3 Sept 2024法庭線#4011
47人案 呂智恆求情信：2019年感青年絕望遠超自己童年痛苦 心存盼望未來報親恩
The 47 pro-democracy figures charged with conspiracy to subvert state power completed mitigation submissions on Tuesday morning (the 3rd) for Hendrick Lui Chi-hang and Mike Lam King-nam, who stood in the New Territories East primary election. Philip Sai Kit Chan, the barrister representing Lui, cited a mitigation letter written by Lui, saying he was born into a broken family and had an unhappy childhood.
The Courtroom News obtained the letter, in which Lui gave a detailed account of being left without a settled home after his parents divorced. He said at least three years of primary school were a “march towards darkness”; he had been forced to work as a child labourer, subjected to corporal punishment and endured insufficient food. He later moved into a children’s home and was adopted. Lui said the circumstances in 2019 made him deeply feel that “the sense of despair among this generation’s young people far exceeds the suffering I experienced in my childhood”. He became a social worker and resolved to “use life to influence life”.
Lui said he joined the primary election to exercise, with authorisation from the people, a veto power that would “remove the Chief Executive through a very helpless and indirect means”, adding that he had naively believed at the time that exercising the veto power was lawful. He also said that, because of the case, he had frequently suffered from insomnia and immense pressure during his years on bail, and felt distressed and guilty about increasing the burden on his family. He concluded: “I fully understand the seriousness of the offence and dare not underestimate the sentence, but I will remain hopeful and look forward to repaying my parents’ kindness and serving disadvantaged communities in the future.”
47 名民主派被控「串謀顛覆國家政權」罪，周二（3 日）早上完成處理參選新東的呂智恆、林景楠求情陳詞。呂的代表大狀陳世傑，引呂親撰的求情信指他生於破碎家庭，童年悲慘。
《法庭線》取得信件，呂詳述因父母離異而居無定所，指小學至少 3 年「邁向黑暗」，曾被逼做童工、體罰，忍受食物不足，其後入住兒童之家及獲得領養。呂續稱 2019 年的狀況令他深感「這代青年的絕望感遠遠超過，我童年時受到的痛苦」，成為社工立志「以生命，影響生命」。
呂指，參加初選為了由人民授權，行使否決權，「以非常無奈和間接的方式罷免特首」，指當時無知地相信行使否決權是合法。他又指因本案保釋幾年來常失眠、壓力巨大，對增加家人的負擔，感痛苦和歉疚，最後指「深知罪名嚴重，不敢低估刑期，但會心存盼望，期望未來報答親恩和服務弱勢社群。」
3 Sept 2024法庭線#4014
47人案 林景楠求情信：深切反思發現受海外勢力或網媒渲染 間接成反中亂港分子
The 47 pro-democracy figures were charged with conspiracy to subvert state power. On Tuesday morning (the 3rd), the court completed hearing the mitigation submissions for Hendrick Lui Chi-hang and Mike Lam King-nam, who stood in the New Territories East constituency. Alex Hoi Kit Fan, counsel for Lam, read out part of a mitigation letter written by Lam.
In the letter, Lam said that while awaiting trial, “through exposure to information and commentaries expressing different views from other friends, and through repeated argument and analysis”, he came to understand that taking part in the primary election had been “a very childish and foolish act”, which would only deepen divisions in society and could even lead to consequences endangering national security.
Lam continued that he realised taking part in the primary election, which might ultimately result in the Chief Executive stepping down, “was in fact falling into the schemes of other countries, groups and people with ulterior motives”. Through deep reflection, he became aware that he bore “considerable responsibility” for the divisions in society since 2019, as he was a leading figure in the yellow economic circle, for which he felt deep regret and engaged in deep reflection.
Lam also quoted President Xi Jinping as saying in public remarks on July 1, 2022, that “Hong Kong cannot be chaotic, nor can it afford to be chaotic”. He said that after deeply reflecting on everything he had done in the past, he “found that many Hong Kong people, myself included, had constantly been influenced by the embellishment and propaganda of many overseas forces or online media, and had indirectly become members of the anti-China and Hong Kong-disrupting camp”. He subsequently took the initiative to contact the police to plead guilty, and also thanked the prosecution for allowing him to become a witness, “so that I could disclose everything I knew and had heard”.
