28 Jul 2025法庭線#7100
47人案｜第三批被告出獄 劉澤鋒穿長袖衫、馮達浚直入大廈 吳敏兒據悉已回家
The third batch of three defendants in the 47 Defendants Case—Ng Man-yee, Fung Tat Chun Frankie and Nathan Lau Chak Fung—were released from prison on Monday (28th). They were driven away in the early morning. All six vehicles had their curtains drawn. The police presence outside the prison was similar to before, while officers were likewise stationed near the defendants’ homes.
The media captured footage of Nathan Lau Chak Fung and Fung Tat Chun Frankie returning home. Lau got out by the roadside outside his residential building and walked to the entrance carrying a “包頭”. He was wearing a long-sleeved shirt and long trousers, and told reporters, “Thank you very much. Bye bye.” Fung got out inside the gates of his housing estate and went straight into the building. When reporters shouted through the gates asking how he felt, Fung did not respond. Ng Man-yee was also reportedly released and returned home.
47 人案第三批 3 名被告吳敏兒、馮達浚、劉澤鋒周一（28 日）出獄。他們清晨由車接載離開，6 輛車全部拉上窗簾，監獄外的警力與之前相若，而被告住所附近同樣有警員戒備。
傳媒拍到劉澤鋒、馮達浚回家的畫面。劉在住所大廈外的路邊下車，拿着「包頭」步行回大門廈，他穿長袖衫及長褲，向記者稱「唔該晒，Bye bye。」馮則在屋苑大閘內下車，直接進入大廈，記者隔閘大聲問他感受，馮未有回應。據悉吳敏兒亦已出獄，回到家中。
28 Jul 2025法庭線#7102
47人案｜吳敏兒、馮達浚、劉澤鋒出獄 案情求情回顧 料年內尚有2人出獄
In the pan-democrat primary election case involving 47 people, 45 were convicted of “conspiracy to subvert” and sentenced to imprisonment. Ng Man-yee, Fung Tat Chun Frankie and Nathan Lau Chak Fung, who pleaded guilty and were sentenced to four years and five months in prison, were released from Lo Wu and Stanley prisons respectively on Monday (28th).
民主派初選 47 人案，共 45 人「串謀顛覆」罪成被判監。選擇認罪、被判囚 4 年 5 個月的吳敏兒、馮達浚、劉澤鋒，周一（28 日）分別從羅湖及赤柱監獄獲釋。
案件圍繞 2020 年舉行的民主派初選，吳敏兒參選新西，馮達浚及劉澤鋒參選九西，3 人均告落敗。控方引用他們在初選論壇等表述，指控他們支持顛覆謀劃。
吳敏兒為前職工盟主席，求情指至被捕才知違國安，未來會脫離政治。馮達浚為本土抗爭派，曾創辦網媒「加山傳播」，他在求情信向泛民真誠道歉。劉澤鋒為樹仁大學學生會前會長、「學聯抗爭者基金」前主席，案情指他是本土抗爭派，求情時稱誤信初選合法。
預料今年尚有 2 名被告袁嘉蔚及徐子見將出獄，預計出獄時間見內文圖。
26 Jul 2025法庭線#7099
47人案上訴口頭陳詞整合 被告方及律政司爭議裁決結果、刑罰過重理據為何？
In the democratic primary election case, the Court of Appeal heard, over four consecutive days in mid-July, appeals by 12 convicted defendants against their convictions and/or sentences, as well as the Department of Justice’s appeal against the acquittal of Lawrence Wai Chung Lau. The judges said they would hand down their judgment within nine months, no later than mid-April 2026.
The Witness has summarised in bullet points the oral submissions concerning each defendant’s case, to make it easier for readers to understand the grounds on which the appellants argued that the trial judges had erred in their judgments, as well as the respondents’ replies. Some issues relied on written submissions and were not read out in court, and are therefore not covered.
In addition to the circumstances of the individual cases, the defendants and the Department of Justice also made submissions on legal disputes, including how “unlawful means” in the provisions on the offence of subversion should be interpreted, and the circumstances in which the court should intervene in the exercise of powers by the legislature. See the reports on the first and second days of the hearing for details.
