毋忘五大訴求 公民抗命有理
—10‧20九龍遊行陳情書
(案件編號:DCCC 535/2020)
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「毋忘初衷,活在愛和真實之中」
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胡法官雅文閣下:
2012年,我第一次站在法庭上承認違反「公安惡法」,述說對普選的盼望,批評公安惡法不義,並因公民抗命的緣故,甘心樂意接受刑罰。當年我說,如果小圈子選舉沒有被廢除,惡法沒有消失,我依然會一如故我,公民抗命,並且我相信將會有更多學生和市民加入這個行列。想不到時至今日,普選仍然遙遙無期,我亦再次被帶到法庭接受審判,但只是短短7年,已經有數十萬計的群眾公民抗命,反對暴政。今日,我承認違反「未經批准的政府」所訂立「未經批准的惡法」之下的「未經批准集結」罪,我不打算尋求法庭的憐憫,但請容許我佔用法庭些微時間陳情,讓法庭在判刑前有全面考慮。
暴力之濫觴
在整個反修例運動如火如荼之際,我正承擔另一宗公民抗命案件的刑責。雖然身在獄中,但仍然心繫手足。我在獄中電視機前見證6月9日、6月16日及8月18日三次百萬港人大遊行,幾多熱愛和平的港人冒天雨冒彈雨走上街頭,抗議不義惡法,今日關於10月20日的案件,亦是如此。可能有人會問,政府已在6月暫緩修例,更在9月正式撤回修例,我等仍然繼續示威,豈非無理取鬧?我相信法官閣下肯定聽過「遲來的正義並非正義」(Justice delayed is justice denied)這句格言。當過百萬群眾走上街頭,和平表達不滿的時候,林鄭政府沒有理睬,反而獨行獨斷,粗暴踐踏港人的意願,結果製造出後來連綿不絕的爭拗,甚至你死我活的對抗。經歷眾多衝突痛苦之後,所謂暫緩撤回,已經微不足道,我們只是更加清楚:沒有民主,就連基本人權都不會擁有!
在本案之中,雖然我們都沒有鼓動或作出暴力行為,但根據早前8‧18及10‧1兩宗案件,相信在控方及法庭眼中,案發當日的暴力事件仍然可以算在我們頭上,如此,我有必要問:如果香港有一個公平正義的普及選舉,人民可以在立法會直接否決他們不認可的法律,試問2019年的暴力衝突可以從何而來呢?如果我們眼見的暴力是如此十惡不赦,那麼我們又如何看待百萬人遊行後仍然堅持推行惡法的制度暴力呢?如果我們不能接受人民暴力反抗,那麼我們是否更加不能對更巨大更壓逼的制度暴力沈默不言?真正且經常發生的暴力,是漠視人民訴求的暴力,是踐踏人民意見的暴力,是剝奪人民表達權利的暴力。真正憎恨暴力,痛恨暴力的人,不可能一方面指摘暴力反抗,又容忍制度暴力。如果我需要承擔和平遊行引發出來的暴力事件的刑責,那麼誰應該承擔施政失敗所引發出來的社會騷亂的罪責呢?
社會之病根
對於法庭而言,可能2019年所發生的事情只是一場社會騷亂,務必追究違法者個人責任。然而,治亂治其本源,醫病醫其病根,我雖然公民抗命,刻意違法,控方把我帶上法庭,但我卻不應被理解為一個「犯罪個體」。2019年所發生的事情,並不是我一個人或我們這幾位被告可以促成,社會問題的癥結不是「犯罪份子」本身,而是「犯罪原因」。我明白「治亂世用重典」的道理,但如果「殺雞儆猴」是解決方法,就不會在2016年發生旺角騷亂及2017年上訴庭對示威者施以重刑後,2019年仍然會爆發出更大規模的暴力反抗。
如果不希望社會動亂,就必須正本清源,逐步落實「五大訴求」,從根本上改革,挽回民心。2019年反修例運動,其實只是2014年雨傘運動的延續而已,縱使法庭可能認為兩個運動皆是「一股歪風」所引起,但我必須澄清,兩個運動的核心就是追求民主普選,人民當家作主。在2019年11月24日區議會選舉這個最類近全民普選的選舉中,接近300萬人投票,民主派大勝,奪得17個區議會主導權,這就是整個反修例運動的民意,民意就是反對政府決策,反對制度暴力,反對推行惡法,不容爭辯,不辯自明。我們作為礦場裡的金絲雀,多次提醒政府撤回修法,並從根本上改革制度,而在10月20日的九龍遊行當然是反映民意的平台契機。如今,法庭對我們施加重刑,其實只不過是懲罰民意,將金絲雀困在鳥籠之內,甚至扼殺於鼓掌之中,窒礙表達自由。
堅持之重要
大運動過後的大鎮壓,使我們失去《蘋果日報》,失去教協,失去民陣,不少民主派領袖以及曾為運動付出的手足戰友都囚於獄中,不少曾經熱情投入運動的朋友亦因《國安法》的威脅轉為低調,新聞自由示威自由日漸萎縮,公民社會受到沈重打擊,我亦失去不少摯友,有感傷孤獨的時候,但我仍然相信,2019年香港人的信念,以及所展現人類的光輝持久未變。我不會忘記百萬人民冒雨捱熱抗拒暴政,抵制惡法,展現我們眾志成城;我不會忘記人潮紅海,讓道救護車,展現我們文明精神;我不會忘記年青志士直接行動反對苛政,捨身成仁,展現我們膽色勇氣;我不會忘記銀髮一族走上街頭保護年青人,展現我們彼此關懷;我不會忘記「五大訴求」,不會忘記2019年區議會選舉,展現我們有理有節。
法官閣下,我對於當日的所作所為,不感羞恥,毫無悔意。我能夠在出獄後與群眾同行一路,與戰友同繫一獄,實是莫大榮幸。若法治失去民主基石,將使法庭無奈地接受專制政權所訂立解釋的法律限制,隨時變成政治工具掃除異見,因此爭取民主普選,建設真正法治,追求公平正義,仍然是我的理想。在這條路上,如有必要,我仍然會公民抗命,正如終審法院海外非常任法官賀輔明(Lord Hoffmann)所言,發自良知的公民抗命有悠久及光榮的傳統,歷史將證明我們是正確的。我期望,曾與我一起遊行抗命的手足戰友要堅持信念,在艱難歲月裡毋忘初衷,活在愛和真實之中。
最後,如9年前一樣,我想借用美國民權領袖馬丁路德金牧師的一番話對我們的反對者說:「我們將以自己忍受苦難的能力,來較量你們製造苦難的能力。我們將用我們靈魂的力量,來抵禦你們物質的暴力。對我們做你們想做的事吧,我們仍然愛你們。我們不能憑良心服從你們不公正的法律,因為拒惡與為善一樣是道德責任。將我們送入監獄吧,我們仍然愛你們。」(We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you.)
願慈愛的主耶穌賜我們平安,與我和我一家同在,與法官閣下同在,與香港人同在。沒有暴徒,只有暴政;五大訴求,缺一不可!願榮耀歸上帝,榮光歸人民!
