19 Sept 2022法庭線#2486
13 charged under anti-terrorism law and with conspiracy to murder police officers; case adjourned to Oct. 3, all remanded for 2 to 3 years
2019 年 12 月 8 日「國際人權日大遊行」前夕,警方於全港多處檢獲槍械等違禁物品,拘捕 13 人,包括「12 港人」之一的張俊富、張銘裕及嚴文謙等。當中 10 人被控《聯合國(反恐怖主義措施)條例》下的「對訂明標的的爆炸的禁制罪」,最高可判囚終身。
On the eve of the December 8, 2019 International Human Rights Day march, police seized firearms and other prohibited items at multiple locations across Hong Kong and arrested 13 people, including CHEUNG Chun-fu, Cheung Ming-yu and Yim Man-Him, one of the “12 Hong Kong people”. Ten of them were charged under the United Nations (Anti-Terrorism Measures) Ordinance with the offence of prohibiting explosions against specified targets, which carries a maximum sentence of life imprisonment.
19 Sept 2022法庭線#2487
June 26 Police HQ | Two men admit spraying paint and receive suspended sentences
2019 年 6 月 26 日民陣「G20 Free Hong Kong」集會結束後,逾千人轉到灣仔包圍警察總部,要求政府回應「五大訴求」。兩男承認於警總外牆噴漆,二人周一(19 日)在東區裁判法院各承認一項刑事損壞罪。其中 33 歲紋身師被判囚 3 個月,23 歲滑板教練判囚兩個月,二人均獲准緩刑 24 個月
After the Civil Human Rights Front’s “G20 Free Hong Kong” rally ended on June 26, 2019, more than 1,000 people went to Wan Chai to surround Police Headquarters, demanding that the government respond to the “five demands”. Two men admitted spraying paint on the exterior wall of Police Headquarters. The two each pleaded guilty on Monday (19th) at the Eastern Magistrates’ Courts to one count of criminal damage. A 33-year-old tattoo artist was sentenced to three months’ imprisonment, while a 23-year-old skateboarding coach was sentenced to two months. Both were granted a 24-month suspension of sentence.
19 Sept 2022法庭線#2488
Doctor’s renewed bid to split claim over clinic fire allegedly caused by police tear gas during PolyU clash rejected
2019 年 11 月理大衝突期間,在理大附近開設診所的耳鼻喉科醫生,稱遭警方誤射催淚彈入診所致起火受損,於 2021 年入稟向警方索償逾 672 萬港元。案件周一(19 日)在高院再度處理案件管理聆訊。
醫生在沒有律師代表下,申請分拆案件,分別處理追究警方責任及賠償問題,稱在警方不承認責任下,和解並沒意義。聆案官回應指,法律下和解可以是對方不承認任何責任但願意賠償,而目前沒理據足以支持拆案,遂駁回申請,並下令醫生支付 1 萬元堂費。
An ear, nose and throat doctor who operated a clinic near the Polytechnic University said it was damaged by a fire after police mistakenly fired tear gas into it during the clashes at the university in November 2019. The doctor filed a claim against the police in 2021 seeking more than HK$6.72 million. The case was again dealt with at a case management hearing in the High Court on Monday (19th).
16 Sept 2022法庭線#2475
High Court Rules Failure to Display Police Identification Numbers Breached Human Rights Law; Judge Allows Partial Submission of New Evidence in Appeal on Public Interest Grounds
2019 年反修例運動期間,「速龍小隊」及防暴警察沒有展示警員編號,記協、「爆眼教師」楊子俊及 3 名市民就此提出司法覆核,高院法官周家明於 2020 年指警方不展示警員編號違反《人權法》,裁定申請人勝訴。警方不服裁決上訴,並申請提交與警方措施及警察投訴課相關的新證據。
During the 2019 anti-extradition bill movement, the Special Tactical Contingent squad and riot police did not display officers’ identification numbers. The Hong Kong Journalists Association, the “teacher with an eye injury” Yeung Tze-chun, and three members of the public filed a judicial review. In 2020, High Court judge Anderson Ka Ming Chow ruled that the police’s failure to display officers’ identification numbers breached the Bill of Rights Ordinance, and found in favour of the applicants. The police, dissatisfied with the ruling, appealed and applied to submit new evidence relating to police measures and the Complaints Against Police Office.
15 Sept 2022獨媒#2471
Wan Chai flat found with petrol-bomb materials; Liu Tsz-man appeals 27-month sentence, bail refused
「12港人」之一廖子文分別承認妨礙司法公正,及於灣仔單位藏汽油彈半製成品和材料,兩案分別判監10及27個月,總刑期為31個月。廖不服次案刑期,向高院上訴庭提出上訴,他今早(15日)申請等候上訴期間保釋外出,並在沒有律師代表下親自應訊。上訴庭法官彭偉昌最終拒絕批准保釋,稍後將頒布書面理由。
Liu Tsz-man, one of the “12 Hong Kong residents”, pleaded guilty in separate cases to perverting the course of justice and storing partially made petrol bombs and materials at a Wan Chai flat. He was sentenced to 10 months’ and 27 months’ imprisonment respectively, with a total sentence of 31 months. Dissatisfied with the sentence in the latter case, Liu appealed to the Court of Appeal. He applied this morning (15th) for bail pending the appeal and appeared in person without legal representation. Court of Appeal judge Pang Wai-cheong refused bail. Written reasons will be handed down later.