47 名民主派被控「串謀顛覆國家政權」罪，周二（3 日）早上完成處理參選新東的呂智恆、林景楠求情陳詞。林的代表大狀范凱傑，在庭上讀出林親撰求情信的部分內容。
林在信中表示，在候審期間，「通過接觸其他朋友不同觀點的資訊和評論，透過反覆論證」，明白到當初參加初選，「是非常幼稚及愚蠢的行為」，只是會令到社會更加撕裂，甚至會造成危害國安的後果。
林續指，認識到參與初選而最終或會令到特首下台，「其實是中了其他別有用心的國家、團體和人的計謀」，而透過深切反省，意識到要為自 2019 年起社會撕裂「負上不少責任」，因為他是黃色經濟圈的領頭者，對此深深悔疚和反省。
林又引述國家主席習近平，2022 年在七一公開發言時提及「香港不能亂，也亂不起」。他深切反思過去所做一切，「發現很多香港人包括我自己，一直受到很多海外勢力或網絡傳媒的渲染，間接成為反中亂港的一分子」。其後主動聯絡警方希望認罪，亦感謝控方讓他成為證人，「讓我可以把我的所知所聞一一供出」。
3 Sept 2024法庭線#4015
47人案求情｜所有被告完成陳詞 官拒為林景楠索社服令報告 呂智恆還押
In the case involving 47 pro-democracy figures charged with conspiracy to subvert state power, the final batch of nine defendants, who ran in New Territories East, completed their submissions on Tuesday (the 3rd). All 45 convicted defendants have now completed mitigation submissions, which lasted 12 days. Judge Andrew Hing Wai Chan said the sentencing decision and the date for announcing the sentences would be notified separately.
The final two defendants to make submissions were Hendrick Lui Chi-hang and Mike Lam King-nam. The defence for Lui said his role was merely supportive and insignificant, and that he should be regarded as an “other participant”. It also said Lui had personally written his mitigation letter, in which he mentioned that he had aspired to become a social worker since childhood but had lost that qualification after being convicted, and that he came from a broken family. During his bail period, Lui treasured his time and freedom and spent more time helping people in need. His bail was revoked the same day and he was remanded pending sentencing.
The defence for Lam cited his mitigation letter, saying that upon reflection he had found himself influenced by overseas forces or online media and had indirectly become an anti-China and destabilising figure. He had pleaded guilty and apologised sincerely. The defence also said Lam was among the least serious “other participants” and should receive a 50% sentence reduction for serving as a prosecution witness, and hoped that a community service order report could be requested. The three judges questioned this, saying the defence was unrealistic, and ultimately ruled that Lam could receive only a 20% reduction. Lam was allowed to remain on bail.
47 名民主派被控「串謀顛覆國家政權」罪一案，最後一批、參選新東的 9 人周二（ 3 日）完成陳詞後，全部 45 名罪成被告已完成處理求情，歷時 12 天。法官陳慶偉指，有判刑決定時將另行通知宣判日期。
最後陳詞兩人為呂智恆及林景楠。呂一方稱角色僅是支援、不重要，認為屬「其他參與」，另指呂親撰求情信，提及指從小志向是社工，定罪後失去資格，而他來自破碎家庭；呂獲保釋期間，珍惜時間和自由，花更多時間幫助有需要的人。呂同日撤銷保釋，還押候判刑。
林一方引其求情信，稱反思發現自己受海外勢力或網媒渲染，間接成反中亂港分子，真誠認罪及道歉；又指林屬最輕的「其他參與」者，任控方證人應獲 50% 刑期扣減，望可索取社會服務令報告。3 法官質疑，指辯方不現實，最終並指林只能有 20% 扣減。林續准保釋。
2 Sept 2024法庭線#4004
47人案 鄒家成求情信：想像不了參選原來已構成危國安 依然信民主與公義
Five of the nine defendants from the New Territories East in the 47-person case completed their mitigation submissions in the morning. Owen Chow was represented by senior counsel Philip Sai Kit Chan, who read the final part of a mitigation letter written by Chow. The Courtroom News Project also obtained the remaining parts that were not read in court.