第五被告
黃浩銘
二零二一年八月十九日
Lest we forget the five demands: civil disobedience is morally justified
- Statement on 10‧20 Kowloon Rally
(Case No.: DCCC 535/2020)
Your Honour Judge Woodcock
In 2012, I stood before the court and admitted to violating the "Public Security Evil Law". I expressed my hope for universal suffrage, criticized the evil law as unjust, and willingly accepted the penalty for civil disobedience. Back then, I said that if the small-circle election had not been abolished and the draconian law had not disappeared, I would still be as determined as I was, and I believe that more students and citizens would join this movement. Today, universal suffrage is still a long way off, and I have been brought before the court again for trial. But in just seven years, hundreds of thousands of people have already risen up in civil disobedience against tyranny. Today, I plead guilty to "unauthorised assembly" under an unapproved evil law enacted by an unauthorised government. I do not intend to seek the court's mercy, but please allow me to take up a little time in court to present my case so that the court can consider all aspects before sentencing me.
The roots of violence
At the time when the whole anti-extradition law movement was in full-swing, I was taking responsibility for another civil disobedience case. Although I was in prison, my heart was still with the people. I witnessed the three million-person rallies on 9 June, 16 June and 18 August on television in prison, when many peace-loving people took to the streets despite the rain and bullets, to protest against unjust laws. Some people may ask, "The Government has already suspended the legislative amendments in June and formally withdrew the bill in September, but we are still demonstrating, are we not being unreasonable?" I am sure your Honour has heard of the adage "Justice delayed is justice denied". When more than a million people took to the streets to express their discontent peacefully, the Lam administration ignored them and instead acted arbitrarily, brutally trampling on the wishes of the people of Hong Kong, resulting in endless arguments and even confrontations. After so many conflicts and painful experiences, the so-called moratorium is no longer meaningful. We only know better: without democracy, we cannot even have basic human rights!
In this case, although we did not instigate or commit acts of violence, I believe that in the eyes of the prosecution and the court, the violence on the day of the incident can still be counted against us, based on the August 18 and October 1 case. And now I must ask - If Hong Kong had a fair and just universal election, and the public could directly veto laws they did not approve of at the Legislative Council, then how could the violent clashes of 2019 have come about? If the violence we see is so heinous, how do we feel about the institutional violence that insists on the imposition of draconian laws even after millions of people have taken to the streets? If we cannot accept violent rebellion, how can we remain silent in the face of even greater and more oppressive institutional violence? The true and frequent violence is the kind of violence that ignores people's demands, that tramples on their opinions, that deprives them of their right to express themselves. People who truly hate violence and abhor it cannot accuse violent resistance on the one hand and tolerate institutional violence on the other. If I have to bear the criminal responsibility for the violence caused by the peaceful demonstration, then who should bear the criminal responsibility for the social unrest caused by failed administration?
The roots of society's problems
From a court's point of view, it may be that what happened in 2019 was just a series of social unrest, and that those who broke the law must be held personally accountable. What happened in 2019 was not something that I alone or the defendants could have made possible, and the crux of the social problem was not the 'criminals' but the 'causes of crime'. I understand the concept of " applying severe punishment to a troubled world", but if "decimation" was really the solution, there would not have been more violent rebellions in 2019 after the Mongkok "riot" in 2016 and the heavy sentences handed down to protesters by the Court of Appeal in 2017.
If we do not want social unrest, we must get to the root of the problem and implement the "five demands" step by step, so as to achieve fundamental reforms and win back the hearts of the people. 2019's anti-revision movement is indeed a continuation of 2014's Umbrella Movement, and even though the court may think that both movements are caused by a "perverse wind", I must clarify that the core of both movements is the pursuit of democracy and universal suffrage, and the people being the masters of their own house. In the District Council election on 24 November 2019, which is the closest thing to universal suffrage, nearly 3 million people voted, and the democratic camp won a huge victory, winning majority in 17 District Councils. As canaries in the monetary coal mine, we have repeatedly reminded the government to withdraw the extradition bill and fundamentally reform the system, and the march in Kowloon on 20 October was certainly an opportunity to reflect public opinion. Now, by imposing heavy penalties on us, the court is only punishing public opinion, trapping the canaries in a birdcage, or even stifling them in the palm of their hands, suffocating the freedom of expression.
The importance of persistence
As a result of the crackdown after the mass movement, we lost Apple Daily, the Hong Kong Professional Teachers' Union, and the Civil Human Rights Front. Many of our democratic leaders and comrades who had contributed to the movement were imprisoned, and many of our friends who had been passionately involved in the movement had been forced to lay low under the threat of the National Security Law. I still believe that the faith of Hong Kong people and the glory of humanity seen in 2019 will remain unchanged. I will never forget the millions of people who braved the rain and the heat to resist tyranny and evil laws, demonstrating our unity of purpose; I will never forget the crowds of people who gave way to ambulances, demonstrating our civility; I will never forget the young people who sacrificed their lives, demonstrating our courage and bravery; I will never forget the silver-haired who took to the streets to protect the youth, demonstrating our care for each other; I will never forget the "five demands" and the 2019 District Council election, demonstrating our rationality and decency.
Your Honour, I have nothing to be ashamed of and no remorse for what I did on that day. It is my great honour to be in prison with my comrades and to be able to walk with the public after my release. If the rule of law were to lose its democratic foundation, the courts would have no choice but to accept the legal restrictions set by the autocratic regime and become a political tool to eliminate dissent at any time. As Lord Hoffmann, a non-permanent overseas judge of the Court of Final Appeal, said, civil disobedience from the conscience has a long and honourable tradition, and history will prove us right. I hope that my comrades in arms who walked with me in protests will keep their faith and live in love and truth in the midst of this difficult time.
Finally, as I did nine years ago, I would like to say something to those who oppose us, borrowing the words of American civil rights leader Reverend Martin Luther King: "We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you."
Peace be with me and my family, with Your Honour, and with the people of Hong Kong. There are no thugs, only tyranny; five demands, not one less! To god be the glory and to people be the glory!
The Fifth Defendant
Wong Ho Ming
19 August 2021
同時也有12部Youtube影片,追蹤數超過38萬的網紅CH Music Channel,也在其Youtube影片中提到,《夜の国》 トリル / Trill / 顫音 作詞 / Lyricist:aimerrhythm 作曲 / Composer:飛内将大 編曲 / Arranger:飛内将大、 玉井健二 歌 / Singer:Aimer 翻譯:CH(CH Music Channel) 意譯:CH(CH Music C...
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hand expression 在 Facebook 的最佳解答
"Empress, stride through the water!
And take me by the hand!
This world is old and full of sorrow -
I desire a different land."
--
What do you see in this photo?
Strength? Sadness? Tranquillity? Tiredness?
Can't believe it's a BTS shot, but I love how raw it is precisely because of what it is. Speaks to the talent of my love @thejoshfather, who captured this while I was between takes filming with @sentosa_island.