14 Sept 2022法庭線#2459
Man who stabbed Ho Jun-yao in 2019 jailed for nine years; sentence appeal rejected
上訴方指原審量刑明顯過重,例如沒考慮傷者傷勢輕、沒造成長遠性精神損害等。律政司一方則指,被告事前曾到現場視察、攜武,可見有預謀犯案,而上訴方所主張的,都非量刑佔比最重因素。
The appellant argued that the sentence imposed at trial was manifestly excessive, for example because the court had not taken into account that the injured person’s injuries were minor and had not caused long-term psychological harm. The Department of Justice argued that the defendant had visited the scene beforehand and carried a weapon, showing that the offence was premeditated, and that the factors cited by the appellant were not those carrying the greatest weight in sentencing.
14 Sept 2022法庭線#2466
8.25 Tsuen Wan–Kwai Chung–Tsing Yi | Female social worker acquitted of obstructing police; Department of Justice appeal allowed and retrial ordered
2019 年 8 月 25 日荃葵青反修例遊行,案發時 22 歲女社工被防暴警員要求出示身份證,她被指拒絕,並多次要求對方出示委任證,經審訊後被裁定阻差辦公等兩罪罪名不成立。律政司不服裁決提出上訴。
本案爭議焦點,是制服上沒警員編號的軍裝警員,要求查閱市民身份證時,如有市民不斷要求警員出示委任證,是否構成「故意」、「阻撓」警員執行職務。
During the anti-extradition bill procession in Tsuen Wan, Kwai Chung and Tsing Yi on 25 August 2019, a 22-year-old female social worker was asked by riot police officers to show her identity card. She was alleged to have refused and repeatedly asked the officers to produce their warrant cards. After trial, she was acquitted of two charges, including obstructing a police officer in the execution of duty. The Department of Justice appealed against the verdict.
The central issue in the case was whether a uniformed police officer whose uniform bore no police identification number, when asking a member of the public to produce an identity card, was being “wilfully” “obstructed” in the execution of official duties if the person repeatedly demanded that the officer produce a warrant card.
13 Sept 2022法庭線#2453
9.29 Admiralty | 9 charged with rioting; 6 plead guilty before trial; facts allege 4 were filmed gathering and one threw bricks
網民於 2019 年 9 月 29 日發起「全球反極權遊行」,金鐘爆發警民衝突,共 96 人被控暴動。當中一宗涉及 9 人的案件原於周二(13 日)在區域法院開審,6 名被告開審前認罪,他們另面對的襲警等罪則存檔法庭。除了案發時 15 歲的男生續准保釋外,其餘被告還押至 11 月 14 日求情。
Netizens launched a “Global Anti-Authoritarian March” on 29 September 2019, leading to clashes between police and protesters in Admiralty. A total of 96 people were charged with rioting. In one case involving nine people, the trial was originally scheduled to begin at the District Court on Tuesday (the 13th). Six defendants pleaded guilty before the trial, while the other charges they faced, including assaulting police, were left on file. Except for a male defendant who was 15 at the time of the incident and was allowed to remain on bail, the other defendants were remanded in custody until 14 November for mitigation.
13 Sept 2022法庭線#2457
11.18 PolyU clashes | Man returning to Hong Kong charged with rioting; case joined with six others for trial early next year; plea not indicated
2019 年 11 月 18 日,理工大學爆發警民衝突,20 歲男學生被捕後獲釋。事隔近 3 年,今年 7 月被控暴動,控方透露他回港時被捕。
On 18 November 2019, clashes between police and protesters broke out at Hong Kong Polytechnic University, and a 20-year-old male student was arrested and later released. Nearly three years later, he was charged with rioting in July this year; the prosecution disclosed that he was arrested when returning to Hong Kong.
13 Sept 2022法庭線#2458
July 1 police stabbing case | Three accused of posting online remarks inciting attacks on police; student plans to plead guilty and granted bail until June 5 next year
2021 年銅鑼灣七一刺警案後,兩男一女被指在網上發表煽惑傷害警員言論。繼 34 歲男早前擬認罪後,20 歲女學生周二(10 日)在區域法院亦打算承認一項「煽惑他人有意圖而傷人」罪。法官高勁修押後案件至 2023 年 6 月 5 日正式答辯及求情,辯方申請更改警署報到時間獲批,期間女生獲准保釋。
After the 2021 Causeway Bay July 1 police stabbing case, two men and a woman were accused of posting remarks online inciting harm to police officers. Following a 34-year-old man’s earlier indication that he intended to plead guilty, the 20-year-old female student also indicated in the District Court on Tuesday (the 10th) that she intended to admit one count of “inciting others to wound with intent”. Judge Ko King-shiu adjourned the case until June 5, 2023, for a formal plea and mitigation. The defence’s application to change her police reporting time was approved, and she was granted bail in the meantime.
Translations are supplied by the source workbook. Consult the original reporting for context.