In the letter, Chow said that his father died of illness when he was 15. While caring for him, Chow gradually developed concern and empathy for vulnerable people, and completely let go of his hatred related to his father’s domestic violence. That same year, he followed senior schoolmates in taking part in a July 1 march for the first time. He wrote that he “awoke to the fact that the difficulties faced by my family were by no means unique to our family of seven, but were problems shared by hundreds of thousands of families. Behind these phenomena, there was also structural injustice in society.” This marked the beginning of his active participation in civic affairs.
Chow said, “From beginning to end, I had no intention of violating the National Security Law, nor could I imagine that standing for election itself would constitute endangering national security.” After the National Security Law took effect, he said he “could not leave the people behind. Therefore, after deleting all campaign content that might be regarded as violating the National Security Law, I decided to set out again, walk alongside the people and complete the final stretch of the primary election.”
47人案新東 9 人求情，當中 5 人上午完成陳詞。鄒家成由代表大狀陳世傑陳詞，他讀出鄒家成親撰求情信的最後部分，而《法庭線》亦取得庭上未有讀出的其餘部分。
鄒家成在信中提及 15 歲時父親病逝，他在照顧時漸漸培養出對弱者的關懷和同理心，亦對父親家暴的恨意全消。同一年，他也跟隨中學師兄第一次參加七一遊行，「覺醒到我家庭所面對的困境絕非我們一家七口獨有，而是數以十萬計家庭所共同面對的問題。現像背後，更是有著社會的結構性不公。」成為他積極參與公民事務的起點。
鄒指，「由始至終，我根本無意違反《國安法》，亦想像不了參選本身原來已構成危害國安。」在《國安法》生效之後，他「無法離群眾而去。於是，在刪去所有有機會被視為違反《國安法》的宣傳內容後 ，我決定重新上路，與民同行，走完最後一段初選之路。」
2 Sept 2024法庭線#4005
47人案求情．新東｜7人完成陳詞 何桂藍沒求情 鄒家成指想像不到參選構成危國安
In the case involving 47 democracy camp defendants charged with conspiracy to subvert state power, the final group of nine who stood for election in New Territories East began making mitigation submissions on Monday (2nd). Gwyneth Ho, Lau Wing-kwong, Owen Chow, Alvin Yeung, Raymond Chan, Lam Cheuk-ting and Fan Kwok-wai completed their submissions. The case continues on Tuesday, with mitigation submissions by Hendrick Lui Chi-hang and Mike Lam King-nam to be dealt with.
After Ho’s criminal record was confirmed, her side said: “Apart from that, there will be no mitigation.” In a mitigation letter, Chow said he could not imagine that standing for election had constituted a threat to national security, and also referred to his life in remand custody over the past several years. Yeung’s mitigation letter said that, as a lawyer, he found it distressing to admit having committed a criminal offence, and that he was very sorry to members of the Civic Party.
Lau made submissions himself, saying he should be classified as an “active participant”. He also cited case law stating that the sentence could be reduced based on the facts of the case, and read out a mitigation letter from his girlfriend. Fan’s side said the Basic Law permits the budget to be vetoed and that the constitutional system was not so fragile. It also cited a letter from his daughter saying that Fan was the best father. Counsel representing Chan and Lam both referred to their limited levels of participation.
