prosecution, Chung also testified that the media’s greatest and ultimate mission was to record and report. He choked up at one point, saying that as early as 2014, when Stand News was founded, he had pessimistically anticipated that press and freedom of expression in Hong Kong would change dramatically, but he still made full use of the available space to record the changes. The prosecution said only media outlets attacking the central authorities would be suppressed, while there would be no problem with merely recording events. Chung said this “precisely reflects our concerns”, and maintained that the media and creators should not be suppressed even if their speech was regarded as offensive or an attack. The trial will continue on Wednesday (22nd).
《立場新聞》被控「串謀發布煽動刊物罪」案，周二（21 日）於區域法院踏入第 44 日審訊。控方指，從鍾的證供可見他對警方觀感差、認為「721 一定有勾結」。鍾否認，指在嚴格的刑事檢控當中，「檢控官對我嘅總結都可以錯得咁離譜，完全唔符合事實」。他又以《立場》咭片為例，指控方聯想匪夷所思、天馬行空，認為當權者面對言論不應「動輒就刑事化」，尤其針對公權力的言論，不應設有含糊不清的紅線。
鍾沛權又在控方盤問下供稱，傳媒最大、最後的使命是記錄和報道，一度哽咽稱早於 2014 年創辦《立場》時，已悲觀地預期本港的新聞、言論自由將會大變，但他仍然盡用空間記錄變化。控方指攻擊中央的傳媒才會受打壓，純粹記錄不會有事，鍾指說法「正正反映我哋疑慮」，認為即使言論被視為冒犯、攻擊，傳媒及創作者都不應受打壓。案件周三（22 日）續審。
21 Mar 2023法庭線#6183
認煽動顛覆等罪囚5年 武館教練不服刑期提上訴 原審案情指倡武裝達「港獨」
A male coach at a martial arts club in Tsim Sha Tsui was accused of posting on Facebook over a period of one and a half years from 2020, advocating the establishment of a “Hong Kong independence armed force” and running “kill-ghost squad training classes”. He earlier pleaded guilty to the offence of “inciting others to subvert state power” under the National Security Law. The coach and a female assistant also pleaded guilty to the offence of possessing firearms without a licence in relation to the possession of machetes, a crossbow and other items.
When sentencing on 24 February 2023, District Court Judge Lian Kin-hong said the case involved “serious circumstances”. As the National Security Law charge was subject to a mandatory minimum sentence, the coach, despite pleading guilty, was unable to receive the full one-third sentence reduction and was ultimately jailed for five years. The female assistant was sentenced to 16 months’ imprisonment for possessing firearms without a licence.
尖沙咀一間武館的男教練，被指 2020 年起一年半間，在 Facebook 發帖倡建「港獨武裝力量」、辦「殺鬼隊訓練班」，他早前承認《國安法》下的「煽動他人顛覆國家政權」罪。男教練另與女助手就藏有開山刀、弩等承認「無牌管有槍械」罪。
原審區院法官練錦鴻於 2023 年 2 月 24 日判刑時指，本案屬「情節嚴重」。因《國安法》控罪受最低刑罰所限，男教練認罪惟未能獲完整 3 分 1 刑期扣減，最後判囚 5 年。而女助手則就無牌管槍罪判監 16 個月。
21 Mar 2023法庭線#6189
「SUCK Channel」管理員串謀煽惑罪成申上訴被拒 判詞：原審已作「無可批評的結論」
During the 2019 anti-extradition bill movement, the Telegram channel ‘SUCK Channel’ was alleged to have published multiple posts inciting others to commit offences. The channel administrator, surnamed Ng, was convicted after trial on seven counts of conspiracy to incite and sentenced to six and a half years’ imprisonment in May 2022. Dissatisfied with the convictions, Ng appeared in person last Friday (17th) to apply to the Court of Appeal for leave to appeal. Judge Pang Wai-cheong dismissed the application the same day.
In a judgment handed down on Tuesday (21st), the judge explained the reasons for the decision, saying that the issues raised by the applicant were the same as those advanced by the defence at trial, and had been rejected one by one by the trial judge. After examining the trial judge’s written judgment in detail, the judge considered that the trial judge had analysed all the issues ‘comprehensively and meticulously’ and reached ‘unassailable conclusions’. The judge could see no error in the trial court’s analysis. Conversely, the applicant had failed to put forward valid grounds of appeal, and the application was therefore dismissed.
