21 May 2022獨媒#2014
Complaint Against Judge Lin Kam-hung over Yellow-Mask Order and “Reporters Were Part of the Riot” Remark Not Upheld
區院法官練錦鴻去年初審理2019年九龍灣淘大商場非法集結案時, 要求戴着黃色口罩的律師及旁聽人士更換口罩,否則須離開法庭,又形容現場記者是「暴動的一部份」,因此被投訴。司法機構昨日(20日)公布調查結果,裁定兩項投訴均不成立。由三位高院法官組成的專責小組指,法庭不應被用作表達政治訴求,而練官已透過書記提供替代口罩,不換口罩者可到毗鄰法庭繼續旁聽;小組又認為練官只是為影片提供解說,非故意針對傳媒。
Judge Lin Kam-hung of the District Court was complained against after, while hearing the 2019 Kowloon Bay Amoy Plaza unlawful assembly case last year, he required lawyers and observers wearing yellow masks to change them or leave the courtroom, and described reporters present as “part of the riot”. The Judiciary announced yesterday (20th) that its investigation found both complaints unsubstantiated. A panel of three High Court judges said the courtroom should not be used to express political demands, and that Judge Lin had provided alternative masks through the court clerk, while those who did not change their masks could continue observing the proceedings in an adjacent courtroom. The panel also found that Judge Lin was merely providing commentary for a video and had not intentionally targeted the media.
20 May 2022獨媒#2007
[PolyU siege] 19-year-old autistic youth pleads guilty to rioting, sentenced to detention centre
2019年11月18日「理大圍城」其間,有示威者欲營救被困理大的示威者。油麻地當晚發生警民衝突,共213人被警方圍捕,全被控暴動罪並分成多案起訴。一名案發時年僅16歳、患自閉症的男生早前在開審前承認暴動罪,案件今(20日)在西九龍裁判法院(區院案件)判刑。法官張潔宜指,本案暴動參與人數眾多,涉及不同程度的暴力,案情嚴重;但考慮被告年輕、沒有領導角色及勇於承擔後果,判他入教導所服刑。
During the "PolyU siege" on 18 November 2019, some protesters attempted to rescue protesters trapped inside PolyU. Police-protester clashes occurred in Yau Ma Tei that night, and 213 people were rounded up by police. All were charged with rioting and prosecuted in multiple cases. A male defendant who was 16 and had autism at the time of the incident earlier pleaded guilty to rioting before the trial began. He was sentenced today (20th) at the West Kowloon Magistrates’ Courts in a District Court case. Judge Kit Yee (1971) Cheung said that the riot involved a large number of participants and different degrees of violence, making the case serious. However, taking into account the defendant’s young age, that he had not played a leadership role and that he was willing to bear the consequences, the judge sentenced him to a detention centre.
20 May 2022明報#2010
US charges five Chinese nationals with espionage; Albert Ho suspected of being sounded out
美國司法部起訴「民運組織負責人」王書君(圖)和4名中國國安官員參與一項跨國打壓異見者計劃,觸犯間諜罪。根據案情,前支聯會副主席何俊仁疑曾遭王書君套話,內容被轉告國安部門。
美國司法部透露,至少一名香港民主派人士因而被捕,以「Hong Kong Dissident #1」標示。根據起訴書,王書君涉嫌於2016年與一名民主派人士會面查問「必要問題」,並將對話告知上述國安官員,內容包括香港選舉、政局分析等。起訴書指出,Dissident #1於2020年4月18日被捕,涉於2019年10月1日組織未經批准集結。對比資料,該人身分與何俊仁脗合。
The US Department of Justice has charged Wang Shujun, described as the “head of a pro-democracy organisation”, and four Chinese national security officials with participating in a transnational scheme to suppress dissidents and committing espionage offences. According to the case details, former Alliance in Support of Patriotic Democratic Movements of China vice-chairman Albert Ho Chun-yan was allegedly sounded out by Wang Shujun, with the information passed on to national security authorities.
The US Department of Justice said at least one Hong Kong pro-democracy figure was arrested as a result and was identified as “Hong Kong Dissident #1”. According to the indictment, Wang Shujun allegedly met a pro-democracy figure in 2016, asked “necessary questions”, and reported the conversation to the aforementioned national security officials. The information included Hong Kong elections and analysis of the political situation. The indictment said Dissident #1 was arrested on 18 April 2020 in connection with organising an unauthorised assembly on 1 October 2019. A comparison of the available information suggests that the person’s identity corresponds to Albert Ho Chun-yan.
