10 Nov 2022法庭線#5700
Man’s Judicial Review over Vaccine Pass Arrangement Rejected; Appeal Also Dismissed
政府於 2022 年 2 月擴大「疫苗通行證」使用範圍，一名沒打疫苗的市民不滿政策，向高等法院提司法覆核被拒，他不服決定提上訴。上訴庭周四（10 日）頒下判詞駁回上訴，並頒令男子須付訟費。
上訴庭在判詞指，男子沒有在司法覆核申請書中，陳述任何在法律上認可的濟助，亦未能指出原審判決有任何法律上錯誤之處；在上訴通知書沒有依規定扼要列舉上訴理由，而是附上 11 份附件，並聲稱「大家的事情不清楚，希望大家可以去終審法院法庭見面說清楚」，認為明顯缺乏理據。
The Government expanded the scope of the Vaccine Pass in February 2022. An unvaccinated man dissatisfied with the policy applied to the High Court for judicial review, but his application was rejected. He appealed the decision. On Thursday (10th), the Court of Appeal handed down its judgment dismissing the appeal and ordered the man to pay the costs.
The Court of Appeal said in its judgment that the man had not stated in his judicial review application any legally recognised relief, nor had he identified any error of law in the lower court’s judgment. In his notice of appeal, he had not set out the grounds of appeal concisely as required, but had attached 11 annexes and stated: “The matter concerning everyone is unclear. I hope everyone can meet at the Court of Final Appeal to explain it clearly.” The court considered that the appeal plainly lacked merit.
10 Nov 2022法庭線#5701
First conviction under National Anthem Law; online media reporter jailed for 3 months after admitting waving British colonial flag during anthem at shopping mall
2021 年 7 月 26 日，港隊奧運劍擊代表張家朗奪金，網媒記者「美娜」梁恩寧被指在觀塘 APM 商場直播賽事、播放國歌期間，高舉英殖旗幟，被控一項侮辱國歌罪。她周四（10 日）在觀塘裁判法院認罪，被判監禁 3 個月。本案為《國歌法》生效後，首宗定罪案件。
On 26 July 2021, after Hong Kong Olympic fencer Cheung Ka-long won gold, online media reporter “Mei Na” Leung Yan-ning was accused of raising a British colonial flag at Kwun Tong APM shopping mall while livestreaming the event and the national anthem was being played. She was charged with one count of insulting the national anthem. She pleaded guilty at Kwun Tong Magistrates’ Court on Thursday (10th) and was sentenced to three months’ imprisonment. The case was the first conviction after the National Anthem Law came into effect.
9 Nov 2022法庭線#5696
18-year-old student accused of hiding spray paint in Sau Mau Ping in 2019 charged more than two and a half years later; pleads not guilty, trial to begin on January 26 next year
一名現年 18 歲學生，被指於 2019 年 12 月，於反修例運動期間，在秀茂坪順利商場行人天橋外藏有 2 罐噴漆，以摧毀商場一幅牆，案發時 15 歲。事隔近兩年半後，被控一項管有物品意圖摧毀財產罪。
An 18-year-old student, who was 15 at the time, was accused of hiding two cans of spray paint outside a footbridge at Shun Lee Shopping Centre in Sau Mau Ping in December 2019, during the anti-extradition bill movement, with the intention of destroying a wall at the shopping centre. Nearly two and a half years later, the student was charged with one count of possessing an article with intent to destroy property.
8 Nov 2022法庭線#5690
Citizens’ Radio street booth supporting people in custody charged with displaying posters on government land without permission; Tsang Kin-shing: Never needed to apply
社民連曾健成（阿牛）及另外兩名民間電台義工，被指於今年 5 月，在銅鑼灣擺設街站聲援在囚人士，3 人各被票控一項「未經准許而在政府土地展示／張貼招貼或海報」罪，分成 3 宗案件﹐周二（8 日）在東區裁判法院首次提堂。三人沒有律師代表，親自應訊。曾健成形容，本案檢控不尋常，他多年來擺街站都不需申請，申請押後索取法律意見。裁判官何慧嫻把案件押後至 2023 年 1 月 31 日再訊。
League of Social Democrats member Tsang Kin-shing (Ah Ngau) and two other Citizens’ Radio volunteers were accused of setting up a street booth in Causeway Bay in May this year to support people in custody. Each of the three was charged by summons with one count of “displaying/posting bills or posters on government land without permission”, in three separate cases. The cases first came before Eastern Magistrates’ Court on Tuesday (8th). The three appeared in person without legal representation. Tsang Kin-shing said the prosecution was unusual, as he had never needed to apply for permission to set up street booths over the years, and applied for an adjournment to seek legal advice. Magistrate Vivian Wai Han Ho adjourned the cases until 31 January 2023 for a further hearing.