2019 年反修例運動期間，Telegram 頻道「SUCK Channel」被指發布多條煽惑他人犯罪的貼文，伍姓頻道管理員經審訊後，被裁定 7 項串謀煽惑罪成，2022 年 5 月被判囚 6 年半。伍不服定罪，上周五（17 日）親自應訊向上訴庭申請上訴許可，法官彭偉昌即日駁回其申請。
法官周二（21 日）頒下判詞解釋裁決理由，法官認為申請人提出的議題，正是辯方在原審時提出的議題，而原審官已一一駁斥。法官指，他詳細翻閱原審書面判詞後，認為原審官已「全面及細緻」剖析所有問題，並作出「無可批評的結論」。法官看不到原審的分析有任何出錯，相反申請人未能提出有效的上訴理由，故駁回其申請。
20 Mar 2023法庭線#6178
涉「隱世市集」售煽動刊物 「姜牧師」等3人判囚 官：買者同情示威者
In January 2023, the Police National Security Department searched the “Hidden Market” in Mong Kok and seized publications, including those related to the 2019 social movement. The prosecution said they contained multiple allegations of “police brutality” and slogans such as “Liberate Hong Kong, revolution of our times”. Online media founder Keung Ka Wai of “Keung Ka Wai” and a married couple who rented a stall pleaded guilty to one count of conspiracy to commit sedition. The three were sentenced to between five and 10 months’ imprisonment at the West Kowloon Magistrates’ Courts on Monday (20th). Chief Magistrate Peter Law Tak-chuen, a judge designated under the National Security Law, said that although unlawful acts of unrest had subsided by that time, some people had still not calmed down and continued to harbour resentment. They could easily have their emotions stirred up again when provoked. He said that those willing to pay for the publications were mostly sympathetic to the protesters or identified with the relevant slogans, and that selling such materials to like-minded people made it more likely that such sentiments could “flare up again”, likening the situation to planting a “time bomb”.
The prosecution’s original statement of facts also listed other goods found at the stall, describing them as “circumstantial evidence”. Law questioned whether this was unfair to the defendants, and the prosecution ultimately agreed to amend the statement.
2023 年 1 月，警方國安處搜查旺角「隱世市集」，檢走包括有關 2019 年社運的刊物。控方指內有多項「警暴」指控及「光時」口號等。網媒創辦人「姜牧師」姜嘉偉及租攤檔兩夫妻 3 人承認一項串謀煽動罪。3 人周一（20 日）在西九龍裁判法院，被判囚 5 至 10 個月。
《國安法》指定法官、主任裁判官羅德泉指，雖然當時違法衝擊行為已沉寂，但部分人心情仍未平復，耿耿於懷，受刺激容易再挑起情緒，願意付費購買的人大多同情示威者或認同相關口號，向這些志同道合的人銷售刊物，更容易導致「死灰復燃」，如同埋藏「計時炸彈」。
控方案情原列出攤位的其他貨品，指屬「環境證供」。羅質疑對被告不公，控方終同意修訂。
20 Mar 2023獨媒#6180
【初選47人案】區諾軒：戴耀廷處理初選「有唔民主嘅地方」 後期「似乎變成一派拉倒一派」
The 47 defendants were charged with conspiracy to subvert state power over organising and participating in the pan-democratic primary election. Sixteen pleaded not guilty, and today (the 20th) marked the 28th day of the trial. Au Nok-hin continued to be cross-examined, saying participants held differing views on vetoing the budget, but Benny Tai had “sided with one side” and repeatedly written in support of exercising veto power and the “Ten Steps to Mutual Destruction”, which was “problematic” and showed disrespect for the views of those attending. Judge Andrew Hing Wai Chan asked whether Tai’s approach was “undemocratic”. Au reiterated that he found the wording “would exercise” veto power in the New Territories East document “very puzzling”, and only belatedly realised that the New Territories West document also used the wording “would exercise”. He found it difficult to accept that the process was democratic, and said it was “very painful” to receive the transcript of the New Territories West meeting while in custody. He also said that, since entering politics, he had consistently sought common ground while reserving differences and looked for the “greatest common denominator”, but that in the later stages of the primary election it “seemed to become one faction bringing down another”. He asked: “As an organiser, shouldn’t one be a neutral arbitrator?”
