10 Sept 2024光傳媒#4034
港會計師事務所被指非法協助港府解散壹傳媒 投訴人CFHK主席促立即停止助港府侵犯人權
Mark Clifford, chairman of the Hong Kong Freedom Committee Foundation, and Gordon Crovitz, former publisher of The Wall Street Journal, submitted a complaint yesterday (the 9th) to the Organisation for Economic Co-operation and Development against BDO, one of the world’s five largest accounting firms. They alleged that BDO had illegally assisted the Hong Kong government in winding up and dissolving Next Digital, in violation of business and human-rights standards.
「香港自由委員會基金會」主席Mark Clifford及前《華爾街日報》發行人Gordon Crovitz昨(9日)向經濟合作暨發展組織(OECD)提交針對全球五大會計師樓之一立信德豪會計師事務所(BDO)的投訴信,指其非法協助港府,清盤解散「壹傳媒」,違反商業和人權標準。
25 Jul 2024法庭線#3849
黎智英案第92日審訊|官裁定表證成立 黎智英將出庭作供 押後 11.20 續審
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. After the prosecution completed its evidence, both sides made mid-trial submissions. The case entered its 92nd day of trial at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, on Thursday (25th). The three judges ruled that a prima facie case had been established on all charges faced by Lai. After seeking directions, the defence said Lai intended to testify and also planned to call an expert witness on Signal. The case was adjourned until November 20.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪。控方早前完成舉證,由雙方作中段陳詞。案件周四(25 日)在西九龍裁判法院(暫代高等法院)踏入第 92 日審訊,3 名法官裁定黎面對的所有控罪表證成立。辯方索取指示後,指黎智英打算出庭作供,另擬傳召一名關於 Signal 的專家證人,案件押後至 11 月 20 日續審。
黎智英是日穿著灰色西裝外套,妻兒到庭旁聽。年屆 101 歲的「大黃伯」亦有到庭,有旁聽人士向黎做心心手勢,黎微笑點頭示意。散庭前,旁聽人士向黎高呼「保重」、「頂住」。
24 Jul 2024法庭線#3847
黎智英案第91日審訊|辯方指《國安法》生效後無違法協議 要求裁定表證不成立
Next Digital founder Jimmy Lai and three companies linked to Apple Daily have been charged with offences including conspiracy to collude with a foreign country or external elements. After the prosecution completed its case, the 91st day of the trial began on Wednesday (24th) at the West Kowloon Magistrates’ Courts (temporarily acting as the High Court), with both sides making mid-trial submissions. On Thursday (25th), the judge will rule on whether a prima facie case has been established, determining whether the defence must present its case.
The defence said press freedom and freedom of expression are protected by the Basic Law, and that the media, as the “fourth estate”, may monitor or criticise the government. It said correcting errors by the Hong Kong government was a circumstance exempted under the sedition offence. The defence also said the prosecution could prove only Lai’s intentions before the National Security Law took effect, and had adduced no evidence regarding his intentions afterwards. It argued that the National Security Law turned conduct that had previously been lawful into an offence, causing the “lawful agreement” to automatically lapse.
The prosecution said the agreement in this case did not automatically lapse when the National Security Law took effect. It said the testimony of an accomplice witness, Lai’s interview programmes and opinion columns, among other evidence, provided sufficient and direct proof that Lai continued to participate in the agreement after the National Security Law took effect.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪。控方早前完成舉證,周三(24 日)在西九龍裁判法院(暫代高等法院)展開第 91 日審訊,由雙方作中段陳詞。法官周四(25 日)將裁定案件是否表證成立,以決定辯方須否答辯。
辯方指,新聞自由和言論自由受《基本法》保障,作為「第四權」可監察或批評政府,而矯正港府錯誤,屬煽動罪中獲豁免的情況。另一方面,辯方指控方只能證明黎於《國安法》生效前的意圖,沒有就他在《國安法》生效後的意圖舉證,認為《國安法》令本身合法行為變成違法,以致「合法協議」自動失效。
控方則指,本案的協議並無因《國安法》生效而自動失效,而「從犯證人」的供詞、黎訪談節目及專欄文章等,均顯示本案有充分、直接證據證明,黎在《國安法》後仍參與協議。
11 Jun 2024法庭線#3670
黎智英案第90日審訊|控方完成舉證 押後 7.24 中段陳詞
Next Digital founder Jimmy Lai and three companies linked to Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. The case was originally scheduled for 80 days. On Tuesday (the 11th), the 90th day of the trial began at the West Kowloon Magistrates’ Courts, which is acting as the High Court. The prosecution completed its presentation of evidence, and the case was adjourned until July 24 for mid-trial submissions, after which the court will determine whether a prima facie case has been established.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件原訂審期 80 天,截至周二(11 日)在西九龍裁判法院(暫代高等法院)展開第 90 日審訊,控方完成舉證,案件押後至 7 月 24 日作中段陳詞,由法庭裁定案件是否表證成立。
4 Jun 2024法庭線#3643
黎智英案88日審訊|庭上續播黎受訪片 控方料周四總結案情
The 88th day of the trial of Next Digital founder Jimmy Lai and three companies related to Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, began on Tuesday (4th) at the West Kowloon Magistrates’ Courts, sitting as the High Court. When the case opened on Monday, the defence said Lai was physically shaking and felt unwell, and was not fit to continue the hearing. The judge adjourned the case until Tuesday.
