21 Jun 2022法庭線#2108
Jannelle Rosalynne Leung’s Appeal Against Sentence for Taking Part in an Unauthorised Assembly Rejected
高等法院駁回觀塘前區議員梁凱晴的刑期上訴申請,將無法送呈至終審法院,從法律觀點爭議量刑的考慮。梁早前因參與2020年六四維園悼念晚會而被控參與未經批准集結,她承認控罪、被判監禁四個月並已完成服刑。
The High Court rejected the application by former Kwun Tong district councillor Jannelle Rosalynne Leung for leave to appeal against her sentence, meaning the matter cannot be taken to the Court of Final Appeal to challenge the sentencing considerations as a matter of law. Leung was earlier charged with taking part in an unauthorised assembly over her participation in a June 4 memorial gathering at Victoria Park in 2020. She pleaded guilty, was sentenced to four months’ imprisonment and has completed her sentence.
21 Jun 2022明報#2109
Jannelle Rosalynne Leung Convicted of Taking Part in Unauthorized June 4 Assembly, Leave to Appeal to Court of Final Appeal Denied
前年維園六四集會首次遭警方禁止,到場的24名民主派人士及後被控告,當中觀塘前區議員梁凱晴承認一項參與未經批准集結罪,判囚4個月。她今年1月不服刑期申請上訴遭駁回,今年2月再申請上訴許可至終審法院,高等法院上訴庭今(21日)頒下判辭拒絕,指相關法律原則已經妥善處理,申請方提出的不屬具有重大而廣泛重要性的法律論點,故上訴並無合理爭辯之處。
The June 4 gathering in Victoria Park was banned by police for the first time the year before last. The 24 pro-democracy figures who attended were subsequently charged. Among them, former Kwun Tong district councillor Jannelle Rosalynne Leung pleaded guilty to one count of taking part in an unauthorized assembly and was sentenced to four months’ imprisonment. She applied to appeal against the sentence in January this year, but the application was rejected. In February, she applied for leave to appeal to the Court of Final Appeal. The High Court’s Court of Appeal handed down its judgment today (the 21st), refusing the application, saying that the relevant legal principles had already been properly addressed and that the arguments raised by the applicant did not involve points of law of great and general importance. It therefore found that the appeal had no reasonable prospect of success.
21 Jun 2022獨媒#2110
June 4 Assembly Case: Jannelle Rosalynne Leung, Sentenced to Four Months’ Imprisonment, Denied Leave for Final Appeal
前觀塘區議員梁凱晴在2020年六四集會案中承認參與未經批准集結罪,判囚4個月,已服刑完畢。她今年1月向上訴庭申請刑罰上訴許可,惟遭駁回,其後再申請上訴至終審法院之許可,爭議控罪的預防性質和參與人數是否應納入量刑的考慮因素,雙方早前提交書面陳詞。上訴庭法官潘敏琦和彭寶琴今(21日)頒下判詞,稱不涉及重大而廣泛的法律議題,故拒絕批出上訴許可。
Former Kwun Tong District Councillor Jannelle Rosalynne Leung pleaded guilty to participating in an unauthorised assembly in the 2020 June 4 assembly case and was sentenced to four months’ imprisonment, which she has completed. She applied to the Court of Appeal in January this year for leave to appeal against the sentence, but the application was rejected. She subsequently applied for leave to appeal to the Court of Final Appeal, disputing the preventive nature of the offence and whether the number of participants should be considered in sentencing. The parties had earlier submitted written submissions. Court of Appeal judges Maggie Poon and Vanness Pang today (21st) handed down their judgment, saying the case did not involve a question of law of great and general importance, and therefore refused leave to appeal.
