11 Jul 2024法庭線#3805
47人案求情．九西超區衞服｜余慧明指刑期外或面紀律聆訊 岑子杰獲區諾軒撰信
In the case involving 47 pro-democracy figures charged with “conspiracy to subvert state power”, nine people who stood in Kowloon West, the Super District Council and Health Services constituencies were involved. Six completed their mitigation submissions yesterday, while the remaining three—Wong Pak-yu, Sham Tsz-kit and Yu Wai-ming—also completed theirs on Thursday (11 July). The case was adjourned to 30 July, when mitigation submissions for eight people from New Territories West will be heard; the process is expected to take three days. The key points of the submissions are set out in the table in the article.
During Yu Wai-ming’s submissions, it was said that she worked as an intensive care unit nurse and entered politics after the COVID-19 outbreak in 2019, because those in power ignored healthcare workers’ concerns, leading her to stand for election to the Legislative Council to have a voice. After serving her sentence in this case, Yu may also have to face a disciplinary hearing by the Nursing Council. The court also read out a mitigation letter written by Yu herself (see separate report), but the judge interrupted, saying it constituted political rhetoric.
Sham Tsz-kit’s side said that prosecution witness Au Nok-hin had written him a mitigation letter. It said Sham was the person who, at Kowloon West coordination meetings, mainly opposed proposals to indiscriminately veto the budget, and had played a “decisive role” in the constituency not reaching a consensus on the veto.
47 名民主派被控「串謀顛覆國家政權」罪一案，參選九西、超區及衞服 9 人，當中 6 人昨完成求情陳詞，餘下的王百羽、岑子杰和余慧明於周四（11 日）亦完成（陳詞重點見內文表）。案件押後至 7 月 30 日再續，屆時將處理新西 8 人的求情，料需時 3 天。
余慧明一方陳詞時，提到她任職深切治療部護士，參政因 2019 年爆發新冠疫情，因當權者無視醫護關注，遂參選立會爭話語權；而在本案的刑期後，余或要接受護士管理局的紀律聆訊。庭上亦讀出余親撰的求情信（見另稿），不過期間法官打斷指是政治論述。
岑子杰一方提及，控方證人區諾軒為他撰寫求情信，指岑是在九龍西協調會議上，主要反對無差別否決預算案主張的人，對該區沒就否決達成共識「起了決定性作用」。
11 Jul 2024法庭線#3808
47人案求情信｜余慧明：仍認為通過投票改變秩序沒不對 也許唯一錯誤是我太愛香港
In the case involving 47 democrats charged with conspiracy to subvert state power, defendants who took part in the Kowloon West primary election and functional constituencies continued mitigation submissions on Thursday (11th). Counsel for Yu Wai-ming, Randy Shu Ming Shek, read out a mitigation letter she had written herself in court.
In the letter, Yu said that, because the government had failed to take timely measures to prevent the outbreak of COVID-19, she had hoped to enter the political system and stand for election to the Legislative Council in order to increase her bargaining power with the government. “But I was accused of subverting state power. This is unheard of in other democratic countries.”
She said the court’s judgment “described the five demands as a castle in the air, but one of the demands was to achieve the universal suffrage promised by the Basic Law”. She asked: if the government believed that implementing “Article 23” was its constitutional responsibility, “then is achieving universal suffrage not [a constitutional responsibility]?”
She continued to say that she still believed there was “nothing wrong” with changing the existing order through voting in the Legislative Council, adding, “Perhaps the only mistake I made was that I loved Hong Kong too much.” Judge Andrew Hing Wai Chan interrupted Randy Shu Ming Shek at that point, saying that this was not a mitigation letter but a political argument.
47 名民主派被控「串謀顛覆國家政權」罪一案，參與九西初選及功能界別的被告周四（11 日）續求情，余慧明的代表大狀石書銘，庭上讀出她親自撰寫的求情信。
余在信中表示，由於政府未能及時採取措施預防新冠疫情爆發，因此希望進入政治體制、參選立法會，增加對政府議價的能力，「但被指控為顛覆國家政權，這在其他民主國家中聞所未聞」。
她指，法庭的裁決「指五大訴求是空中樓閣，但其中的一項訴求，是實現《基本法》所承諾的雙普選」，反問若政府認為落實「23 條」是它的憲制責任，「那麼實現雙普選難道就不是？」
她續指，至今仍認為，通過在立法會投票以改變現有秩序「並沒有甚麼不對」，又稱「也許我犯下的唯一錯誤，就是我太愛香港」。法官陳慶偉此時打斷石書銘，指這並非求情信，而是政治論述。
10 Jul 2024法庭線#3803
47人案求情．九西超區衞服｜數人親撰信 謝家人不棄、望與伴廝守、為狂妄致歉
Nine defendants who stood in Kowloon West, the super-district and the Health Services constituency in the case involving 47 democrats charged with conspiracy to subvert state power made mitigation submissions on Wednesday (the 10th). Counsel for Mo Man-ching, Ho Kai-ming, Fung Tat Chun Frankie, Wong Pik-wan, Nathan Lau Chak Fung and Shum Ngau-hoi completed their submissions. Wong Pak-yu, Cheng Tsz-kit and Winnie Yu will continue on Thursday.