民主派初選案，上訴庭 7 月中一連四天處理罪成的 12 人就定罪及或刑罰提出上訴，以及律政司就劉偉聰無罪裁決提上訴的聆訊，法官指將在 9 個月內，即不遲於 2026 年 4 月中頒布判決。
《法庭線》以列點形式整理各被告案情相關的口頭陳詞，讓讀者容易理解上訴方指出原審法官判決錯誤的理據，以及答辯方的回應。部分議題因依賴書面陳詞，庭上未有讀出，故未有涵蓋。
除了個人案情，被告方與律政司亦分別就法律爭議陳詞，例如提出「顛覆罪」條文的「非法手段」應如何詮釋，以及法庭應在何種情況下才介入立法機關行使權力的事宜等，詳見聆訊第一日、第二日的報道。
25 Jul 2025法庭線#7098
國安處懸紅通緝袁弓夷、姜嘉偉等19人 涉籌組及參選「香港議會」
The Police National Security Department announced on Friday (25th) that bounties had been placed on 19 people overseas. They were respectively accused of organising an organisation called “Hong Kong Parliament” and running in its elections, in alleged violation of the offence of subversion of state power under the National Security Law. In addition to Yuen Gong-yi, Victor Leung Mau Ho, Johnny Ka Chi Fok and Tony Ming Da Choi, who had previously been wanted with HK$1 million bounties over alleged national security offences, the remaining 15 people were wanted with bounties of HK$200,000, including Chin Po Fun, former vice-chairperson of People Power.
Those wanted also included Keung Ka Wai, leader of the Hong Kong Democratic Independence Union, as well as four current and former party members. The National Security Department had earlier charged three people alleged to be members of the union with conspiracy to secede, including a 15-year-old student. The case will return to court for mention next month.
警方國安處周五（25 日）公布懸紅通緝 19 名境外人士，他們分別被指籌組名為「香港議會」的組織及參選「香港議會」，涉違反《國安法》下的「顛覆國家政權罪」。除了早前已因涉嫌干犯危害國家安全罪行，被懸紅 100 萬元通緝的袁弓夷、何良懋、霍嘉誌、蔡明達，其餘 15 人被懸紅 20 萬元通緝，包括人民力量前副主席錢寶芬。
被通緝者亦包括「香港民主建國聯盟」黨魁姜嘉偉、4 名黨員及前黨員。國安處早前落案起訴 3 名被指為聯盟成員人士，涉違反「串謀分裂國家」罪，包括一名 15 歲學生， 案件將於下月再訊。
17 Jul 2025法庭線#7054
47人案上訴｜被告方爭議刑罰分級、量刑起點過高、總刑期毀滅性 官9個月內頒判詞
The fourth day of the appeal hearing in the democrats’ primary election case began on Thursday (the 17th), with both sides completing their submissions on the sentencing appeals. Chief High Court Judge Poon Siu-chu said the judgment would be handed down within nine months. Chan Tsz-kit, who was released from prison earlier, attended the hearing. At the end of the hearing, Leung Kwok-hung and Lam Cheuk-ting waved to those in the public gallery, while Yeung Suet-ying smiled broadly.
The defence challenged the sentencing tiers and the starting points, which it said were too high, arguing that Leung Kwok-hung, Lam Cheuk-ting and Wong Pik-wan should not have been classified as “active participants”. In particular, counsel Erik Ignatius Sze Man Shum argued forcefully that Lam and Wong had not publicly supported the plotting and had “remained almost silent”. The seven-year starting points imposed on them effectively treated their roles as equivalent to those of more radical defendants in the same case, which was an error by the trial court.
The defence also challenged the mitigating factors, arguing that Chan Chi-chuen and Ho Kai-ming, who had held public office for many years, should have received greater reductions. Cheng Tat-hung’s side said his starting point should differ from that of fellow Civic Party member Jeremy Tam Man-ho. Chow Ka-shing and Prince Wong Ji-yuet were also involved in a separate riot case; their counsel said that the trial court’s ordering of the sentences to be served consecutively was a heavy blow and devastating for the two men.
民主派初選案周四（17 日）展開第四日上訴聆訊，雙方完成刑罰上訴陳詞。高院首席法官潘兆初稱將在 9 個月內頒下判決。早前出獄的岑子杰到庭旁聽；散庭時，梁國雄、林卓廷向旁聽揮手，楊雪盈則露齒笑。
被告方爭議刑罰分級、量刑起點過高，指梁國雄、林卓廷、黃碧雲不應被裁定為「積極參加者」，其中，大狀沈士文力陳，林、黃沒有公開支持謀劃、「幾乎保持沉默」，兩人面對的 7 年量刑起點，有如指他們的角色等同同案更激進的被告，原審實屬錯誤。
被告方又爭議減刑因素，如陳志全、何啟明任公職多年，應獲更多減刑；鄭達鴻一方指，其量刑起點應與同屬公民黨的譚文豪有別；鄒家成、黃子悅另涉暴動案，代表大狀指原審分期執行判刑，對兩人是沉重打擊、毀滅性。
16 Jul 2025法庭線#7051
47人案上訴｜鄒家成、余慧明指原審過度干預 黃碧雲、林卓廷指錯誤套用胡志偉言論
The third day of the appeal hearing in the democratic primary case began on Wednesday (the 16th), with the defence completing its submissions on the appeals against conviction. The legal teams for Helena Wong and Lam Cheuk-ting said the trial court had wrongly relied on remarks made by then Democratic Party chairman Wu Chi-wai at a Kowloon East forum to rule that Wong and Lam knew of the party’s position on vetoing and agreed to participate in planning. They also said there was no evidence that the Democratic Party had a unified position on vetoing.
