26 Mar 2023法庭線#6214
Hong Kong Alliance refusal-to-provide-information case | National Security Department investigation report and documents submitted as evidence revealed, many pages redacted, brief account of June 4
支聯會拒交資料案 2023 年 3 月在裁判法院審結，前副主席鄒幸彤、前常委鄧岳君和徐漢光 3 人罪成，判囚 4.5 個月。《國安法》指定法官、主任裁判官羅德泉頒下裁決理由書，以附件方式披露 3 份呈堂證物的複印本，令國安處調查支聯會報告首度曝光。
審訊期間，控方獲法庭批准以公眾利益豁免權（PII）為由，遮蓋報告的部分內容，並以代號標示相關組織及人士。曝光的報告顯示，28 頁中 22 頁有塗黑，部分是整頁塗黑。
調查報告亦顯示，國安處分析支聯會背景及綱領，包括六四晚會等在港活動及講者發言，並指出其屬「外國代理人」。報告亦簡短交代六四，稱中央政府「安排清場」、「四二六社論有效定性」，而劉曉波等 4 人發布的〈六二絕食宣言〉「煽動他人加入絕食行動」等。
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China refusal-to-provide-information case concluded at the Magistrates’ Court in March 2023. Former vice-chairwoman Chow Hang-tung and former standing committee members Tang Ngok Kwan and Hon Kwong Tsui were convicted and sentenced to 4.5 months’ imprisonment. In written reasons for judgment, designated National Security Law judge and Chief Magistrate Lo Tak-chuen disclosed copies of three exhibits by way of appendices, bringing the National Security Department’s investigation report on the Hong Kong Alliance to light for the first time.
During the trial, the prosecution obtained the court’s approval to redact parts of the report on the grounds of public interest immunity (PII), and used code names to identify the relevant organisations and individuals. The report that was revealed shows that 22 of its 28 pages contain blacked-out material, with some pages redacted in their entirety.
The investigation report also shows that the National Security Department analysed the Hong Kong Alliance’s background and platform, including activities held in Hong Kong such as the June 4 candlelight vigil and speeches by speakers, and stated that it was a “foreign agent”. The report also gave a brief account of June 4, saying that the Central Government “arranged to clear the area”, that the “April 26 editorial effectively defined the matter”, and that the “June 2 Hunger Strike Declaration” issued by Liu Xiaobo and three others “incited others to join the hunger strike action”, among other points.
25 Mar 2023法庭線#6210
9.29 Admiralty｜12 convicted of rioting sentenced to 4 years to 5 years 3 months｜Judge: Scene like a small battlefield, challenge to government plain to see
2019 年 9 月 29 日「全球反極權遊行」期間，金鐘爆發警民衝突，共 96 人被控暴動。其中一宗涉 12 人的案件，其中 10 人認罪，包括一名急症室醫生，另外 2 人受審後被裁定罪成，周六（25 日）在區域法院分別被判監 4 年至 5 年 3 個月。
暫委法官鄭紀航判刑時指，案發當日現場如「小型戰場」，有人投擲汽油彈、硬物、設「傘陣」，暴動雖僅歷時 20 多分鐘，但直至警方衝出政府總部驅散前，暴動毫無收斂跡象。法官指，政總是政府運作的核心，示威者挑戰政府的意味昭然若揭。
During the “Global Anti-Totalitarian March” on 29 September 2019, clashes between police and protesters broke out in Admiralty. A total of 96 people were charged with rioting. In one case involving 12 people, 10 of them, including an accident and emergency doctor, pleaded guilty, while the other two were convicted after trial. They were sentenced at the District Court on Saturday (25th) to between 4 years and 5 years 3 months in prison. In sentencing, Deputy District Judge CHEANG Kei Hong said the scene that day resembled a “small-scale battlefield”, with people throwing petrol bombs and hard objects and forming “umbrella formations”. Although the riot lasted for only a little over 20 minutes, there had been no sign of it subsiding before police charged out from the Central Government Offices to disperse the crowd. The judge said that the Central Government Offices were at the core of government operations and that the protesters’ intention to challenge the government was plainly evident.
24 Mar 2023法庭線#6204
CUHK powder-spraying case | Owen Au Cheuk-hei and another acquitted of unlawful assembly; magistrate says clothing was not distinctive and they were not arrested at the scene
2021 年 1 月 11 日，即中大第二學期的開課日，有人在大學出入口保安檢測站，呼籲其他學生進入校園時不必出示學生證，期間涉向保安撒粉及推倒保安站欄杆。前中大學生會會長區倬僖及 2 名學生否認一項「非法集結」罪，其中 1 被告早前獲判表證不成立，其餘 2 人周五（24 日）在沙田裁判法院，被裁定罪名不成立，區另申請訟費獲批。
On 11 January 2021, the first day of the Chinese University of Hong Kong’s second semester, someone at a security checkpoint at a university entrance called on students not to show their student cards when entering the campus. During the incident, powder was allegedly thrown at security guards and a barrier at the security station was knocked down. Former CUHK Student Union president Owen Au Cheuk-hei and two students denied one charge of unlawful assembly. One defendant had earlier been found to have no case to answer. The other two were acquitted at Sha Tin Magistrates’ Courts on Friday (the 24th), and a separate application for costs was granted.