47人涉組織及參與民主派初選，被控「串謀顛覆國家政權」罪，16人不認罪，今（20日）踏入審訊第28天。區諾軒繼續接受盤問，表示參與者對否決預算案有不同意見，惟戴耀廷卻「側埋一邊」，不斷撰文提倡用否決權及「攬炒十步」，是「有問題」亦不尊重與會者意見。法官陳慶偉問戴的做法是否「不民主」，區重申對新東文件使用「會運用」否決權字眼感「好費解」，亦對新西文件採用「會運用」字眼「後知後覺」，難以接受過程是民主，還柙期間收到新西會議謄本亦「好難受」。他又指，從政以來一直「求同存異」、尋找「最大公因數」，但初選後期「似乎變成一派拉倒一派」，反問：「作為組織者，難道唔係要做一個中立仲裁嘅人咩？」
20 Mar 2023法庭線#6181
涉FB稱殉職水警「抵死」 前男警煽動罪成囚10月
Senior Inspector of Marine Police Lam Yuen-yi died in the line of duty in September 2021. The 26-year-old male police officer, who was serving at the time, was accused of posting comments on the Hong Kong Police Facebook page saying, “The female marine police officer should have died already” and “She deserved to die,” and of reposting a Stand News report about Lam, saying, “How could one dead dog official be enough?” He was earlier convicted of sedition after trial. Remanded in custody until Monday (20th), he was sentenced to 10 months’ imprisonment at the West Kowloon Magistrates’ Courts, and was refused bail pending an appeal.
水警高級督察林婉儀 2021 年 9 月執勤時殉職，26 歲時任男警涉在「香港警察」Facebook 專頁，發布「水記女幫板應該死左喇」、「不過係抵死」留言，又轉發關於林婉儀的《立場新聞》報道，指「狗官死一個點夠」。男警早前經審訊後被裁定煽動罪成，還押至周一（20 日）在西九龍裁判法院，被判囚 10 個月，申請保釋等候上訴被拒。
17 Mar 2023法庭線#6176
47人案｜區諾軒稱「攬炒十步」為戴耀廷狂想 修訂日前稱「感覺被戴騎劫」供詞
The 27th day of the trial of 47 pro-democracy figures charged with “conspiracy to subvert state power” began on Friday (17th). During questioning by barrister Ma Wai-kwan, who represents Raymond Chan Chi-chuen, Au Nok-hin was asked about Benny Tai’s proposed “Ten Steps to Mutual Destruction”. Au testified that he did not want this to happen in Hong Kong, describing it as “really a fantasy, so it’s fantasy; he [Tai] might… well… final fantasy.”
Au also voluntarily amended his earlier testimony concerning the New Territories East agreement, in which he said that the wording stating that veto power “would be exercised” made him “feel hijacked by Tai”. He said: “I don’t think I should use the word ‘hijacked’ to characterise this matter. After all, I don’t want to use this kind of wording again, which would end up hurting Benny Tai.” Au nevertheless said in court that he had never received some of the documents and described himself as having been “kept in the dark.”
A judge also asked who had instructed the Hong Kong Public Opinion Research Institute to conduct opinion polls before the Legislative Council election after Au, Andrew Chiu Ka-yin, Tai and other organisers successively announced their withdrawal from work on the primary election. Au replied: “That is a question mark.” Ma completed his questioning on Friday. The trial will continue on Monday (20th), with questioning by the defence continuing.
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（17 日）展開第 27 天審訊。代表陳志全的大狀馬維騉盤問期間引用戴耀廷提出的「攬炒十步」時，區諾軒供稱不想此事在香港發生，形容「呢個真係狂想，所以係 fantasy，佢（戴）可能…係囉…final fantasy 囉」。
區又主動修訂，他日前在辯方盤問下就新東協議寫上「會運用」否決權一事，稱「感覺被戴騎劫」的供詞，稱「我覺得我唔應該用『騎劫』呢個字眼去定性呢件事，始終唔想再用呢類詞語，結果又傷害戴耀廷。」不過庭上區再指自己從沒收到部分文件，形容自己「蒙在鼓裡」。
另法官問及，區、趙家賢及戴等組織者相繼宣布退出初選工作後，誰指示「香港民意研究所」進行立法會選舉前的民調，區答稱「呢個係一個問號嚟嘅。」馬維騉周五完成盤問，案件下周一（20 日）續審，續由辯方盤問。
Translations are supplied by the source workbook. Consult the original reporting for context.