Feel like it's a perfect expression of what I've been feeling these two years. Mount this picture on my coffin when I die pls and tell my grandchildren I was a siren queen who moved through water like it was air
👸🏻: @mimsy_crowns
📿: @mermaidmilynn
👙: @sirenallure
hand expression 在 江魔的魔界(Kong Keen Yung 江健勇) Facebook 的精選貼文
這是前些日子爆出已經被加拿大法院接理對藏傳佛教噶舉派法王的訟訴。(加拿大法院鏈接在此:https://www.bccourts.ca/jdb-txt/sc/21/09/2021BCSC0939cor1.htm?fbclid=IwAR2FLZlzmUIGTBaTuKPVchEqqngcE3Qy6G_C0TWNWVKa2ksbIYkVJVMQ8f8)
這位法王的桃色事件,我是幾年前才聽到。但,藏傳佛教的高層有這些性醜聞,我已經聽了幾十年。我以前的一位前女友也被一些堪布藉故上她的家摟抱過,也有一些活佛跟她表白。(這不只是她,其他地方我也聽過不少)
這是一個藏傳佛教裡面系統式的問題。
很多時候發生這種事情,信徒和教主往往都是說女方得不到寵而報仇,或者說她們也精神病,或者說她們撒謊。
我不排除有這種可能性,但,多過一位,甚至多位出來指證的時候,我是傾向於相信『沒有那麼巧這麼多有精神病的女人要撒謊來報仇』。
大寶法王的桃色事件,最先吹哨的是一位台灣的在家信徒,第二位是香港的女出家人,現在加拿大又多一位公開舉報上法庭。
對大寶法王信徒來說,這一次的比較麻煩,因為是有孩子的。(關於有孩子的,我早在法王的桃色事件曝光時,就有聽聞)
如果法庭勒令要驗證DNA,這對法王和他的信徒來說,會很尷尬和矛盾,因為做或不做,都死。
你若問我,我覺得『人數是有力量的』,同時我也覺得之後有更多的人站出來,是不出奇的。
我也藉此呼籲各方佛教徒,如果你們真的愛佛教,先別說批判,但如鴕鳥般不討論這些爭議,你是間接害了佛教。
(下面是我從加拿大法院鏈接拷貝下來的內容,當中有很多細節。)
Table of Contents
INTRODUCTION
BACKGROUND
ANALYSIS
A. The Spousal Support Claim in this Case
B. The Test to Amend Pleadings
C. Pleadings in Family Law Cases
D. The Legal Concept of a Marriage-Like Relationship
E. Is There a Reasonable Claim of a Marriage-Like Relationship?
F. Delay / Prejudice
CONCLUSION
INTRODUCTION
[1] The claimant applies to amend her notice of family claim to seek spousal support. At issue is whether the claimant’s allegations give rise to a reasonable claim she lived with the respondent in a marriage-like relationship, so as to give rise to a potential entitlement to spousal support under the Family Law Act, S.B.C. 2011, c. 25 (“FLA”).
[2] The facts alleged by the claimant do not fit within a traditional concept of marriage. The claimant does not allege that she and the respondent ever lived together. Indeed, she has only met the respondent in person four times: twice very briefly in a public setting; a third time in private, when she alleges the respondent sexually assaulted her; and a fourth and final occasion, when she informed the respondent she was pregnant with his child.
[3] The claimant’s case is that what began as a non-consensual sexual encounter evolved into a loving and affectionate relationship. That relationship occurred almost entirely over private text messages. The parties rarely spoke on the telephone, and never saw one another during the relationship, even over video. The claimant says they could not be together because the respondent is forbidden by his station and religious beliefs from intimate relationships or marriage. Nonetheless, she alleges, they formed a marriage-like relationship that lasted from January 2018 to January 2019.
[4] The respondent denies any romantic relationship with the claimant. While he acknowledges providing emotional and financial support to the claimant, he says it was for the benefit of the child the claimant told him was his daughter.
[5] The claimant’s proposed amendment raises a novel question: can a secret relationship that began on-line and never moved into the physical world be like a marriage? In my view, that question should be answered by a trial judge after hearing all of the evidence. The alleged facts give rise to a reasonable claim the claimant lived with the respondent in a marriage-like relationship. Accordingly, I grant the claimant leave to amend her notice of family claim.
BACKGROUND
[6] It should be emphasized that this is an application to amend pleadings only. The allegations by the claimant are presumed to be true for the purposes of this application. Those allegations have not been tested in a court of law.
[7] The respondent, Ogyen Trinley Dorje, is a high lama of the Karma Kagyu School of Tibetan Buddhism. He has been recognized and enthroned as His Holiness, the 17th Gyalwang Karmapa. Without meaning any disrespect, I will refer to him as Mr. Dorje in these reasons for judgment.
[8] Mr. Dorje leads a monastic and nomadic lifestyle. His true home is Tibet, but he currently resides in India. He receives followers from around the world at the Gyuto Monetary in India. He also travels the world teaching Tibetan Buddhist Dharma and hosting pujas, ceremonies at which Buddhists express their gratitude and devotion to the Buddha.
[9] The claimant, Vikki Hui Xin Han, is a former nun of Tibetan Buddhism. Ms. Han first encountered Mr. Dorje briefly at a large puja in 2014. The experience of the puja convinced Ms. Han she wanted to become a Buddhist nun. She met briefly with Mr. Dorje, in accordance with Kagyu traditions, to obtain his approval to become a nun.
[10] In October 2016, Ms. Han began a three-year, three-month meditation retreat at a monastery in New York State. Her objective was to learn the practices and teachings of the Kagyu Lineage. Mr. Dorje was present at the retreat twice during the time Ms. Han was at the monastery.
[11] Ms. Han alleges that on October 14, 2017, Mr. Dorje sexually assaulted her in her room at the monastery. She alleges that she became pregnant from the assault.
[12] After she learned that she was pregnant, Ms. Han requested a private audience with Mr. Dorje. In November 2017, in the presence of his bodyguards, Ms. Han informed Mr. Dorje she was pregnant with his child. Mr. Dorje initially denied responsibility; however, he provided Ms. Han with his email address and a cellphone number, and, according to Ms. Han, said he would “prepare some money” for her.
[13] Ms. Han abandoned her plan to become a nun, left the retreat and returned to Canada. She never saw Mr. Dorje again.
[14] After Ms. Han returned to Canada, she and Mr. Dorje began a regular communication over an instant messaging app called Line. They also exchanged emails and occasionally spoke on the telephone.
[15] The parties appear to have expressed care and affection for one another in these communications. I say “appear to” because it is difficult to fully understand the meaning and intentions of another person from brief text messages, especially those originally written in a different language. The parties wrote in a private shorthand, sharing jokes, emojis, cartoon portraits and “hugs” or “kisses”. Ms. Han was the more expressive of the two, writing more frequently and in longer messages. Mr. Dorje generally participated in response to questions or prompting from Ms. Han, sometimes in single word messages.
[16] Ms. Han deposes that she believed Mr. Dorje was in love with her and that, by January 2018, she and Mr. Dorje were living in a “conjugal relationship”.
[17] During their communications, Ms. Han expressed concern that her child would be “illegitimate”. She appears to have asked Mr. Dorje to marry her, and he appears to have responded that he was “not ready”.
[18] Throughout 2018, Mr. Dorje transferred funds in various denominations to Ms. Han through various third parties. Ms. Han deposes that these funds were:
a) $50,000 CDN to deliver the child and for postpartum care she was to receive at a facility in Seattle;
b) $300,000 CDN for the first year of the child’s life;
c) $20,000 USD for a wedding ring, because Ms. Han wrote “Even if we cannot get married, you must buy me a wedding ring”;
d) $400,000 USD to purchase a home for the mother and child.
[19] On June 19, 2018, Ms. Han gave birth to a daughter in Richmond, B.C.