7 Nov 2022獨媒#5679
Border checkpoint explosives case: 7 additionally charged with bomb offence punishable by life imprisonment; second anti-terrorism case arising from anti-extradition bill protests
2020年1月27日明愛醫院公廁、1月28日深圳灣口岸公廁及2月2日羅湖港鐵車廂，分別被發現爆炸品，事後有 Telegram 頻道承認責任，要求港府「全面封關」。6人被控「串謀導致爆炸」等罪，另有2人事隔兩年被起訴，今（7日）在東區法院再提訊。7人被加控一項《聯合國（反恐怖主義措施）條例》中「對訂明標的的爆炸的禁制罪」，最高可囚終身，而原本的控罪改為交替控罪，案件將正式交付高等法院。本案為反修例事件以來，第二宗被律政司以《反恐佈主義》條例起訴的案件。
Explosives were found in a public toilet at Caritas Medical Centre on 27 January 2020, a public toilet at Shenzhen Bay Port on 28 January, and an MTR train compartment at Lo Wu on 2 February. A Telegram channel later claimed responsibility and demanded that the Hong Kong government “fully close the border”. Six people were charged with conspiracy to cause explosions and other offences, while two others were prosecuted two years later. The case was mentioned again at Eastern Magistrates’ Courts today (the 7th). Seven people were additionally charged with an offence under the United Nations (Anti-Terrorism Measures) Ordinance prohibiting explosions targeting prescribed targets, which carries a maximum sentence of life imprisonment. The original charges were amended to alternative charges, and the case will formally be committed to the High Court. This is the second case since the anti-extradition bill protests in which the Department of Justice has brought charges under the anti-terrorism ordinance.
7 Nov 2022法庭線#5682
Tsuen Wan shooting victim Tsang Chi Kin Tsang Chi-kin and three others arrested in Sai Kung in July charged with perverting course of justice
警方 2022 年 7 月在西貢北潭涌拘捕 4 名涉及反修例案男子，涉嫌沒有按照法庭指令歸押，包括在荃灣中槍的「健仔」曾志健。事隔近 4 個月，4 人被控一項「作出一項或一連串傾向並意圖妨礙司法公正的作為」，周一（7 日）在西九龍裁判法院首度提堂。
Police arrested four men at Pak Tam Chung in Sai Kung North in July 2022 in connection with an anti-extradition bill case, suspected of failing to return to custody in accordance with court orders. They included Tsang Chi-kin, "Tsang Chi Kin", who was shot in Tsuen Wan. Nearly four months later, the four were charged with one count of "doing an act or a series of acts tending and intended to pervert the course of justice". They appeared for the first time at West Kowloon Magistrates' Courts on Monday (7th), and the case was adjourned to early 2023 for mention.
7 Nov 2022法庭線#5684
Kwok Cheuk-kin mounts fresh judicial review challenge to Vaccine Pass and LeaveHomeSafe, says COVID-19 no longer an emergency disease
「長洲覆核王」郭卓堅早前於「免針紙」司法覆核案勝訴，政府之後修例，賦權醫衞局局長可廢除免針紙，郭遂入稟高院要求法院推翻新例被駁回。郭卓堅周一（7 日）第三度入稟高等法院，要求法庭取消現行的「疫苗通行證」及「安心出行」政策。
Kwok Cheuk-kin, known as the “Cheung Chau judicial review king”, previously won a judicial review over vaccine exemption certificates. The government subsequently amended the law to empower the Secretary for Health to invalidate such certificates, after which Kwok’s application to the High Court seeking to overturn the amendment was dismissed. On Monday (7th), Kwok filed his third application with the High Court, asking the court to cancel the current Vaccine Pass and LeaveHomeSafe policies. He said COVID-19 was no longer an emergency disease and that the policies were contrary to the original legislative intent.