19 May 2022獨媒#2001
27-year-old man identified as ‘SUCK Channel’ administrator jailed for six and a half years for seven incitement offences
一名27歲男子被指為 Telegram 頻道「SUCK Channel」擁有人及管理員,涉於前年10月至去年6月發布訊息,煽動製作汽油彈、癱瘓鐵路及破壞警車等,經審訊後被裁定「串謀煽惑他人犯暴動」等7項串謀罪名全數成立,案件今(19日)在區域法院(移師西九龍法院)判刑。暫委法官許肇強指,案發時香港面對多場大規模暴力衝突,涉案帖文加劇破壞社會安寧的風險;即使訊息並非由被告發佈,他擁有剔除帖文的權限,卻任由訊息廣傳,罪責無可推卸,判被告入獄6年6個月,為目前同類案件中最重判刑。
A 27-year-old man identified as the owner and administrator of the Telegram channel “SUCK Channel” was convicted after trial on all seven conspiracy charges, including conspiracy to incite others to riot, over messages posted from October of the year before last to June last year calling for the making of petrol bombs, the paralysis of railways and damage to police vehicles. The case was sentenced today (19th) at the District Court, which was relocated to the West Kowloon Courts. Acting Judge Peter Shiu Keung Hui said Hong Kong faced multiple large-scale violent clashes at the time of the offences and the posts increased the risk of disrupting public order. Although the messages were not posted by the defendant, he had the authority to remove them but allowed them to circulate widely, leaving him with no excuse for his culpability. The defendant was sentenced to six years and six months in prison, the heaviest sentence so far in similar cases.
19 May 2022獨媒#2002
Four Charged with Unlawful Assembly over Alleged July 1 Causeway Bay Gathering Two Years Ago; Granted Bail, to Return in July
前年7月1日《國安法》實施,大批示威者在銅鑼灣聚集。警方於高士威道近中央圖書館一帶拘捕68人,其後暫時獲釋。事隔近兩年,其中4人被正式起訴非法集結罪。案件今日(19日)於東區裁判法院提堂,押後至7月11日再訊,以待辯方索取文件和給予被告法律意見,其間4名被告均獲准保釋。
On July 1 two years ago, when the National Security Law came into effect, a large number of protesters gathered in Causeway Bay. Police arrested 68 people in the vicinity of Causeway Road near the Central Library, who were subsequently released temporarily. Nearly two years later, four of them were formally charged with unlawful assembly. The case was brought before the Eastern Magistrates’ Courts today (19th) and adjourned until July 11 for mention, pending the defence’s obtaining documents and giving legal advice to the defendants. All four defendants were granted bail in the meantime.
19 May 2022獨媒#2003
7.14 Sha Tin New Town Plaza clashes: Two assaulted police officers sue three jailed rioters for compensation
2019年7月14日,沙田新城市廣場衝突中,兩名當值便衣警疑遭示威者拳打腳踢及以硬物襲擊,導致多處受傷。3人包括24歲男子、51歲保安員及17歲學生於前年承認暴動罪,分別判囚3年4個月至4年。遇襲的兩名警員昨(18日)各自入稟區域法院,就其人身傷害向3名正服刑的被告追討賠償。
During the clashes at Sha Tin New Town Plaza on July 14, 2019, two plainclothes police officers on duty were allegedly punched and kicked and attacked with hard objects by protesters, sustaining injuries to various parts of their bodies. Three people—a 24-year-old man, a 51-year-old security guard and a 17-year-old student—admitted to rioting two years ago and were each sentenced to between three years and four months and four years in prison. The two assaulted officers separately filed claims at the District Court yesterday (18th), seeking compensation for personal injuries from the three defendants, who are currently serving their sentences.