[20] On September 17, 2018, Mr. Dorje wrote, ”Taking care of her and you are my duty for life”.
[21] Ms. Han’s expectation was that the parties would live together in the future. She says they planned to live together. Those plans evolved over time. Initially they involved purchasing a property in Toronto, so that Mr. Dorje could visit when he was in New York. They also discussed purchasing property in Calgary or renting a home in Vancouver for that purpose. Ms. Han eventually purchased a condominium in Richmond using funds provided by Mr. Dorje.
[22] Ms. Han deposes that the parties made plans for Mr. Dorje to visit her and meet the child in Richmond. In October 2018, however, Mr. Dorje wrote that he needed to “disappear” to Europe. He wrote:
I will definitely find a way to meet her
And you
Remember to take care of yourself if something happens
[23] The final plan the parties discussed, according to Ms. Han, was that Mr. Dorje would sponsor Ms. Han and the child to immigrate to the United States and live at the Kagyu retreat centre in New York State.
[24] In January 2019, Ms. Han lost contact with Mr. Dorje.
[25] Ms. Han commenced this family law case on July 17, 2019, seeking child support, a declaration of parentage and a parentage test. She did not seek spousal support.
[26] Ms. Han first proposed a claim for spousal support in October 2020 after a change in her counsel. Following an exchange of correspondence concerning an application for leave to amend the notice of family claim, Ms. Han’s counsel wrote that Ms. Han would not be advancing a spousal support claim. On March 16, 2020, counsel reversed course, and advised that Ms. Han had instructed him to proceed with the application.
[27] When this application came on before me, the trial was set to commence on June 7, 2021. The parties were still in the process of discoveries and obtaining translations for hundreds of pages of documents in Chinese characters.
[28] At a trial management conference on May 6, 2021, noting the parties were not ready to proceed, Madam Justice Walkem adjourned the trial to April 11, 2022.
ANALYSIS
A. The Spousal Support Claim in this Case
[29] To claim spousal support in this case, Ms. Han must plead that she lived with Mr. Dorje in a marriage-like relationship. This is because only “spouses” are entitled to spousal support, and s. 3 of the Family Law Act defines a spouse as a person who is married or has lived with another person in a marriage-like relationship:
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
[30] Because she alleges she has a child with Mr. Dorje, Ms. Han need not allege that the relationship endured for a continuous period of two years to claim spousal support; but she must allege that she lived in a marriage-like relationship with him at some point in time. Accordingly, she must amend the notice of family claim.
B. The Test to Amend Pleadings
[31] Given that the notice of trial has been served, Ms. Han requires leave of the court to amend the notice of family claim: Supreme Court Family Rule 8-1(1)(b)(i).
[32] A person seeking to amend a notice of family claim must show that there is a reasonable cause of action. This is a low threshold. What the applicant needs to establish is that, if the facts pleaded are proven at trial, they would support a reasonable claim. The applicant’s allegations of fact are assumed to be true for the purposes of this analysis. Cantelon v. Wall, 2015 BCSC 813, at para. 7-8.
[33] The applicant’s delay, the reasons for the delay, and the prejudice to the responding party are also relevant factors. The ultimate consideration is whether it would be just and convenient to allow the amendment. Cantelon, at para. 6, citing Teal Cedar Products Ltd. v. Dale Intermediaries Ltd. et al (1986), 19 B.C.L.R. (3d) 282.
C. Pleadings in Family Law Cases
[34] Supreme Court Family Rules 3-1(1) and 4-1(1) require that a claim to spousal support be pleaded in a notice of family claim in Form F3. Section 2 of Form F3, “Spousal relationship history”, requires a spousal support claimant to check the boxes that apply to them, according to whether they are or have been married or are or have been in a marriage-like relationship. Where a claimant alleges a marriage-like relationship, Form F3 requires that they provide the date on which they began to live together with the respondent in a marriage-like relationship and, where applicable, the date on which they separated. Form F3 does not require a statement of the factual basis for the claim of spousal support.
[35] In this case, Ms. Han seeks to amend the notice of family claim to allege that she and Mr. Dorje began to live in a marriage-like relationship in or around January 2018, and separated in or around January 2019.
[36] An allegation that a person lived with a claimant in a marriage-like relationship is a conclusion of law, not an allegation of fact. Unlike the rules governing pleadings in civil actions, however, the Supreme Court Family Rules do not expressly require family law claimants to plead the material facts in support of conclusions of law.
[37] In other words, there is no express requirement in the Supreme Court Family Rules that Ms. Han plead the facts on which she relies for the allegation she and Mr. Dorje lived in a marriage-like relationship.
[38] Rule 4-6 authorizes a party to demand particulars, and then apply to the court for an order for further and better particulars, of a matter stated in a pleading. However, unless and until she is granted leave and files the proposed amended notice of family claim, Ms. Han’s allegation of a marriage-like relationship is not a matter stated in a pleading.
[39] Ms. Han filed an affidavit in support of her application to amend the notice of family claim. Normally, evidence would not be required or admissible on an application to amend a pleading. However, in the unusual circumstances of this case, the parties agreed I may look to Ms. Han’s affidavit and exhibits for the facts she pleads in support of the allegation of a marriage-like relationship.
[40] Because this is an application to amend - and Ms. Han’s allegations of fact are presumed to be true - I have not considered Mr. Dorje’s responding affidavit.
[41] Relying on affidavit evidence for an application to amend pleadings is less than ideal. It tends to merge and confuse the material facts with the evidence that would be relied on to prove those facts. In a number of places in her affidavit, for example, Ms. Han describes her feelings, impressions and understandings. A person’s hopes and intentions are not normally material facts unless they are mutual or reasonably held. The facts on which Ms. Han alleges she and Mr. Dorje formed a marriage-like relationship are more important for the present purposes than her belief they entered into a conjugal union.
[42] Somewhat unusually, in this case, almost all of the parties’ relevant communications were in writing. This makes it somewhat easier to separate the facts from the evidence; however, as stated above, it is difficult to understand the intentions and actions of a person from brief text messages.
[43] In my view, it would be a good practice for applicants who seek to amend their pleadings in family law cases to provide opposing counsel and the court with a schedule of the material facts on which they rely for the proposed amendment.
D. The Legal Concept of a Marriage-Like Relationship
[44] As Mr. Justice Myers observed in Mother 1 v. Solus Trust Company, 2019 BCSC 200, the concept of a marriage-like relationship is elastic and difficult to define. This elasticity is illustrated by the following passage from Yakiwchuk v. Oaks, 2003 SKQB 124, quoted by Myers J. at para. 133 of Mother 1:
[10] Spousal relationships are many and varied. Individuals in spousal relationships, whether they are married or not, structure their relationships differently. In some relationships there is a complete blending of finances and property - in others, spouses keep their property and finances totally separate and in still others one spouse may totally control those aspects of the relationship with the other spouse having little or no knowledge or input. For some couples, sexual relations are very important - for others, that aspect may take a back seat to companionship. Some spouses do not share the same bed. There may be a variety of reasons for this such as health or personal choice. Some people are affectionate and demonstrative. They show their feelings for their “spouse” by holding hands, touching and kissing in public. Other individuals are not demonstrative and do not engage in public displays of affection. Some “spouses” do everything together - others do nothing together. Some “spouses” vacation together and some spend their holidays apart. Some “spouses” have children - others do not. It is this variation in the way human beings structure their relationships that make the determination of when a “spousal relationship” exists difficult to determine. With married couples, the relationship is easy to establish. The marriage ceremony is a public declaration of their commitment and intent. Relationships outside marriage are much more difficult to ascertain. Rarely is there any type of “public” declaration of intent. Often people begin cohabiting with little forethought or planning. Their motivation is often nothing more than wanting to “be together”. Some individuals have chosen to enter relationships outside marriage because they did not want the legal obligations imposed by that status. Some individuals have simply given no thought as to how their relationship would operate. Often the date when the cohabitation actually began is blurred because people “ease into” situations, spending more and more time together. Agreements between people verifying when their relationship began and how it will operate often do not exist.