Mo’s counsel said she was not an organiser, while the judge questioned whether Benny Tai had consulted her about the legality of the primary. Ho’s counsel said he had continued following up on the demolition of Bishop Hill after his arrest, and that he planned to serve in the church in future and would not enter politics. Former senior government official Anthony Cheung wrote a mitigation letter for Wong Pik-wan, describing her as a victim of “confrontational politics”. Lau’s counsel said he planned to pursue further studies in services including counselling and sports therapy for elderly people.
In court, counsel quoted self-written mitigation letters from four defendants. Mo said she hoped to spend her “remaining time” with her husband. Fung apologised for making arrogant remarks during an election forum against candidates from the pan-democratic camp. Wong thanked his family for never abandoning him and said he hoped to “return home and embrace my family soon”; he wiped away tears with a tissue during the hearing. Cheng mentioned that the principles behind some of his political participation “were not as glamorous as they appeared on the surface”, and said his love for his wife had not diminished and he hoped to stay with her after being released.
47 名民主派被控「串謀顛覆國家政權」罪一案，參選九西、超區及衞服 9 人周三（10日）求情。毛孟靜、何啟明、馮達浚、黃碧雲、劉澤鋒、岑敖暉的代表大狀完成陳詞，餘下王百羽、岑子杰、余慧明周四續。
毛一方指並非組織者，官質疑戴耀廷曾就初選合法性諮詢她。何一方指他被捕後仍跟進主教山被拆一事，未來擬教會事奉，不會從政。前高官張炳良為黃碧雲撰求情信，形容為「對抗性政治」受害者。劉一方則指，未來擬進修輔導及運動治療等服務長者。
庭上有 4 人由代表大狀引述親撰的求情信，毛指盼可與丈夫共度「餘下時間」；馮為自己曾在選舉論壇上，對泛民主派參選人口出狂言而致歉。王感激家人對他不離不棄，望「早日回家擁抱家人」，期間王以紙巾拭淚。岑則提及其一些政治參與的理念「並不是表面上那麼光采」；又指對妻愛意未減、盼出獄廝守。
8 Jul 2024法庭線#3792
47人案求情．九東｜胡志偉獲前高官撰信 譚得志引另案望減刑 施德來指社工夢碎
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, six stood in the Kowloon East constituency. Wong Chi-fung, Lam Chun-ho and Lee Ka-tat completed their submissions last Friday (see separate report). The remaining three—Lam Tak-chi, Wu Chi-wai and Sze Tak-lai—also completed their submissions on Monday (the 8th). The case was adjourned until Wednesday, when the court will handle mitigation submissions from nine convicted defendants from Kowloon West, the super district council constituency and the Health Services sector.
Wu Chi-wai’s side said he was an “active participant” who did not organise the alleged plot, but merely acted in concert and participated. Former Secretary for Transport and Housing Anthony Cheung Bing-leung, former Under Secretary for Transport and Housing Shing Mu Yau and former Secretary for Labour and Welfare Law Chi-kwong each wrote a mitigation letter, describing Wu as mild-mannered and practical and saying that he would prioritise the well-being of the public and society.
Lam Tak-chi’s side said he was also an “active participant” who did not organise or plan. The defence said Lam was reading The Confessions and had shown remorse. Judge Chan Chung-hang jokingly said that he too needed to “repent”, noting that he had tried to finish reading it but had not succeeded. Judge Lee Yuen-tung said the same applied to him, saying he had read only the first chapter. Sze Tak-lai’s side said that, following the passage of amendments to the Social Workers Registration Ordinance last week, people who commit national security offences are barred from working as social workers, adding that Sze’s hope of becoming a social worker and serving the public had disappeared.