When Lai appeared in court on Tuesday, he entered the dock wearing a white jacket and greeted family and friends. After the hearing began, the defence said Lai’s physical condition had improved and that he could continue. The court continued playing interview footage of Lai, as well as footage seized from Lai’s phone that had been sent to him by Ben Rogers, head of Hong Kong Watch. The case was adjourned until Wednesday (5th), and the prosecution is expected to complete its closing of the prosecution case on Thursday.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件周二(4 日)在西九龍裁判法院(暫代高等法院)展開第 88 日審訊。案件周一開庭時,辯方指黎智英身體發抖、感不適,不宜繼續聆訊,法官押後案件至周二續審。
黎周二上庭時,身穿白色外套步入被告欄,與親友打招呼。開庭後,辯方指黎身體情況已好轉,可繼續聆訊。庭上續播放黎受訪片段,另播放於黎電話中檢取,由「香港監察」負責人 Ben Rogers(羅傑斯)向黎發送的片段。案件押後至周三(5 日)續審,控方預料將於周四完成控方案情。
4 Jun 2024法庭線#3644
黎智英案89日審訊|庭上播畢片段及錄音 料7.9處理中段陳詞
Media tycoon Jimmy Lai and three companies linked to Apple Daily, the newspaper he founded, are charged with offences including conspiracy to collude with foreign forces. The case entered its 88th day of trial at the West Kowloon Magistrates’ Courts, sitting as the High Court, on Wednesday (the 5th). The prosecution played voice recordings sent by Lai to former Apple Daily deputy editor-in-chief Chan Pui-man. The recordings showed Lai discussing the content of the English edition of Apple Daily with other staff. Lai said Apple Daily’s content should differ from that of the South China Morning Post, that it should “do real news,” explore more news about Chinese rights defenders, and report on Hong Kong features and other topics.
After the clips were played, the prosecution disclosed that only the first defendant, Lai, intended to make mid-trial submissions, while the three company defendants would not participate. Judge Esther Toh adjourned the case until next Tuesday (the 11th) for the handling of translated texts of exhibits, and set July 9 for hearing the parties’ oral mid-trial submissions.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件周三(5 日)在西九龍裁判法院(暫代高等法院)展開第 88 日審訊。控方播放由黎向前《蘋果》副社長陳沛敏發送的語音紀錄。錄音顯示,黎與其他員工商討《蘋果》英文版的內容,黎指《蘋果》的內容要與《南華早報》不同,要「做返真實新聞」,發掘更多中國維權新聞,亦要報道香港專題等。
播畢片段後,控方透露,只有首被告黎智英擬作中段陳詞,蘋果另外 3 間公司被告不會參與。法官杜麗冰押後案件至下周二( 11 日)續審,處理證物翻譯文本,另訂於 7 月 9 日聽取雙方口頭中段陳詞。
3 Jun 2024法庭線#3630
黎智英案第87日審訊|辯方指黎身體不適 法官押後審訊
Next Digital founder Jimmy Lai and three companies associated with Apple Daily are facing charges including conspiracy to collude with foreign forces. The case resumed on Monday (3rd) at the West Kowloon Magistrates’ Courts, sitting as the High Court, for the 87th day of trial. The prosecution was expected to continue playing the full footage of interviews with Lai.
At the start of the hearing, senior defence counsel Robert Yiu Hung Pang said that Lai was trembling and feeling unwell. Judge Esther Toh asked whether Lai had seen a doctor. Pang said Lai had seen a doctor the previous night and had been prescribed painkillers. Toh then asked whether Lai needed further examinations. The prosecution said it would discuss the arrangements with the police and the Correctional Services Department. The judge adjourned the hearing until Tuesday (4th).
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件周一(3 日)在西九龍裁判法院(暫代高等法院)展開第 87 日審訊,原料控方繼續播放黎受訪的完整片段。
甫開庭,辯方資深大律師彭耀鴻指,黎智英身體發抖、感不適。法官杜麗冰問,黎有否看醫生?彭指,黎昨晚已看醫生及獲處方止痛藥。杜麗冰再問,黎需否進一步檢查?控方指會與警方及懲教商討安排。法官暫時押至周二(4 日)續審。
29 May 2024法庭線#3589
黎智英案86日審訊|黎節目中指不顧慮人身安全 「我已72歲,我不在意在我身上發生的事」
Next Media founder Jimmy Lai and three companies related to Apple Daily are charged with offences including conspiracy to collude with a foreign country or with external elements. The case entered its 86th day of trial on Wednesday (29th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the High Court, where complete clips of Lai being interviewed continued to be played.