[45] In Mother 1, Mr. Justice Myers referred to a list of 22 factors grouped into seven categories, from Maldowich v. Penttinen, (1980), 17 R.F.L. (2d) 376 (Ont. Dist. Ct.), that have frequently been cited in this and other courts for the purpose of determining whether a relationship was marriage-like, at para. 134 of Mother 1:
1. Shelter:
(a) Did the parties live under the same roof?
(b) What were the sleeping arrangements?
(c) Did anyone else occupy or share the available accommodation?
2. Sexual and Personal Behaviour:
(a) Did the parties have sexual relations? If not, why not?
(b) Did they maintain an attitude of fidelity to each other?
(c) What were their feelings toward each other?
(d) Did they communicate on a personal level?
(e) Did they eat their meals together?
(f) What, if anything, did they do to assist each other with problems or during illness?
(g) Did they buy gifts for each other on special occasions?
3. Services:
What was the conduct and habit of the parties in relation to:
(a) preparation of meals;
(b) washing and mending clothes;
(c) shopping;
(d) household maintenance; and
(e) any other domestic services?
4. Social:
(a) Did they participate together or separately in neighbourhood and community activities?
(b) What was the relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties?
5. Societal:
What was the attitude and conduct of the community toward each of them and as a couple?
6. Support (economic):
(a) What were the financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life (food, clothing, shelter, recreation, etc.)?
(b) What were the arrangements concerning the acquisition and ownership of property?
(c) Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship?
7. Children:
What was the attitude and conduct of the parties concerning children?
[46] In Austin v. Goerz, 2007 BCCA 586, the Court of Appeal cautioned against a “checklist approach”; rather, a court should "holistically" examine all the relevant factors. Cases like Molodowich provide helpful indicators of the sorts of behaviour that society associates with a marital relationship, the Court of Appeal said; however, “the presence or absence of any particular factor cannot be determinative of whether a relationship is marriage-like” (para. 58).
[47] In Weber v. Leclerc, 2015 BCCA 492, the Court of Appeal again affirmed that there is no checklist of characteristics that will be found in all marriages and then concluded with respect to evidence of intentions:
[23] The parties’ intentions – particularly the expectation that the relationship will be of lengthy, indeterminate duration – may be of importance in determining whether a relationship is “marriage-like”. While the court will consider the evidence expressly describing the parties’ intentions during the relationship, it will also test that evidence by considering whether the objective evidence is consonant with those intentions.
[24] The question of whether a relationship is “marriage-like” will also typically depend on more than just their intentions. Objective evidence of the parties’ lifestyle and interactions will also provide direct guidance on the question of whether the relationship was “marriage-like”.
[48] Significantly for this case, the courts have looked to mutual intent in order to find a marriage-like relationship. See, for example, L.E. v. D.J., 2011 BCSC 671 and Buell v. Unger, 2011 BCSC 35; Davey Estate v. Gruyaert, 2005 CarswellBC 3456 at 13 and 35.
[49] In Mother 1, Myers J. concluded his analysis of the law with the following learned comment:
[143] Having canvassed the law relating to the nature of a marriage-like relationship, I will digress to point out the problematic nature of the concept. It may be apparent from the above that determining whether a marriage-like relationship exists sometimes seems like sand running through one's fingers. Simply put, a marriage-like relationship is akin to a marriage without the formality of a marriage. But as the cases mentioned above have noted, people treat their marriages differently and have different conceptions of what marriage entails.
[50] In short, the determination of whether the parties in this case lived in a marriage-like relationship is a fact-specific inquiry that a trial judge would need to make on a “holistic” basis, having regard to all of the evidence. While the trial judge may consider the various factors listed in the authorities, those factors would not be treated as a checklist and no single factor or category of factors would be treated as being decisive.
E. Is There a Reasonable Claim of a Marriage-Like Relationship?
[51] In this case, many of the Molodowich factors are missing:
a) The parties never lived under the same roof. They never slept together. They were never in the same place at the same time during the relationship. The last time they saw each other in person was in November 2017, before the relationship began.
b) The parties never had consensual sex. They did not hug, kiss or hold hands. With the exception of the alleged sexual assault, they never touched one another physically.
c) The parties expressed care and affection for one another, but they rarely shared personal information or interest in their lives outside of their direct topic of communication. They did not write about their families, their friends, their religious beliefs or their work.
d) They expressed concern and support for one another when the other felt unwell or experienced health issues, but they did not provide any care or assistance during illness or other problems.
e) They did not assist one another with domestic chores.
f) They did not share their relationship with their peers or their community. There is no allegation, for example, that Mr. Dorje told his fellow monks or any of his followers about the relationship. There is no allegation that Ms. Han told her friends or any co-workers. Indeed, there is no allegation that anyone, with the exception of Ms. Han’s mother, knew about the relationship. Although Mr. Dorje gave Ms. Han’s mother a gift, he never met the mother and he never spoke to her.
g) They did not intend to have a child together. The child was conceived as a result of a sexual assault. While Mr. Dorje expressed interest in “meeting” the child, he never followed up. He currently has no relationship with the child. There is no allegation he has sought access or parenting arrangements.
[52] The only Molodowich factor of any real relevance in this case is economic support. Mr. Dorje provided the funds with which Ms. Han purchased a condominium. Mr. Dorje initially wrote that he wanted to buy a property with the money, but, he wrote, “It’s the same thing if you buy [it]”.
[53] Mr. Dorje also provided a significant amount of money for Ms. Han’s postpartum care and the child’s first year of life.
[54] This financial support may have been primarily for the benefit of the child. Even the condominium, Ms. Han wrote, was primarily for the benefit of the child.
[55] However, in my view, a trial judge may attach a broader significance to the financial support from Mr. Dorje than child support alone. A trial judge may find that the money Mr. Dorje provided to Ms. Han at her request was an expression of his commitment to her in circumstances in which he could not commit physically. The money and the gifts may be seen by the trial judge to have been a form of down payment by Mr. Dorje on a promise of continued emotional and financial support for Ms. Han, or, in Mr. Dorje’s own words, “Taking care of her and you are my duty for life” (emphasis added).
[56] On the other hand, I find it difficult to attach any particular significance to the fact that Mr. Dorje agreed to provide funds for Ms. Han to purchase a wedding ring. It appears to me that Ms. Han demanded that Mr. Dorje buy her a wedding ring, not that the ring had any mutual meaning to the parties as a marriage symbol. But it is relevant, in my view, that Mr. Dorje provided $20,000 USD to Ms. Han for something she wanted that was of no benefit to the child.