47 名民主派被控「串謀顛覆國家政權」罪一案，參選九東區 6 人，黃之鋒、譚文豪、李嘉達上周五完成陳詞（見另稿），餘下 3 人譚得志、胡志偉、施德來，亦在周一（8 日）完成陳詞，押後至周三再開庭，將處理九西、超區及衞服界 9 名罪成被告的求情。
胡志偉一方指，胡屬於「積極參與」者，沒組織涉案謀劃，只是「和應」和參與，並獲前運房局長張炳良、前運房局副局長邱誠武及前勞福局長羅致光 3 人撰寫求情信，指胡溫和、實際，會以大眾和社會的福祉為優先。
譚得志一方則指，譚屬「積極參與」者，同樣沒組織、策劃。辯方說，譚正閱讀《懺悔錄》，並有悔意。法官陳仲衡打趣笑說，他都要「懺悔」，指曾經嘗試讀完但不成功；法官李運騰稱他都是，指自己只讀過首個章節。另施德來一方稱，社工註冊條例修訂上周通過後， 禁止干犯國安罪行者任職社工，指施想成為社工服務大眾的希望已消逝。
5 Jul 2024法庭線#3778
47人案求情．九東｜官關注黃之鋒沒寫求情信 譚文豪望早日與家人團聚
Mitigation submissions began on Friday (the 5th) for six of the 47 pro-democracy defendants charged with conspiracy to subvert state power, in the Kowloon East group. In Joshua Wong’s mitigation submissions, his counsel said that he was an “active participant” in the case and accepted that Wong had sought help from foreign countries, while reiterating that the case was related to Hong Kong. The judge noted that Wong had not written a mitigation letter. Wong’s senior counsel said this was his personal choice, but told the court that Wong had instructed that he would put the past behind him after serving his sentence.
In submissions on behalf of Au Nok-hin, counsel said Au was still a Legislative Council member from June to July 2020 and had coordinated legislators’ votes to ensure funding was passed as soon as possible and facilitate people’s livelihoods. This indicated that Au had not indiscriminately vetoed motions, but the judge questioned the point. Counsel also said Au hoped to reunite with his family soon and had pleaded guilty at an early stage and voluntarily given a statement to police, demonstrating his remorse. The case continues in the afternoon.
47 名民主派被控「串謀顛覆國家政權」罪一案，周五（5 日）開始九東 6 人求情陳詞。黃之鋒一方求情時指，他於本案中為「積極參與者」，另同意案黃曾向外國求助，但重申本案與本地相關。官關注黃沒撰求情信，黃的大狀指是其個人選擇，但獲指示指會在服刑後放下過去。
譚文豪一方陳詞時稱，譚在 2020 年 6 至 7 月仍就任立法會議員，為撥款盡早通過、便利民生，遂協調議員投票，可見譚沒有無差別否決，但被官質疑。另指譚望早日與家人團聚，亦及早認罪，自願向警方錄口供，足見其悔意。案件下午續。
5 Jul 2024法庭線#3779
47人案求情．九東｜昔日戰友排隊旁聽 指胡志偉堅強「視入獄為鍛煉」
The 47 democrats charged with conspiracy to subvert state power included six participants in the Kowloon East primary—Joshua Wong, Jeremy Tam, Lee Ka-tat, Tam Tak-chi and Wu Chi-wai, who pleaded guilty, and Shih Tak-lai, who was convicted after trial. Their mitigation hearing began on Friday (the 5th) at the West Kowloon Magistrates’ Courts and is expected to take two days.
Some people queued outside the court from the early hours. Mr Chan, 65, said he had begun following Joshua Wong during the 2012 anti-national education campaign, describing him as “a really impressive young man” and hoping to see him in the courtroom. A friend of Jeremy Tam said he had not seen Tam for three years, adding: “He’s my role model. When I encounter setbacks in life, I think that people inside are holding on too, so you and I hold on together.”
The defendants’ former colleagues also attended. Former Kwun Tong District Council chairman Chak Hung Choy said the defendants might feel disappointed at losing the one-third sentence reduction because of “Article 23”, but that they “wouldn’t complain or whine. They’ve experienced a lot over these years, and I think the biggest experience for them is the unforeseeable.” Former district councillor Mau Ching Cheung described Wu Chi-wai as very strong, saying he “seems to regard that period inside as a training [exercise].”