During the interview, Lai said the National Security Law would undoubtedly deprive Hong Kong of the rule of law and freedoms. After its implementation, news media would no longer be able to operate, as the authorities could accuse any content of being seditious or subversive and prosecute at any time.
Asked whether he was concerned about his personal safety, Lai said he was no longer concerned about his own safety and was focused only on how to continue his struggle. He said that if he were worried about his safety, he would take his words and actions into consideration, adding: “I am 72, I don’t care what happened to me.” The trial will resume next Monday (3rd).
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件周三(29 日)在西九龍裁判法院(暫代高等法院)展開第 86 日審訊,庭上繼續播放黎受訪的完整片段。
黎受訪時形容,《國安法》無疑會剝奪香港的法治及自由,實施《國安法》後新聞媒體將無法再營運,不論發表甚麼內容,政權都可以指控內容屬煽動、顛覆,隨時檢控。
被問及有否擔心個人身安全,黎指已不顧慮自身安全,只著重於如何繼續抗爭。如果擔心自身安全,便會顧慮自己的言行,又指「我已經 72 歲,我不在意在我身上發生的事了(I am 72, I don’t care what happened to me)」。案件下周一(3 日)續審。
28 May 2024法庭線#3582
黎智英案85日審訊|黎節目中稱港人若不抗爭 香港會變成新疆或「更大鑊」
Media tycoon Jimmy Lai and three companies linked to Apple Daily are charged with, among other offences, conspiracy to collude with foreign forces. The case entered its 85th day of trial on Tuesday (28th) at the West Kowloon Magistrates’ Courts, temporarily serving as the High Court. The court continued playing complete clips of Lai’s interviews and the programme “Live Chat with Jimmy Lai”.
Asked on the programme what values Hong Kong would have left as it was about to become “one country, one system”, Lai said Hong Kong had come under severe attack in areas including education and press freedom. He said “one country, one system is coming”, but stressed that this did not mean “we should sit idly by and let it happen ... We must stand up to preserve the rule of law and freedom”. Asked whether he believed Hong Kong would be assimilated into a Chinese city, Lai said Hongkongers believed in Western values and that, if successfully spread to the mainland, they would be more dangerous than Islamic and other religious values. If Hongkongers did not continue their resistance, “we will become Xinjiang, or be in even worse trouble than Xinjiang”. The trial will continue on Wednesday (29th).
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件周二(28 日)在西九龍裁判法院(暫代高等法院)展開第 85 日審訊。庭上繼續播放黎受訪及「Live Chat with Jimmy Lai」完整片段。
黎在節目中被問及,香港即將變成「一國一制」,尚餘甚麼價值。黎認為,現時香港在教育及傳媒自由等方面均大受打擊,「一國一制係要嚟」,但強調不代表「我哋要袖手畀佢⋯ 我哋一定要站喺度保住法治自由」。黎另被問,認為香港會否被同化成中國的城市。黎則指,港人相信西方價值觀,如成功散播到內地,將比回教等宗教價值更危險。若港人不持續抗爭,「我哋係變成新疆,或者比新疆更大鑊」。案件周三(29 日)續審。
27 May 2024法庭線#3579
黎智英案第84日審訊|黎節目與彭定康對談 稱須為法治和自由繼續戰鬥 惟國安法下沒空間
The trial of Media tycoon Jimmy Lai and three companies linked to Apple Daily, who are charged with offences including conspiracy to collude with foreign forces, entered its 84th day on Monday (27) at the West Kowloon Magistrates’ Courts, temporarily sitting as the High Court. The court continued to play the full clips of Lai’s interview programme, “Live Chat with Jimmy Lai”.
In one episode, the guest was former Hong Kong governor Chris Patten. He said China should be stopped from changing foreign values and that, to achieve this, people must continue to stand up for those in Hong Kong who are brave. Lai responded: “We must continue to fight for the rule of law and freedom,” but said he believed there was no room to do so under the National Security Law and feared that the world would forget Hong Kong. Patten said it would not, adding that many people, including himself, were working to prevent that. The trial continues on Tuesday (28).
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司,被控「串謀勾結外國勢力」等罪,案件周一(27 日)在西九龍裁判法院(暫代高等法院)展開第 84 日審訊。庭上繼續播放黎訪談節目「Live Chat with Jimmy Lai」完整片段。
其中一集節目嘉賓為前港督彭定康,他指應該阻止中國改變外國價值觀,若想達到此目的,就要繼續為那些在香港勇敢的人挺身而出。黎回應「我們必須為法治和自由繼續戰鬥」,但在《國安法》下,他認為已沒空間這樣做,並擔心世界會忘記香港。彭定康則指不會,還有很多人,包括他自己在努力。案件周二(28 日)續審。
Translations are supplied by the source workbook. Consult the original reporting for context.