[57] Further, Ms. Han alleges that the parties intended to live together. At a minimum, a trial judge may find that the discussions about where Ms. Han and the child would live reflected a mutual intention of the parties to see one another and spend time together when they could.
[58] Mr. Dorje argues that an intention to live together at some point in the future is not sufficient to show that an existing relationship was marriage-like. He argues that the question of whether the relationship was marriage-like requires more than just intentions, citing Weber, supra.
[59] In my view, the documentary evidence referred to above provides some objective evidence in this case that the parties progressed beyond mere intentions. As stated, the parties appear to have expressed genuine care and affection for one another. They appear to have discussed marriage, trust, honesty, finances, mutual obligations and acquiring family property. These are not matters one would expect Mr. Dorje to discuss with a friend or a follower, or even with the mother of his child, without a marriage-like element of the relationship.
[60] A trial judge may find on the facts alleged by Ms. Han that the parties loved one another and would have lived together, but were unable to do so because of Mr. Dorje’s religious duties and nomadic lifestyle.
[61] The question I raised in the introduction to these reasons is whether a relationship that began on-line and never moved into the physical world can be marriage-like.
[62] Notably, the definition of a spouse in the Family Law Act does not require that the parties live together, only that they live with another person in a marriage-like relationship.
[63] In Connor Estate, 2017 BCSC 978, Mr. Justice Kent found that a couple that maintained two entirely separate households and never lived under the same roof formed a marriage-like relationship. (Connor Estate was decided under the intestacy provisions of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 ("WESA"), but courts have relied on cases decided under WESA and the FLA interchangeably for their definitions of a spouse.) Mr. Justice Kent found:
[50] The evidence is overwhelming and I find as a fact that Mr. Chambers and Ms. Connor loved and cared deeply about each other, and that they had a loving and intimate relationship for over 20 years that was far more than mere friendship or even so-called "friendship with benefits". I accept Mr. Chambers' evidence that he would have liked to share a home with Ms. Connor after the separation from his wife, but was unable to do so because of Ms. Connor's hoarding illness. The evidence amply supports, and I find as a fact, that Mr. Chambers and Ms. Connor loved each other, were faithful to each other, communicated with each other almost every day when they were not together, considered themselves to be (and presented themselves to be) "husband and wife" and were accepted by all who knew them as a couple.
[64] Connor Estate may be distinguishable from this case because Mr. Chambers and Ms. Connor were physically intimate for over 20 years, and presented themselves to the world as a married couple.
[65] Other decisions in which a marriage-like relationship has been found to exist despite the parties not living together have involved circumstances in which the couple lived under the same roof at previous points in the relationship, and the issue was whether they continued to be spouses after they took up separate residences: in Thompson v. Floyd, 2001 BCCA 78, the parties had lived together for a period of at least 11 years; in Roach v. Dutra, 2010 BCCA 264, the parties had lived together for approximately three years.
[66] However, as Mr. Justice Kent noted in Connor Estate:
[48] … [W]hile much guidance might be found in this case law, the simple fact is that no two cases are identical (and indeed they usually vary widely) and it is the assessment of evidence as a whole in this particular case which matters.
[67] Mr. Justice Kent concluded:
[53] Like human beings themselves, marriage-like relationships can come in many and various shapes. In this particular case, I have no doubt that such a relationship existed …
[68] As stated, Ms. Han’s claim is novel. It may even be weak. Almost all of the traditional factors are missing. The fact that Ms. Han and Mr. Dorje never lived under the same roof, never shared a bed and never even spent time together in person will militate against a finding they lived with one another in a marriage-like relationship. However, the traditional factors are not a mandatory check-list that confines the “elastic” concept of a marriage-like relationship. And if the COVID pandemic has taught us nothing else, it is that real relationships can form, blossom and end in virtual worlds.
[69] In my view, the merits of Ms. Han’s claim should be decided on the evidence. Subject to an overriding prejudice to Mr. Dorje, she should have leave to amend the notice of family claim. However, she should also provide meaningful particulars of the alleged marriage-like relationship.
F. Delay / Prejudice
[70] Ms. Han filed her notice of family claim on July 17, 2019. She brought this application to amend approximately one year and nine months after she filed the pleading, just over two months before the original trial date.
[71] Ms. Han’s delay was made all that more remarkable by her change in position from January 19, 2021, when she confirmed, through counsel, that she was not seeking spousal support in this case.
[72] Ms. Han gave notice of her intention to proceed with this application to Mr. Dorje on March 16, 2021. By the time the application was heard, the parties had conducted examinations for discovery without covering the issues that would arise from a claim of spousal support.
[73] Also, in April, Ms. Han produced additional documents, primarily text messages, that may be relevant to her claim of spousal support, but were undecipherable to counsel for Mr. Dorje, who does not read Mandarin.
[74] This application proceeded largely on documents selected and translated by counsel for Ms. Han. I was informed that Mandarin translations of the full materials would take 150 days.
[75] Understandably in the circumstances, Mr. Dorje argued that an amendment two months before trial would be neither just nor convenient. He argued that he would be prejudiced by an adjournment so as to allow Ms. Han to advance a late claim of spousal support.
[76] The circumstances changed on May 6, 2021, when Madam Justice Walkem adjourned the trial to July 2022 and reset it for 25 days. Madam Justice Walkem noted that most of the witnesses live internationally and require translators. She also noted that paternity may be in issue, and Mr. Dorje may amend his pleadings to raise that issue. It seems clear that, altogether apart from the potential spousal support claim, the parties were not ready to proceed to trial on June 7, 2021.
[77] In my view, any remaining prejudice to Mr. Dorje is outweighed by the importance of having all of the issues between the parties decided on their merits.
[78] Ms. Han’s delay and changes of position on spousal support may be a matter to de addressed in a future order of costs; but they are not grounds on which to deny her leave to amend the notice of family claim.
CONCLUSION
[79] Ms. Han is granted leave to amend her notice of family claim in the form attached as Appendix A to the notice of application to include a claim for spousal support.
[80] Within 21 days, or such other deadline as the parties may agree, Ms. Han must provide particulars of the marriage-like relationship alleged in the amended notice of family claim.
[81] Ms. Han is entitled to costs of this application in the cause of the spousal support claim.
“Master Elwood”
hand expression 在 CH Music Channel Youtube 的精選貼文
《夜の国》
トリル / Trill / 顫音
作詞 / Lyricist:aimerrhythm
作曲 / Composer:飛内将大
編曲 / Arranger:飛内将大、 玉井健二
歌 / Singer:Aimer
翻譯:CH(CH Music Channel)
意譯:CH(CH Music Channel)
English Translation: Genius Lyrics
背景 / Background - "Yuru no Kuni" scene :
https://i.imgur.com/qOHDm0q.png
上傳你的字幕吧!/ Submit your subtitles here!
https://forms.gle/MSsAM2WHpT31UuUh8
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Copyright Info:
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Please support the original creator.
すべての権利は正当な所有者/作成者に帰属します。あなたがこの音楽(または画像)の作成者で、この動画に使用されたくない場合はメッセージまたはこのYoutubeチャンネルの概要のメールアドレスにご連絡ください。私はすぐに削除します。
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Check my Facebook page for more information!