21 Jun 2022HK01#2111
Jannelle Rosalynne Leung Seeks Final Appeal; Court of Appeal Refuses Certificate of Leave
前觀塘區議員梁凱晴因參與2020年的六四集會,她承認參與未經批准集結罪,遭判囚4個月。她早前就判刑提上訴,遭上訴庭駁回。而她再向終審法院申請上訴,而上訴庭今(21日)頒發判辭,指相關的法律原則已被確立,她提出的法律爭議無合理可爭辯之處,拒批出上訴至終審法院的許可證明書。惟梁仍可以直接向終院申請上訴。
Former Kwun Tong District Councillor Jannelle Rosalynne Leung was sentenced to four months’ imprisonment after admitting to taking part in an unauthorised assembly at a 4 June gathering in 2020. She earlier appealed against her sentence, but the Court of Appeal dismissed the appeal. She then applied to appeal to the Court of Final Appeal. In a judgment issued today (21st), the Court of Appeal said the relevant legal principles had already been established and that the legal dispute she raised had no reasonable basis for argument, and refused to grant a certificate of leave to appeal to the Court of Final Appeal. However, Leung can still apply directly to the Court of Final Appeal.
18 Jun 2022有線新聞#2103
Female Student Jailed 18 Months for Possessing Offensive Weapons While Supporting PolyU Clashes in 2019; Judge Says Fuel Was Intended for Use at Riot
一名21歲女子於2019年11月在油麻地一帶聲援於理工大學的示威者,早前被裁定管有攻擊性武器或適合作非法用途的工具及管有物品意圖摧毀或損壞財產罪名成立,於區域法院被判監一年半。
A 21-year-old woman who supported protesters at the Polytechnic University in the Yau Ma Tei area in November 2019 was earlier convicted of possessing offensive weapons or instruments fit for an unlawful purpose, and possessing articles with intent to destroy or damage property. She was sentenced to 18 months’ imprisonment at the District Court.
17 Jun 2022HKFP#2100
Hong Kong’s top court to rule on challenge over first conviction for carrying zip ties
首宗藏索帶被裁定管有適合作非法用途工具罪成案,將上訴至終審法院,爭議索帶是否屬非法用途工具。
The first case involving a conviction for possessing tools suitable for unlawful purposes for carrying zip ties will be appealed to the Court of Final Appeal, with the dispute centring on whether zip ties are tools suitable for unlawful purposes.
17 Jun 2022法庭線#2101
First Zip-Tie Possession Conviction: Property Agent Lodges Final Appeal, Disputing Whether a Zip Tie Is a “Tool for an Unlawful Purpose”
首宗藏索帶被裁定管有適合作非法用途工具罪成案,將上訴至終審法院,爭議索帶是否屬非法用途工具。
In the first case in which a person was convicted of possessing a zip tie as a tool suitable for an unlawful purpose, a property agent will appeal to the Court of Final Appeal, disputing whether a zip tie falls within the category of a “tool for an unlawful purpose”.
16 Jun 2022RTHK#2089
Ex-TVB worker jailed over criminal damage appeal
一名無綫電視前員工3項煽惑他人刑事毀壞罪的罪成後被判入獄一年。他涉及於反修例示威期間,在連登討論區發布帖文,呼籲示威者損壞港鐵設施、美心食品以及無綫電視的發射站等。
A former TVB employee was sentenced to one year in prison after being convicted of three counts of inciting others to commit criminal damage. During the anti-extradition bill protests, he posted messages on the LIHKG discussion forum calling on protesters to damage MTR facilities, Maxim’s Food and TVB transmission stations, among others.
15 Jun 2022同文#2082
Three Years Pursuing Civil Action over Police Violence: “Girl with Ruptured Eye” Criticises Legal Aid Department for Obstructing Claim — “I Don’t Want Any Compensation; I Want a Judgment Finding that the Police Force Intended to Cause Harm and Used Excessive Force”
民事追究警暴 3 年 「爆眼少女」批法援署阻撓索償案:我要嘅唔係咩賠償,我要一個指出警隊有意圖傷害、使用過分武力嘅判決
Three years after pursuing a civil action over police violence, the “girl with a ruptured eye” criticised the Legal Aid Department for obstructing her compensation claim, saying: “I don’t want any compensation; I want a judgment finding that the police force intended to cause harm and used excessive force.”
8 Jun 2022明報#2067
Late submission of support consent form during Chief Executive bid: John Lee seeks exemption from penalty
參選特首時遲交支持同意書 李家超入稟尋求免除刑罰
John Lee filed a court application seeking exemption from penalty for submitting the support consent form late during his bid for Chief Executive.
Translations are supplied by the source workbook. Consult the original reporting for context.