7 Nov 2022法庭線#5686
Appeal by Choy Yuk Ling, Bao dismissed over conviction for checking a licence plate while covering 7.21 attack: “I have a clear conscience; I would still make the same decision today”
港台《鏗鏘集》前編導蔡玉玲，因採訪元朗 7.21 襲擊查車牌，2021 年被裁定兩項「虛假陳述」罪罪成。蔡不服定罪向高院提出上訴，法官李運騰周一（7 日）頒下書面判詞，駁回蔡的上訴，維持原判。
Former RTHK《Hong Kong Connection》producer-director Choy Yuk Ling, Bao was convicted in 2021 of two counts of “false statement” after checking a vehicle licence plate while covering the Yuen Long 7.21 attack. Choy appealed the conviction to the High Court. Judge Li Wan-tung handed down a written judgment on Monday (7th), dismissing Choy’s appeal and upholding the original ruling.
7 Nov 2022法庭線#5688
Hong Kong Alliance information refusal case | Judge rules prosecution need not further disclose PII-protected material; Lo Tak-chuen says fair-trial requirements now met
支聯會被指拒按警方國安處要求提交資料案，前副主席鄒幸彤等 3 人否認控罪，周一（7日）在西九龍裁判法院踏入第 6 日審訊，續由鄒盤問負責調查支聯會的國安處署理高級警司洪毅，爭議國安處發出「遞交資料通知書」的必要性。
在第 4、5 日審訊時，鄒幸彤因盤問時多次被控方以涉「公眾利益豁免權」（PII）為由反對而打斷。鄒遂提出重新檢視（review） PII 申請，要求控方披露更多受保護資料。
國安法指定法官羅德泉，周一裁定控方毋須再披露資料，指考慮申請及最新情況後，認為現階段已滿足公平審訊，但稱此裁定非最後定論，辯方仍可申請再檢視。
In the case in which the Hong Kong Alliance in Support of Patriotic Democratic Movements of China was accused of refusing to submit information requested by the Police National Security Department, three people including former vice-chairperson Chow Hang-tung denied the charges. The trial entered its sixth day at West Kowloon Magistrates’ Courts on Monday (7th), with Chow continuing to cross-examine Hung Ngai, the acting senior superintendent of the National Security Department responsible for investigating the Alliance. The necessity of the department’s issuance of a “Notice to Provide Information” remained in dispute.
During the fourth and fifth days of the trial, Chow was repeatedly interrupted while cross-examining after the prosecution objected on the grounds that the matters involved “public interest immunity” (PII). Chow subsequently applied for a review of the PII application and asked the prosecution to disclose more protected information.
Lo Tak-chuen, a designated judge under the National Security Law, ruled on Monday that the prosecution was not required to disclose further information. After considering the application and the latest circumstances, he found that a fair trial had been ensured at this stage. He said, however, that the ruling was not a final determination and that the defence could still apply for another review.
4 Nov 2022法庭線#5670
5.24 Causeway Bay | 4 men admit ‘vigilante attack’ on lawyer Tze Chin Chan, sentenced to 19–34 months’ imprisonment or a training centre
2020 年 5 月 24 日銅鑼灣「反惡歌法大遊行」，事務律師陳子遷疑制止示威者破壞店舖時遭「私了」。事後 4 男被指襲擊陳，被控參與暴動、有意圖而傷人等罪。其中 3 人開審前與控方達成認罪協議，另 1 人在審訊期間認罪。
案件周五（4 日）在區域法院判刑，當中 3 男被判囚 19 個月至 34 個月不等，1 男被判入教導所。
During the 24 May 2020 Causeway Bay “anti-evil-song law” protest march, solicitor Tze Chin Chan was allegedly subjected to a vigilante attack while trying to stop protesters from damaging shops. Four men were subsequently accused of attacking Chan and charged with rioting, wounding with intent and other offences. Three reached plea agreements with the prosecution before trial, while the remaining man pleaded guilty during the trial.
The case was sentenced at the District Court on Friday (4th). Three of the men were sentenced to between 19 and 34 months’ imprisonment, while the other was sent to a training centre.
Translations are supplied by the source workbook. Consult the original reporting for context.