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中文翻譯 / Chinese Translation :
https://home.gamer.com.tw/creationDetail.php?sn=5264734
英文翻譯 / English Translation :
https://genius.com/Genius-english-translations-aimer-trill-english-translation-lyrics
日文歌詞 / Japanese Lyrics :
かすれた声のまま 消えた君は帰らないから
冷たい夜空のよう 闇の中 滲んでゆくこと
散らかったおもちゃや 吐き捨てたどろんこさえも
美しく輝く星屑を探してたんだね?
ミッドナイトにカスタネットを どうかするくらい鳴らして
It’s all rightとか いっそcryとか どうかしてるから言わないで
10日前から こんな毎日 過ごした程度で怖がって
Only oneのLonely night 眠れないまま
揺れるトレモロのように囁く言葉が
失くした記憶の灯火を そっと胸の奥で揺らめかせて
平気なんて嘘ばかりで
君は幻の翼で空に浮かんで 得意げな顔でおどける
ふいにふりしぼる その笑顔が さよならの合図なんだと わかっていた
明日になれば また この空は違って見えるかな?
大人になれば ただ 目を閉じて眠ってしまうかな?
繋がれた鎖や せわしない時計の針が
美しく輝く星屑を連れて行くんだね
交差点から高架線まで いっそライトは消し去って
It’s all rightとか いっそcryとか どうかしてるから言わないで
通り過ぎてく こんな毎日 過ごしてばっかじゃ ダメだって
Only oneのLonely night 聞こえてるかな?
君は瞬きと共に過ぎてく時間も 遠くから見てると微笑んで
夜がつきつける その明日を あの日見た絵本のように 愛していて
揺れるトレモロの夜にきらめく雫が 集めた奇跡を音にして
ずっと憧れてた 夢見ていた おやすみの合図のように
そして 思い出は二人の音を結んで 途切れないトリル奏でる
夜がつきつける その明日を あの日見た絵本のように
君を打ちつける その涙も 朝を待つ世界のように 愛していて
愛していて
中文歌詞 / Chinese Lyrics :
就算用嘶啞的聲音叫喊,但早已離去的你也回不來了啊
猶如冰冷刺骨的夜晚,漸漸滲入黑夜的死寂
但不論是四處散落的玩具,亦或被吐出口的泥濘
也曾探尋著美麗又璀璨生輝的星塵吧?
午夜時分的響板們啊,請盡你們所能地響徹鳴奏吧
「已經沒事了」、「盡情哭泣吧」,讓人難受就請別再說了
自十天前開始,每日都如此虛度光陰令我感到膽怯
在這孤單的無法入睡的夜晚,徹夜未眠
夜裡紛飛著,彷彿震音般的喃喃細語
幾時曾遺落的記憶燈火,靜靜地在這內心深處搖曳渲染
你總是撒下和煦平靜的謊言安撫此心
你展著虛幻的羽翼在空中翱翔,一臉得意地作伴嬉戲
不經意地竭盡哭喊,但我知道的啊,你那強顏歡笑,正是象徵離別的信號
倘若到了明天,還能看見這片不同的天空嗎?
倘若成了大人,閉上雙眼就能夠入眠了嗎?
但緊緊相繫的鎖鏈,亦或急忙奔走的時針
仍會帶著絢麗耀眼的繁星離去吧
自十字路口到高架鐵道,索性將所有光芒都抹去吧
「已經沒事了」、「盡情哭泣吧」,讓人難受就請別再說了
總是如此虛度光陰地度過每一日可不行啊
在這孤單的形單影隻的夜晚,你能聽見嗎?
與你共度的時光轉瞬即逝,但你仍會自遙遠的彼方面帶微笑守望
「哪怕漫漫長夜迎面而來、待至明日,仍將如那一天的繪本所描繪般,深愛著你。」
夜裡搖曳著,滴滴晶瑩剔透、熠熠生輝的震音,猶如匯聚而成的奇蹟樂章
我一直憧憬著、日夜夢著那聲響,聽來彷彿告別夜晚的信號
彼此的回憶令二人的聲音緊緊相繫,響徹永不停歇的顫音合奏
「哪怕漫漫長夜迎面而來、待至明日,仍將如那一天的繪本所描繪般——」
「那簌簌滴落你面頰的淚水,仍將如靜待黎明的世界般——深愛著你。」
「深愛著你。」
英文歌詞 / English Lyrics :
My voice is still hoarse since you disappeared, never to return
Inside darkness resembling a cold night sky, tears blur my eyes
As even within scattered toys and spilled mud, I'm searching
For beautiful, shining pieces of stardust
Somehow I'm able to ring the castanets at midnight
Whether it's all right or whether I'd rather cry, I'll manage somehow, so don't tell me
Ten days ago, the thought of spending, every day like this terrified me
Only one lonely night, I'm still unable to sleep
Like a wavering tremolo, the whispered words
Make forgotten memories, as torches, gently flicker in the depths of my chest
The seeming composure is just a lie
Lifted by wings of fantasy, you float in the sky, joking with an elated expression on your face
That smile in which you put forth your entire heart, somehow, I understood it was a sign of farewell
If tomorrow comes, will this sky look different then, too?
If I grow up, will I be able to fall asleep just by closing my eyes?
The chains linking us together, and the rushing hand of the clock
Are taking away with them the beautifully shining stardust
From the intersection to the overhead train, I'd rather the light wipe it all away
Whether it's all right or whether I'd rather cry, I'll manage somehow, so don't tell me
Though day after day passes, I can't just spend each one like this
Only one lonely night, will you be able to hear me?
You're in the twinkling of the stars as well as the past we shared, watching over me from afar and smiling
"When night confronts you in the coming days, like in those picture books we read back then, I'll always love you"
In the night with a wavering tremolo, the sparkling droplets. Cause the gathered miracles to let out a sound
Forever full of longing, I fell into dreams, as if it were a sign of farewell
Then, our memories tie our sounds together, playing a trill that will never come to an end
"When night confronts you in the coming days, like in the picture books we read back then"
"Even those tears which drip heavily from you now. just like a world waiting for morning, I'll always love all of you"
"I'll always love all of you"
hand expression 在 CH Music Channel Youtube 的最讚貼文
《魔道祖師 - 羨雲編》
cold rain
作詞 / Lyricist:aimerrhythm
作曲 / Composer:三橋隆幸
編曲 / Arranger:玉井健二、 百田留衣
歌 / Singer:Aimer
翻譯:澄野(CH Music Channel)
意譯:CH(CH Music Channel)
English Translation: CH(CH Music Channel)
背景 / Background - from the official MV:
https://i.imgur.com/9h47eUR.png
上傳你的字幕吧!/ Submit your subtitles here!
https://forms.gle/MSsAM2WHpT31UuUh8
版權聲明:
本頻道不握有任何音樂所有權,亦無任何營利,一切僅為推廣用途。音樂所有權歸原始創作者所有。請支持正版。
Copyright Info:
Be aware this channel is for promotion purposes only without any illegal profit. All music's ownership belongs to the original creators.
Please support the original creator.
すべての権利は正当な所有者/作成者に帰属します。あなたがこの音楽(または画像)の作成者で、この動画に使用されたくない場合はメッセージまたはこのYoutubeチャンネルの概要のメールアドレスにご連絡ください。私はすぐに削除します。
如果你喜歡我的影片,不妨按下喜歡和訂閱,你的支持就是我創作的最大原動力!
If you like my videos, please click like and subscribe! Thx :)
粉絲團隨時獲得最新訊息!