47 名民主派被控「串謀顛覆國家政權」罪，參與九東初選 6 人，包括認罪的黃之鋒、譚文豪、李嘉達、譚得志、胡志偉，以及經審訊被裁定罪成的施德來，周五（5 日）在西九龍裁判法院展開首日求情，料需時 2 天。
有人凌晨已到庭外排隊，65 歲的陳先生指，2012 年「反國教行動」時開始留意黃之鋒，形容「呢個小朋友真係好犀利」，盼入正庭見他一面。譚文豪友人則指，3 年來沒見過譚，「佢係我個 role model 嚟，我會喺生活遇到挫折嘅時候，就會諗人哋喺入面都頂住，你同我頂住呀咁樣」。
被告昔日同事亦有到場，前觀塘區議會主席蔡澤鴻表示，被告或因「23 條」失去三分一減刑感失落，但他們「唔會喊苦喊忽，人生呢幾年都經歷咗好多嘢，咁我諗佢哋最大嘅經歷就係不可預期」。前區議員張茂清則形容，胡志偉十分堅強，「佢好似視入去嗰段時間係一個 training（鍛煉）」。
4 Jul 2024法庭線#3776
47人案｜九東區6人周五將求情 黃之鋒提反制中共 胡志偉被指對謀劃作承諾
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, six defendants in the third group to be convicted, who ran in the East Kowloon primary election, will make mitigation submissions on Friday (the 5th). The process is expected to take two days. The Witness reviewed the judgments setting out the reasons for the verdicts, evidence given in court and the agreed facts, and compiled the alleged culpability and roles of the defendants.
According to the case facts, all six defendants attached a “joint manifesto” when submitting their primary-election forms. It referred to “actively using the powers conferred on the Legislative Council by the Basic Law, including vetoing the budget”. Wu Chi-wai was the only one who did not sign “No Regrets After Casting the Ballot”, but the case facts said that in an interview he stated that the Democratic Party would be bound by consensus, which constituted “a commitment to the plot”.
Joshua Wong had published an article referring to linking the electoral front with the international front to counter the Chinese Communist Party. Jeremy Tam had publicly said that if the Chief Executive did not respond to the “five demands”, the Civic Party would “veto all bills and all funding”. Tam Tak-chi had said that vetoing the budget twice would “paralyse the government”. Lee Ka-wai had brought the protests into the Legislative Council.
Sze Tak-loy, who was convicted after trial, had publicly pledged to veto the budget twice. The judge said that he had departed from the Association for Democracy and People's Livelihood's past values.
47 名民主派被控「串謀顛覆國家政權」罪一案，第三批罪成被告、初選時參選九東區的 6 人，將於周五（5 日）處理求情，料需時 2 天。《法庭線》翻查裁決理據判詞、庭上證供及承認案情，整理他們被指控的罪責與角色。
據案情，6 名被告提交初選表格時，均附上「共同綱領」，提及「會積極運用基本法賦予立法會的權力，包括否決財政預算案」；而只有胡志偉沒有簽署〈墨落無悔〉，但案情指他受訪時指民主黨會受共識約束，是「對謀劃作出承諾」。
黃之鋒曾發文章，提及連結選舉戰線和國際戰線反制中共；譚文豪曾公開稱若特首不回應「五大訴求」，公民黨將「否決晒所有法案、所有嘅撥款」。譚得志曾稱兩次否決預算案，「癱瘓個政府」。李嘉達則曾將抗爭帶入立法會。
至於經審訊被裁定罪成的施德來，曾公開承諾兩度否決預算案，法官指他脫離民協過往的價值。
3 Jul 2024法庭線#3768
47人案求情．港島｜數十人排隊旁聽 梁晃維友：想放棄時會諗起佢
Of the 47 pro-democracy figures charged with conspiracy to subvert state power, five of the six people who stood in the Hong Kong Island constituency in the primary—Yuen Ka-wai, Leung Wong-wai, Tsui Tsz-kin, Cheng Tat-hung and Yeung Suet-ying—have completed their mitigation submissions. On Wednesday (the 3rd), the Michael Cheuk Kei Pang side will make submissions. The queue to attend the hearing was shorter this morning than yesterday, and some people used their time in the queue to write letters.
A friend of Leung Wong-wai said that although he knew Leung had completed his mitigation submissions, he still wanted to “try his luck” and catch a glimpse of him in court. He became choked up at one point and said, “What he says really moves me. I think that even in such a difficult environment, he still wants to encourage Hong Kong people.”
He also said, “Maybe over the past few years, many people around us have gradually withdrawn and become very unconcerned about current affairs.” When he himself wanted to give up, he said, “I think of him… and then I can’t let myself sink, and I’m really so proud of him.”