47 名民主派被控「串謀顛覆國家政權」罪一案，最後一批、參選新東的 9 人周一（2 日）起處理求情，何桂藍、劉頴匡、鄒家成、楊岳橋、陳志全、林卓廷、范國威 7 人完成陳詞。案件周二續，續處理呂智恆、林景楠的求情。
何桂藍一方確認何的案底紀錄後稱，「除此之外，沒有求情」。鄒家成在求情信指，想像不到參選已構成危害國安，亦提及數年來的還押生活。楊岳橋求情信稱身為律師，要承認犯下刑事罪行難堪，又指對公民黨成員非常抱歉。
劉頴匡自行陳詞稱自己應屬「積極參與」，又引案例指據案情可扣減刑期，他亦讀出女友求情信。范國威一方稱《基本法》容許否決預算，而憲制沒那麼脆弱，另引女兒求情信稱范是最好的爸爸。陳志全、林卓廷的代表大狀都提及兩人參與程度少。
2 Sept 2024法庭線#4006
47人案求情信 劉頴匡：如知會入獄絕不參加 女友：劉已得到莫大懲罰
The nine defendants from the New Territories East in the 47-person case made mitigation submissions on Monday (2nd). The Court Journalism obtained a mitigation letter personally written by Liu Yik-kuen, which was not read in court. He said pleading guilty meant he had to acknowledge that he knew and agreed with Benny Tai's agenda, but said it was not the focus of his campaign. Liu said that if he had known he would be imprisoned for taking part in the primary election, “I absolutely would not have participated, and would have chosen other ways to contribute to society.”
Liu Yik-kuen, who made personal mitigation submissions, also read parts in court of a mitigation letter written for him by his girlfriend, Wong Yu-kiu Emilia. She said Liu chose to enter politics out of concern for society and the people, and in pursuit of democratisation in Hong Kong, hoping to contribute his abilities. He had not expected to become embroiled in the case and imprisoned, spending “the golden period of his life” behind bars, and had already received immense punishment.
Wong also said that throughout Liu’s more than three years on remand, she visited him at the remand centre every day regardless of the weather: “Precisely because I believe he is not a criminal who committed wrongdoing or engaged in stealing, cheating or fraud, but someone worthy of my continued care and devotion.”
47 人案新東 9 人周一（2 日）處理求情，《法庭線》取得劉頴匡親自撰寫、未有在庭上讀出的求情信，他指認罪是因為必須承認，他知道並同意戴耀廷的議程，但指並非其競選重點。劉指，如果知道會因為參加初選而入獄，「我絕對不會參加，會選擇其他方式貢獻社會。」
親自陳詞的劉頴匡，亦在庭上讀出由女友黃于喬 Emilia 為他撰寫的求情信部分內容，提及劉選擇從政，是出於對社會人民的關懷、對香港民主化的追求，期望能夠貢獻才能，不料捲入案件身陷囹圄，在獄中度過「人生最黃金的時期」，已得到莫大懲罰。
黃又指，劉還押的 3 年多以來，她每天風雨不改的到收押所探望，「正正因為我認為他不是作奸犯科、偷呃拐騙的罪犯，是個值得我繼續關心和付出的人」。
2 Sept 2024法庭線#4007
47人案 楊岳橋求情信：非常抱歉致公民黨成員參與謀劃 令他們承受巨大焦慮
Mitigation proceedings for the nine New Territories East defendants in the 47-person case took place on Monday (the 2nd). In court, Alvin Yeung, who had chosen to plead guilty, appeared noticeably thinner. His representative, Senior Counsel Choi Wai-bong, read out a mitigation letter personally written by Yeung.
Yeung said that, as a barrister, it was deeply difficult to admit having committed a criminal offence, and that his criminal liability had also caused embarrassment to his family, colleagues and fellow members of the same chambers. He said his original aspiration was to help make Hong Kong a better place for Hong Kong people, “but I lost my way because of naivety and blind enthusiasm”.
Yeung added that his actions may have led Civic Party members to participate in “this hopeless and illegal conspiracy”, which had inevitably caused them and their families considerable anxiety. He said he was very sorry.