Check my Facebook page for more information!
https://www.facebook.com/chschannel/
中文翻譯 / Chinese Translation :
https://home.gamer.com.tw/creationDetail.php?sn=5143557
日文歌詞 / Japanese Lyrics :
When cold rain's falling from the sky
Will you stay by my side?
止まない雨に打たれ あなたは哭いていた
冷たいだけの詩に その瞳を逸らして
淡い夢に身を任せ 傍にいたかった
隠せない面影を手繰り寄せて 今 世界の隅で
Can you hear me now?
I'm here, alone 深く刺すほどに強くなれと願う
Hold my hand ただ描いたのは それぞれの道を選べる時
消えない炎の中で 季節は揺れていた
陽だまりに身を寄せた 春は過ぎ去って
深い夜の帳に堕ちる露が ただ白く煙る
And I'll figure out
なぜ 不確かな物ばかり 強く胸を焦がす
Cold rain まだ 拭えない正しさを 洗い流して If you're here…
Can you hear me now?
I'm here, alone 遠く雷鳴が強くなれと叫ぶ
Cold rain 今 白い雨が一輪の花を咲かせる時
花を咲かせるとき
中文歌詞 / Chinese Lyrics :
遙遙天穹篩落冷冽雨
你是否能伴我身?
淋打著不止歇的夏雨,與淚水一同流落你的臉龐
你別過眼神,僅望向冷若冰霜的詩詞
妥身予朦朧幻夢,僅渴望你待我身旁
試圖在現處的世界一隅,憶起、追循,毫無掩飾的真摯神情
你能否聽見我的呼喊?
佇此,哪怕孤身一人,內心仍深切地渴望能夠更堅強
請你緊握我的手,但為此所描繪的是,彼此能夠選擇各自道路前行之時
永不熄滅的焰火之中,季節悄悄搖曳更迭
置身於烈陽之下,意覺春意闌珊
深夜帷幕之中降下的雨露,僅成縷縷白漫雲煙,飄散
我將持續探尋
為何,不確實的種種,使此心焦灼難安
只要你伴我身旁,哪怕是難以抹滅的正確,也任由冷冽的夏雨肆意洗刷一切
你能聽見我的聲音嗎?
我在這啊,即使形單影隻,響徹遠方的雷鳴卻彷彿正呼喊著堅強
冷冽的白雨,如今,正靜待著止歇,使花朵綻開時
待雨後繁花錦簇時
英文歌詞 / English Lyrics :
When cold rain's falling from the sky
Will you stay by my side?
Drenched by the unceasing rain, you were crying.
Looking away from the cold poem.
I gave myself to a faint dream, hoping you to stay by my side.
I'm hauling the expression that can't hide now, in the corner of the world.
Can you hear me now?
I'm here, alone. The deeper you stab, the more I hope to be stronger.
Hold my hand. The only thing I drew is nothing but the time when we can choose our own way.
Within the unstoppable flame, seasons were swaying.
The spring that depending on the sun has passed.
The dew that falls from the curtain of the deep night sky, looks nothing but misty white.
And I'll figure out.
The reason why these uncertain things strongly burn my heart.
Cold rain. Please rinse away the truth and correctness that still can't be wiped. If you're here…
Can you hear me now?
I'm here, alone. The distant thunder is roaring as if asking me to be stronger.
Cold rain, is now waiting for the time that the white rain to bloom the flower.
Waiting for the time flowers bloom.
hand expression 在 Hello Catie Youtube 的最佳解答
訂閱Hello Catie▸▸ http://bit.ly/2mnhqLL
(記得開啟小鈴鐺,才能第一時間收看影片唷)
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以下都能滿額免運國際運送至台灣喔
我最愛用的刷具品牌▸ http://bit.ly/2korAeu
最好買的美系彩妝網站 ▸ https://bit.ly/3fVo3M7
8-6折價買精品▸ http://bit.ly/2kxTRQ4 (免運活動會不定期出現)
🌼 影片中提到的東西 ⇊ ---------------------------------------------------
00:56 https://bit.ly/36c3jxF
Hera
Glow Lasting Foundation
SPF25 PA++ 35ml
02:12 https://bit.ly/3j839Lt
Jeffree Star Cosmetics
MAGIC STAR LUMINOUS SETTING POWDER
Natural/Rose
這個越用越喜歡,定妝效果也很好
控油力一小點點,沒有很強但還是有
重點是打造的妝效極美
04:15 https://jaclyncosmetics.com/
Jaclyn Cosmetics
MOOD LIGHT LUMINOUS POWDER
Dew Me
05:33 https://bit.ly/2S1GX9V
SUQQU
Powder Blush Compact
這也是越用越喜歡,腮紅顏色都太實用了
單色換算下來根本開架價格欸
07:41 https://bit.ly/343ErWs
Jouer
Champagne & Macaron Face Palette
Sweet cheeks / Cheeky crush
10:56
Jeffree Star Cosmetics
MINI ORGY EYESHADOW PALETTE
12:17
ORGY EYESHADOW PALETTE
13:55 https://bit.ly/3j7Qc4t
Pat McGrath
Mothership Rose Decadence Eyeshadow Palette
15:44 https://bit.ly/3n5wXei
Charlotte TilburyLUXURY PALETTE
WALK OF NO SHAME
20:06
Colourpop
wild nothing shadow palette
garden variety shadow palette
desert days jelly much shadow
mojave moves jelly much shadow
face mist
21:52
裕珍馨紫芋酥
26:14 https://bit.ly/2GaFlbh
Charlotte Tilbury
AIRBRUSH FLAWLESS SETTING SPRAY
定妝有感,保濕有感
這個很可以!!
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Hera
Sensual Spicy Nude Gloss
462 422 105
SENSUAL SPICY NUDE VOLUME MATTE
166 435
31:34 https://bit.ly/36c4pcL
La Mer
Genaissance de la Mer The Eye & Expression Cream
創世紀原晶眼部精華霜
擦眼霜將近20年,用過好幾十款眼霜
唯一用到真的「除皺」有感的眼霜
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Aesop Resurrection Hand Cleanser and Balm Duet
賦活手部清潔二重奏
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BYREDO
Rose Of No Man's Land
無人之境淡香精
35:58
Costco
仙人掌10入組
37:04
HERMES
Volver 60 ankle boot
39:22
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BLOOMING 柔軟項鏈
🌼 身上穿的東西 ⇊ --------------------------------------------------
直條襯衫是Mango的,料子超好 不過是去年買的了...
耳環是lionmango的 https://www.lionmango.com.tw/ 我沒找到商品連結
有興趣的可以直接截圖私訊問他們
❤️ More Catie ⇊ ---------------------------------------------------
FB: https://www.facebook.com/hellocatie45
IG: https://instagram.com/hellocatie45/
微博: http://weibo.com/u/5857005306
商業邀稿For business inquiries ▸▸ byumoe88@gmail.com (business only!!)
Hope you enjoy this video!
XO - Catie
📒 FAQ ⇊ ---------------------------------------------------
What camera do you use使用的相機: Canon 80D
What's your skin type我的膚質: Normal to dry中性(眼下偏乾)
⚠️DISCLAIMER:
This is NOT a sponsored video! Some of the links are affiliated.
這"不是"合作影片, 說明欄裡包含分潤連結
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