23 Mar 2023法庭線#6200
Immigration officer acquitted over alleged use of fake LeaveHomeSafe app to enter Wan Chai Immigration Tower; judge says ground floor had no separate QR code
政府規定 2021 年 11 月 1 日起，凡進入政府處所均須掃描「安心出行」二維碼，5 人包括 3 名公務員涉在灣仔入境事務大樓使用假「安心」程式被控，其中 34 歲入境事務主任否認「侵入公共機關管轄或管理的物業單位」罪，裁判官何慧嫻周四（23 日）在東區裁判法院裁定被告罪名不成立，被告獲當場釋放。控方指，被告在大堂使用「安心出行」截圖「侵入」入境大樓。
The Government required everyone entering government premises to scan a LeaveHomeSafe QR code from November 1, 2021. Five people, including three civil servants, were charged with allegedly using a fake LeaveHomeSafe app at the Wan Chai Immigration Tower. An immigration officer, aged 34, denied the charge of "trespassing on premises under the control or management of a public authority". Magistrate Vivian Wai Han Ho ruled on Thursday (23rd) at the Eastern Magistrates' Courts that the defendant was not guilty and released him in court. The prosecution said the defendant had "trespassed" into the Immigration Tower by using a LeaveHomeSafe screenshot in the lobby.
23 Mar 2023法庭線#6202
Hong Kong Alliance information refusal case | Chow Hang-tung, Tang Ngok Kwan, Hon Kwong Tsui appeal against convictions and/or sentences
原審《國安法》指定法官、主任裁判官羅德泉判刑時指，國家安全尤關重要，判刑須確保反映到法律維護國安的決心。3 被告於判刑後申請保釋等候上訴，羅最終准鄧、徐以原有條件保釋。鄒幸彤則再次指保釋條件有礙表達自由並拒絕接受。
At sentencing, Lo Tak-chuen, the designated National Security Law judge and Chief Magistrate in the original trial, said that national security was of particular importance and that the sentences must ensure that the law’s determination to safeguard national security was reflected. After sentencing, the three defendants applied for bail pending appeal. Lo ultimately granted Tang and Tsui bail on their existing conditions. Chow Hang-tung again said that the bail conditions impeded freedom of expression and refused to accept them.
23 Mar 2023法庭線#6203
42-Year-Old Man Convicted of 9 Charges After Visiting Maxim’s MX, Yoshinoya and Taking MTR Following Positive Test; Jailed 7 Months and 15 Days
裁判官李志豪判刑時稱，當時正值第五波疫情的陰霾，死亡人數高，醫療資源緊絀。政府需使用大量公帑，保障市民生命，惟確診人數急升，斥被告行為「極度卑劣自私」，或令特區政府的努力付諸流水。裁判官指，被告的一己私欲，影響無數無辜市民生活，令復常道路更崎嶇。
沒有律師代表的被告現時正就另案服刑。他聞判後，申請保釋外出等候上訴，並重申他原本就此案獲保釋，稱希望上訴庭釐清本案的爭議，又透露將在 7 月服刑完畢，屆時會尋找律師協助，但最終遭裁判官拒絕。
In sentencing, magistrate Juleus Chee Ho Lee said the case occurred under the shadow of the fifth wave of the pandemic, when the death toll was high and medical resources were stretched. The government had to spend substantial public funds to protect residents’ lives, while the number of confirmed cases was rising sharply. The magistrate condemned the defendant’s conduct as “extremely despicable and selfish”, saying it could undo the efforts of the Hong Kong SAR Government. The magistrate said the defendant’s personal desires had affected the lives of countless innocent residents and made the road to a return to normality more difficult.
The unrepresented defendant is currently serving a sentence in another case. After the sentence was handed down, he applied for bail pending an appeal. He reiterated that he had originally been granted bail in this case, said he hoped the appellate court would clarify the dispute, and disclosed that he would complete his sentence in July and then seek a lawyer’s assistance. The magistrate ultimately rejected the application.
21 Mar 2023法庭線#6184
Taxi driver “private settlement” case: 32-year-old man who pleaded guilty to rioting and other offences has sentence increased from 3 years to 4 years 1 month
答辯方認為，原審法官參考現場片段後，有足夠基礎得出暴動是偶發性的結論，並經考慮張當時的衣著等情況，裁定他無意圖參與非法集結，量刑起點並非明顯不足；即使上訴庭覺得「判輕咗」，亦不一定運用酌情權加刑。
上訴庭法官彭偉昌、潘敏琦及彭寶琴聽畢陳詞後，即日裁定原審判刑屬明顯過輕，及或有原則上犯錯必須糾正，改判囚 4 年 1 個月。答辯人聞判後一度垂下頭。
The defence argued that, after considering footage from the scene, the trial judge had sufficient grounds to conclude that the riot was spontaneous. Having also considered circumstances including Cheung’s clothing at the time, the judge found that he had no intention of participating in an unlawful assembly, and that the sentencing starting point was not manifestly inadequate. Even if the Court of Appeal considered the sentence “too lenient”, it was not necessarily required to exercise its discretion to increase it.