47 人案新東 9 人周一（2 日）處理求情。庭上所見，選擇認罪的楊岳橋清瘦不少，他的代表、資深大狀蔡維邦在庭上讀出他親自撰寫的求情信。
楊提及作為律師，要承認犯下刑事罪行實在難堪，而帶罪之身亦為家人、同僚及同一大律師事務所的同工帶來難堪。他說最初的抱負是幫助令到香港成為，對香港人來說更好的地方，「但我因為天真和盲目的熱忱而偏離了方向」。
楊續指，其行為可能導致公民黨成員參與了「這個沒甚希望而且是非法的謀劃」，指一定令他們及家人承受巨大焦慮，對此感到非常抱歉。
28 Aug 2024法庭線#3961
47人案求情．新西梁國雄柯耀林｜10人全部完成陳詞 吳敏兒一方指日後脫離政治
In the case involving 47 democrats charged with “conspiracy to subvert state power”, eight New Territories West candidates who pleaded guilty, together with Leung Kwok-hung and Ricky Yiu Lam Or, who took part in the New Territories East primary election and were convicted after trial, completed mitigation submissions for seven defendants on Tuesday (see separate report). The remaining defendants, Ng Man-yee, Roy Hoi Pong Tam and Ricky Yiu Lam Or (on the 28th), also completed their mitigation submissions on Wednesday morning (key points are set out in the table in the main text).
Ng Man-yee’s counsel said she only learned that she was suspected of breaking the law when she was arrested, and was shocked. She would leave politics in future. Her barrister said that if the starting point for sentencing in this case was set too high, there would be little room to impose sentences in more serious cases in future. Roy Hoi Pong Tam’s counsel said former Observatory director Lam Chiu-ying had written a mitigation letter for Tam, praising Tam’s efforts on environmental protection. Counsel also said Tam had no intention of engaging in politics in future, and might even stop advocating environmental issues.
The barrister representing Ricky Yiu Lam Or said Ko belonged to the category of “other participants”; even if classified as an “active participant”, Ko would be at the lower end of that category. However, the judge questioned the defence’s claim that Ko’s level of participation was lower than that of the others.
47 名民主派被控「串謀顛覆國家政權」罪一案，參選新西的認罪 8 人偕同參與新東初選、經審訊後定罪的梁國雄、柯耀林，周二完成 7 人求情（見另稿），餘下的吳敏兒、譚凱邦及柯耀林（28 日）周三早上亦完成求情（重點見內文表）。
吳敏兒一方指，吳至被捕才知自己涉違法，對此感震驚，而她日後會脫離政治；其大狀指若本案量刑起點過高，他日嚴重案件難有判刑空間。譚凱邦一方稱，前天文台台長林超英為譚撰求情信，表揚譚為環保出力；又指譚未來無意接觸政治，甚至不再提倡環保議題。
柯耀林的代表大狀稱，認為柯屬於「其他參加」，即使被歸類成「積極參加者」，亦屬當中較低一方。不過法官質疑辯方指柯的參與程度比其他人低的說法。
28 Aug 2024法庭線#3962
47人案求情．新西．梁國雄柯耀林｜尹兆堅前家傭：他出獄前，我會一直留在這裡
In the case involving 47 pro-democracy figures charged with “conspiracy to subvert state power”, the eight defendants who pleaded guilty after taking part in the New Territories West primary election, together with Leung Kwok-hung and Ricky Yiu Lam Or, who took part in the New Territories East primary election and were convicted after trial, continued making mitigation submissions on Wednesday (28th). The hearing dealt with the mitigation submissions of Ng Man-yee, Roy Hoi Pong Tam and Ricky Yiu Lam Or.
The domestic helper who cared for Yin Siu-kin’s family for nearly 16 years also attended the hearing on Wednesday. She said Yin was a good employer who would help resolve her problems, and that after Yin was arrested, she attended the hearings and visited him. She said that when she missed Yin and his family, she would look at their photos on her phone: “I will stay here until he is released.”
Joe Wong, former chairperson of the Hong Kong Confederation of Trade Unions, described Ng Man-yee as brave and resilient: “To be able to maintain one’s beliefs while in adversity is a very rare thing. I consider myself far behind her.” A “student” of Ricky Yiu Lam Or said that when visiting last week, they felt he was “not as active and a little more depressed”, and also believed that Ko’s profile was relatively low: “It seems that fewer people pay attention to him. I hope he also knows that people are supporting him.”