Counsel for Owen Chow and Yu Wai-ming respectively cited examples to argue that trial judge Andrew Hing Wai Chan had intervened excessively while the two gave evidence. These included publicly commenting that Chow’s testimony “had no logic” and preventing defence counsel and another judge, Chan Chung-hang, from asking Yu questions, leaving her unable to explain her views on the “five demands”. Their representatives said the defendants had the right to a fair trial.
Ho Kwai-lam’s legal team said Legislative Council members had a duty to convey public opinion to the government and had also been given a mandate by the public. It asked rhetorically how a lawmaker’s conveying citizens’ legitimate demands could constitute subversion of state power. The Department of Justice made oral rebuttals to the submissions of the four defendants’ legal teams. The case will continue on Thursday, when the defence will continue making submissions on the appeals against sentence.
民主派初選案周三（16 日）展開第三日上訴聆訊，被告方已完成定罪上訴的陳詞。黃碧雲、林卓廷一方指，原審錯誤引用民主黨時任主席胡志偉在九東論壇的發言，裁斷黃碧雲、林卓廷對黨的否決立場知情，同意參與謀劃，又指沒證據顯示民主黨對否決有一致立場。
鄒家成、余慧明的代表大狀分別舉例指出，原審法官陳慶偉在兩人作供時過度干預，包括公開評論鄒的供詞「沒有邏輯」，亦阻止辯方大狀及另一法官陳仲衡擬對余提問，令她無法解釋對「五大訴求」看法。兩人代表指，被告有權獲得公平審訊。
何桂藍一方則稱，立會議員有責任向政府反映民意，亦獲民意授權，反問議員反映市民的正當訴求，何以構成顛覆政權？律政司一方則就 4 名被告方的陳詞，作口頭反駁。案件周四續，由被告方續就刑罰上訴陳詞。
15 Jul 2025法庭線#7046
47人案上訴｜王百羽、陳寶瑩到庭 警方劃採訪區、稱不方便讓記者「行嚟行去」
In the pro-democracy primary election 47-person case, 13 convicted defendants have appealed against their convictions and sentences; the Department of Justice has also appealed against the acquittal of Lawrence Wai Chung Lau. The appeal hearing continued at the West Kowloon Magistrates’ Courts on Tuesday morning (15th). At 7:30am, about 50 people were already outside the court queueing for public gallery seats.
One spectator said they had previously volunteered for the League of Social Democrats and helped Lam Cheuk-ting’s election campaign, and hoped to show their support. Another spectator said they had voted in the primary, adding that if the defendants’ participation in the election was illegal, “we would also be accomplices, having authorised them to stand for election.” When reporters interviewed people in the queue, police required them to conduct the interviews in a media area marked off with orange tape and metal barriers. Reporters who subsequently entered the queue were also taken aside by police for a search of their belongings.
民主派初選 47 人案，13 名罪成被告提出定罪及刑罰上訴；在原審獲裁定無罪的劉偉聰，律政司亦提出上訴。上訴聆訊周二（15 日）早上在西九龍裁判法院續審，早上 7 時半，法院外已有約 50 人，排隊輪候公眾席。
有旁聽市民指自己曾為社民連義工，亦曾為林卓廷助選，希望可表達支持。亦有旁聽者直言自己有在初選投票，認為若被告參選違法，「我哋都係共犯、有份授權佢哋選。」記者採訪排隊人士時，被警員要求在警方以橙帶、鐵馬劃分的記者區，才可進行訪問。之後記者進入輪候隊伍，亦被警方帶到一旁搜查隨身物品。
15 Jul 2025法庭線#7047
47人案上訴｜律政司：顛覆罪若僅限武力違立法目的 被告方開始就個人案情陳詞
The appeal hearing in the pro-democracy primary election case entered its second day on Tuesday (15th), with the Department of Justice responding to the defendants’ joint submissions and saying they were based on a “wrong premise”. The prosecution was not merely alleging that the defendants had failed to consider the contents of the budget, but that the entire process—from gaining control of a majority in the Legislative Council to bringing about the Chief Executive’s resignation—constituted an abuse of power. It also said the defendants’ arguments and examples were absurd.