47 名民主派被控「串謀顛覆國家政權」罪，初選時參選港島區的 6 人，袁嘉蔚、梁晃維、徐子見、鄭達鴻及楊雪盈完成求情陳詞，周三（3 日）將由彭卓棋一方陳詞。早上旁聽人龍較昨日減少，有人用排隊時間寫信。
有梁晃維的朋友稱，雖然得知他已完成求情，但仍想「搏一搏」在法庭內望見他，更一度哽咽稱，「佢講嘅嘢真係好打動到我，我覺得佢喺咁困難嘅環境，都會想鼓勵香港人」。
他又稱，「可能呢幾年身邊有好多人一路抽離，變到好唔理時事」，而自己想放棄的時候，「我會諗起佢…然後我唔可以耷落去啦，同埋真係好 proud of 佢」。
3 Jul 2024法庭線#3771
47人案求情．港島｜全部6人完成陳詞 官質疑彭卓棋愛國形象是另一次投機
In the case of 47 pan-democrats charged with conspiracy to subvert state power, the six second-batch convicted defendants who stood in the Hong Kong Island primary election completed their mitigation submissions on Wednesday (the 3rd), after submissions by Michael Cheuk Kei Pang’s side. The case was adjourned until Friday, when mitigation submissions will be heard from the third batch of six convicted defendants who participated in the Kowloon East primary election.
In submissions for Michael Cheuk Kei Pang, it was said that Pang had taken every measure after the National Security Law came into force, including taking down his election manifesto, and had also been employed by the Hong Kong Basic Law Foundation’s Basic Law Student Centre.
However, the judge questioned the consistency of Pang’s character, noting that he had distributed torn-up election leaflets and posed for photographs making protest gestures, and that his language had been radical, but that he had immediately worked at the Basic Law Student Centre after his arrest. The judge also questioned whether Pang’s patriotic image was another act of opportunism.
47 名民主派被控「串謀顛覆國家政權」罪一案，周三（3 日）完成彭卓棋一方陳詞後，第二批罪成被告、初選時參選港島區的 6 人均完成求情。案件押後至周五續，將處理第三批罪成被告、參與九東初選 6 人的求情。
彭卓棋一方求情時稱，彭在《國安法》後有做盡措施，並將政綱下架，亦受僱於「香港基本法基金會基本法學生中心」。
惟法官質疑，彭有派發撕碎的選舉單張、擺出抗爭的手勢合照，而他言詞激進，但在被捕後隨即於 「基本法學生中心」工作，稱法庭看不到其性格是一致；亦質疑彭的愛國形象是否另一次投機。
2 Jul 2024法庭線#3764
47人案求情．港島｜5人完成陳詞 袁嘉蔚獄中成婚 梁晃維自感與香港命運緊扣
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, six of the second-batch convicted defendants who stood in the Hong Kong Island primary election began mitigation submissions on Tuesday (the 2nd), in proceedings expected to last two days. Tiffany Yuen, Leung Kwong-wai, Cheng Tat-hung, Sze Tak-yin and Yeung Suet-ying completed their submissions. Yuen’s side disclosed that she had recently married in prison and wished to spend time with her husband and build a family.
Leung’s side said he was one of the initiators of “Ink Without Regret”, but that the statement’s contents merely reflected the consensus at the time. In a mitigation letter, Leung said he was born when Hong Kong’s sovereignty was handed over to China, and that his graduation coincided with SARS, the Umbrella Movement and the anti-extradition bill movement. He wrote: “I deeply feel that my fate is closely bound to Hong Kong” (see separate report).
Cheng’s side said he had merely followed the Civic Party’s position and submitted that his starting point for sentencing should be no more than three years. Sze’s side said his father died while he was on remand. Yeung’s side submitted 32 mitigation letters, asking the court to view Yeung from a new perspective, prompting the judge to question whether this meant that Yeung should not have been convicted. The case will continue on Wednesday, when submissions are expected from Michael Cheuk Kei Pang’s side.
47 名民主派被控「串謀顛覆國家政權」罪一案，第二批罪成被告、初選時參選港島區的 6 人，周二（2 日）處理求情，料需時 2 天，袁嘉蔚、梁晃維、鄭達鴻、徐子見、楊雪盈 5 人完成陳詞。袁嘉蔚一方透露，她不久前在獄中成婚，有意與丈夫共度時光、建立家庭。
梁晃維一方稱梁為〈墨落無悔〉發起人之一，但聲明內容僅為當時的共識。梁在求情信提到生於香港主權移交之時，畢業碰上「沙士」、雨傘、反修例，形容「我深感我的命運與香港緊緊扣連」（見另稿）。
鄭達鴻一方指，他僅僅跟從公民黨立場，認為鄭的量刑起點應不多於 3 年；徐子見一方指，父親在他還押時離世。楊雪盈一方則呈上 32 封求情信，望法庭以新角度審視楊，遭官質疑是否意指楊不應被定罪。案件周三續，料由彭卓棋一方陳詞。
Translations are supplied by the source workbook. Consult the original reporting for context.