47 名民主派被控「串謀顛覆國家政權」罪一案，參與新西初選的認罪 8 人，偕同參與新東初選、經審訊後定罪的梁國雄、柯耀林，周三（28 日）續求情，處理吳敏兒、譚凱邦及柯耀林求情。
照顧尹兆堅一家近 16 年的家傭，周三亦到場旁聽，她表示尹是好僱主，會為她解決問題，又指尹被捕後，自己有旁聽案件及探望對方。她指，當想念尹一家人時，會翻看電話內的合照，「直到他出獄前，我會一直留在這裡。」
前職工盟主席黃迺元形容，吳敏兒勇敢、堅韌，「喺逆境入面仍然能夠保持信念，係好難得嘅事，我自問望塵莫及」。柯耀林的「學員」則提及，上周探望時感到他「冇咁積極、憂鬱咗少少」，又認為柯的知名度比較低，「好似少啲人會留意佢，希望佢都知道有人撐住佢。」
27 Aug 2024法庭線#3953
47人案求情．新西梁國雄柯耀林｜7人完成陳詞 伍健偉答官確認無悔意
In the case involving 47 pro-democracy figures charged with “conspiracy to subvert state power”, eight who pleaded guilty after standing in the New Territories West primary, together with Leung Kwok-hung and Ho Sum Cheung, who participated in the New Territories East primary and were convicted after trial, began mitigation submissions on Tuesday (the 27th). Leung Kwok-hung, Chu Hoi-dick, Ho Sum Cheung, Prince Wong Ji-yuet, Ng Kin-wai, Au Nok-hin and Kwok Ka-ki have completed their submissions. The mitigation submissions of Ng Man-yee, Roy Hoi Pong Tam and Ricky Yiu Lam Or will be dealt with on Wednesday.
Ng Kin-wai made his own submission, saying the “35+” primary was conducted “in broad daylight and was well known to all”, while the “five demands” were reasonable and had not been ruled unlawful. He considered that the government “did not do so” despite being able to. In response to the judge, he confirmed that he had no remorse, saying that as a politician he expected himself to shoulder responsibility and did not regret his actions. He said choosing to remain in Hong Kong was to fulfil his promise to “stand and fall together with Hong Kong people”.
Ho Sum Cheung wrote a mitigation letter personally, saying he had deeply reflected and should not have endangered national security through the scrutiny of the budget, and hoping to care for his elderly parents, wife and children in the future. In his letter of representation, Leung Kwok-hung said legislators’ exercise of their veto twice reflected the will of the people, and that he had “no complaint” about becoming a prisoner. Prince Wong Ji-yuet wrote that he had run for election in the hope of bringing change to those who had lost hope, and expressed guilt towards his parents and family.
Kwok Ka-ki received mitigation letters from former senior officials and Legislative Council members, saying that he was peaceful and non-violent and would defend the rights of the underprivileged. Au Nok-hin said he hoped to work for the international NGO World Central Kitchen in the future; he also received mitigation letters from three former senior officials. The case continues on Wednesday.
47 名民主派被控「串謀顛覆國家政權」罪一案，參選新西的認罪 8 人，偕同參與新東初選、經審訊後定罪的梁國雄、柯耀林，周二（27 日）起進行求情，梁國雄、朱凱廸、張可森、黃子悅、伍健偉、尹兆堅、郭家麒已完成陳詞；周三將處理吳敏兒、譚凱邦及柯耀林求情。
伍健偉自行陳詞指「35+」初選是「陽光底下進行、眾所周知」，而「五大訴求」是合情合理、沒被裁定違法，認為政府「是不為也」。他回答法官時確認自己沒悔意，指作為政治人物，期許自己有承擔，他不後悔，選擇留港是兌現承諾，「同香港人齊上齊落」。
張可森親撰求情信指有深刻反省，不應藉審議預算案危害國安，望未來照顧高堂、愛妻育兒。梁國雄在陳情書指，議員兩次行使否決權是民意依歸，對成為階下囚「毋怨」。黃子悅撰信指參選是望為失去盼望者帶來改變，對父母家人感愧疚。
郭家麒獲前高官、立法會議員撰寫求情信，指他和平、非暴力，會捍衛弱勢權利；尹兆堅則指日後望到國際 NGO 世界中央廚房工作，他亦獲 3 名前高官撰求情信。案件周三續。
Translations are supplied by the source workbook. Consult the original reporting for context.