After hearing submissions, Court of Appeal judges Poon Wai-cheong, [[潘敏琦]], and [[彭寶琴]] ruled the same day that the original sentence was manifestly inadequate and/or involved errors of principle that had to be corrected, and increased the sentence to 4 years 1 month in prison. The respondent lowered his head for a time after the sentence was handed down.
21 Mar 2023獨媒#6186
National security police arrest Albert Ho while on bail and take him away handcuffed
警方國安處拘捕何俊仁，指涉嫌保釋期間干擾證人。他今早約11時，被警方從天后住所押走，他雙手被鎖上手扣。
The Police National Security Department arrested Albert Ho, alleging that he had interfered with witnesses while on bail. At about 11am this morning, police escorted him from his residence in Tin Hau with his hands handcuffed.
20 Mar 2023法庭線#6179
Fugitive Offenders Ordinance | Rival bills committees lead to privileges-law charges; Lam Cheuk-ting allowed to cancel bail, pre-trial hearing on June 15
立法會 2019 年審議《逃犯條例》修訂法案，建制派及民主派分別派員爭奪法案委員會主席之位，最後「鬧雙胞」。同年 5 月，建制派護送獲推舉的石禮謙開會時，被多名民主派議員阻止，其後 7 名民主派議員被控違反《立法會（權力及特權）條例》。
當中正因「47 人案」被還押的時任立法會議員林卓廷周一（20 日）在西九龍裁判法院申請取消他在本案中的保釋，獲主任裁判官羅德泉批准，並發還本案 500 元保釋金，案件將於 6 月 15 日進行預審。林被帶入羈留室前，旁聽人士高呼「加油」，林微笑揮手回應。
In 2019, the Legislative Council considered amendments to the Fugitive Offenders Ordinance. The pro-establishment and pan-democratic camps each fielded members to compete for the chairmanship of the Bills Committee, resulting in two rival committees. In May that year, when pro-establishment lawmakers escorted Abraham Razack, who had been elected chairman, to a meeting, several pan-democratic lawmakers prevented him from proceeding. Seven pan-democratic lawmakers were subsequently charged with violating the Legislative Council (Powers and Privileges) Ordinance.
Among them, Lam Cheuk-ting, a then Legislative Council member who is currently remanded in custody over the “47-person case”, applied on Monday (20th) at West Kowloon Magistrates’ Courts to cancel his bail in this case. Chief Magistrate Law Tak-chuen approved the application and returned the HK$500 bail money. The case will undergo a pre-trial hearing on June 15. Before Lam was taken to the holding cell, people in the public gallery shouted, “Keep it up!”, and Lam responded with a smile and a wave.
16 Mar 2023獨媒#6170
Pakistani man loses judicial review over smart prison; judge says law will be amended to tighten controls at Castle Peak Bay
一名犯搶劫罪的巴基斯坦籍男子，刑滿後被關押在青山灣入境事務中心，其後轉移至「智慧監獄」大潭峽懲教所。巴漢不滿大潭峽需要通櫃、驗尿、電話被監聽儲存、閉路電視有人臉識別等，認為與青山灣設施有差別待遇，早前入稟司法覆核要求即時獲釋，不過被法官高浩文駁回。本案是首宗針對智慧監獄的司法覆核，法官今頒下判詞，指關押在大潭峽人士全部有案底，部分犯下謀殺或強姦等嚴重罪行，需要更嚴格看管，他又不認為制度上或實際運作上，兩所設施對關押者構成非法不公平。
A Pakistani man convicted of robbery was detained at the Castle Peak Bay Immigration Centre after completing his sentence, and was later transferred to the smart prison at Tai Tam Gap Correctional Institution. He complained that Tai Tam Gap required searches of his locker, urine tests, the monitoring and storage of telephone calls, and facial recognition by closed-circuit television, which he said amounted to differential treatment compared with the facilities at Castle Peak Bay. He earlier filed for judicial review seeking immediate release, but the application was dismissed by Judge Ko Ho-man. In handing down judgment today in the first judicial review concerning a smart prison, the judge said that all those detained at Tai Tam Gap had criminal records, with some having committed serious offences including murder or rape, and therefore required stricter supervision. He also did not consider that the two facilities imposed unlawful unequal treatment on detainees, either institutionally or in practice.
Translations are supplied by the source workbook. Consult the original reporting for context.