On the defendants’ argument that “unlawful means” in the offence of subversion should, under an analogous common-law principle, be limited to conduct related to the use of force and criminal acts, Deputy Director of Public Prosecutions Tianxing Zhou said the principle could not be applied. Tianxing Zhou also said the trial court’s ruling was correct, while the defendants’ interpretation was absurd, illogical and contrary to the legislative intent of the National Security Law. The hearing continued in the afternoon.
民主派初選案周二（15 日）展開第二日上訴聆訊，律政司一方回應被告方的聯合陳詞，指是「立足錯誤」，因控方不只是指控被告沒審議預算案的內容，而是由取得立法會大多數控制權至導致特首下台，整個過程才構成濫權，又指被告方的說法及舉例是荒謬。
對於被告方爭議，顛覆罪條文中的「非法手段」，在普通法的同類原則下應限於與使用武力相關及刑事行為。副刑事檢控專員周天行指，不能應用該原則，又指原審裁決正確，而被告方的詮釋是荒謬、不合邏輯、有違《國安法》立法目的。案件下午續審。
14 Jul 2025法庭線#7036
47人案上訴｜被告方指原審裁決錯誤：議員否決非濫權 政治應由公眾而非法官決定
The first day of the appeal hearing in the pro-democracy primary election case began on Monday (14th), with Michael Cheuk Kei Pang confirming its withdrawal from the appeal. Regarding the acquittal of Lawrence Wai Chung Lau, the Department of Justice said the trial court had placed excessive weight on Liu’s failure to endorse “No Regrets Once the Ink Is Cast”. In his own defence, Liu reiterated that he had never advocated “five demands, not one less”, called for the Chief Executive to step down, or sought the indiscriminate rejection of budget bills.
Counsel for the defendants also began making submissions, pointing to multiple errors in the trial judgment. On the phrase “unlawful means” in the offence of subversion, the defence said that the National Security Law was intended for Hong Kong citizens and ordinary people, and that “unlawful” should be limited to criminal conduct. They asked: “If ordinary people cannot understand what the provision means, how can that person regulate their own conduct?”
The defence also disputed the trial court’s finding that rejecting budget bills constituted an abuse of power, saying that legislators’ powers were conferred by voters: “They exercise their powers according to their own wishes; this is not an abuse of power.” They further argued that the judiciary should not interfere with the Legislative Council’s operation or the exercise of its powers: “Politics should remain on the political stage and be decided by the public, not judges.”
民主派初選案周一（14 日）展開首日上訴聆訊，彭卓棋確認退出上訴。就劉偉聰獲裁無罪，律政司指原審過度考慮劉沒贊同〈墨落無悔〉一事。劉自辯時重申，不曾提倡「五大訴求，缺一不可」、要求特首下台，或者無差別否決預算案。
被告方各大狀亦開始陳詞，指出原審裁決多處錯誤。就顛覆罪條文的「非法手段」，被告方指《國安法》是為香港市民、普通人而設，當中「非法」應限於刑事行為，反問若一般人無法理解條文意思，「這個人又如何能夠規範自己的行為呢？」
被告方亦爭議，原審裁斷否決預算案是濫權屬錯誤，指立法會議員的權力是由選民賦予，「他們按照自己的意願行使權力，這並非濫權」；又力陳司法不應該干預立法會的運作和權力行使，「政治應留在政治舞台，由公眾決定，而非法官」。
11 Jul 2025法庭線#7031
涉參與台灣成立的「港獨」組織 15歲男生及另兩人被控串謀分裂國家 還押8.28再訊
The National Security Department of the police recently arrested four men, alleging that they were members of the Hong Kong Democratic Nation-Building Alliance and had taken part in establishing in Taiwan an organisation aimed at promoting Hong Kong independence. Three of them, including a 15-year-old male student, were charged with one count of conspiracy to secede under the national security law. The case came before the West Kowloon Magistrates’ Courts for the first time on Friday (11th). The other arrested man was released on police bail pending investigation.
警方國安處日前拘捕 4 名男子，指他們為「香港民主建國聯盟」成員，參與在台灣成立旨在推動「港獨」的組織。其中 3 人被控一項國安法下的「串謀分裂國家」罪，包括一名 15 歲男學生。案件周五（11 日）於西九龍裁判法院首次提堂，涉案另一名被捕男子，則獲警方暫准保釋候查。
3 名被告暫毋須答辯，控方申請押後案件，待警方調查被告的電子裝置，是否有其他涉案資料。15 歲男生申請保釋遭拒，須還押屯門兒童及青少年院。另外兩名男子則沒保釋申請，還押至 8 月 28 日再訊。
辯方一度為 15 歲男生保留 8 日保釋覆核權利，惟控方提醒裁判官，在《維護國家安全條例》下，涉及國安案件不可每 8 天申保釋覆核。
Translations are supplied by the source workbook. Consult the original reporting for context.