19 May 2022明報#2006
Audrey Eu Files for Return of Documents in 612 Fund Case Covered by Legal Professional Privilege
支援反修例運動被捕者及傷者的「612人道支援基金」去年停運,包括大律師吳靄儀的5名基金信託人早前被警方國安處拘捕,除正服刑的前立法會議員何秀蘭,其餘4人獲准保釋。吳靄儀昨(18日)入稟高等法院,要求警方歸還涉及法律專業保密權或不屬手令權限的文件,並禁止警方存取、檢視和取用有關文件,以及向警方索償。
The 612 Humanitarian Relief Fund, which supported people arrested or injured during the anti-extradition bill movement, ceased operations last year. Five of the fund’s trustees, including barrister Audrey Eu, were earlier arrested by the Police National Security Department. Former Legislative Council member Cyd Ho Sau-lan is serving a prison sentence, while the other four were granted bail. Eu filed an application with the High Court yesterday (18th), seeking the return of documents covered by legal professional privilege or outside the scope of the warrant, an order prohibiting the police from accessing, inspecting or using the documents, and damages from the police.
18 May 2022獨媒#1998
Plainclothes Police Officer Attacked on New Year’s Day; Another Person Charged with Assaulting Police Two Years Later, Granted Bail
2020年元旦日遊行遭警方腰斬,晚上有示威者轉至旺角堵路示威,期間有便衣警被人圍毆,早前有兩名青年襲警罪成判囚3個月,及後遭律政司覆核改判10個月。事隔兩年,再有一名26歲地盤工人被控襲警罪及普通襲擊罪,今(18日)在西九龍裁判法院提堂。裁判官將案件押後至7月13日再訊,以待辯方檢視文件。被告准以1萬元保釋,期間不得離港、需交出旅遊證件、每周到警署報到一次,以及居住在報稱地址。
A police-approved march on New Year’s Day 2020 was halted by police, and some protesters later blocked roads in Mong Kok that evening. During the demonstrations, a plainclothes police officer was assaulted by a group of people. Two young men were previously convicted of assaulting a police officer and sentenced to three months’ imprisonment; following a review by the Department of Justice, their sentences were changed to 10 months. Two years later, a 26-year-old construction site worker was charged with assaulting a police officer and common assault. He appeared at the West Kowloon Magistrates’ Courts today (18th). The magistrate adjourned the case to July 13 for mention pending the defence’s review of documents. The defendant was granted bail of HK$10,000 on condition that he not leave Hong Kong, surrender his travel documents, report to a police station once a week, and reside at his reported address.
16 May 2022獨媒#1993
Two men admit burning national flags, jailed for two months and ordered to pay $2,000 to Chiu Chow association
去年10.1「國慶」,九龍東潮人聯會於黃大仙横頭磡邨掛上國旗,約20支國旗被燒毀及破壞,並遭丟棄在地上,警方調查後拘捕兩男。33歲裝修工人及50歲無業男早前承認侮辱國旗罪,並已還柙近2個月。兩人今(16日)在觀塘裁判法院各被判囚2個月,以及各賠償約2千元予九龍東潮人聯會。主任裁判官錢禮指,雖然兩人稱因飲醉酒犯案,但他們應該清楚知道自己所為。她又引案例指,此條例立法目的旨在保護國旗免遭侮辱,以維護象徵國家尊嚴、統一及領土完整之國旗的合法利益。
On October 1 last year, National Day, the Kowloon East Chiu Chow Association put up national flags at Wang Tau Hom Estate in Wong Tai Sin. About 20 flags were burned and damaged, and thrown onto the ground. Police arrested two men after an investigation. A 33-year-old renovation worker and a 50-year-old unemployed man earlier admitted the offence of insulting the national flag, and had been remanded in custody for nearly two months. The two men were each sentenced to two months’ imprisonment and ordered to pay about $2,000 in compensation to the Kowloon East Chiu Chow Association at Kwun Tong Magistrates’ Courts today (16th). Chief Magistrate Bina Chainrai said that although the two men claimed they committed the offence because they were drunk, they should have clearly known what they were doing. She also cited case law, saying that the legislative purpose of the ordinance was to protect the national flag from insult, in order to safeguard the legitimate interests of the flag, which symbolises national dignity, unity and territorial integrity.
16 May 2022獨媒#1995
Fraud case involving Jimmy Lai: former Next Media CFO Chow Tat-kwan testifies for prosecution, says Dico Consultants employees used building as office
壹傳媒創辦人黎智英及前行政總監黃偉強,涉使用將軍澳工業邨壹傳媒大樓經營力高顧問公司,違反租契條款而被起訴一項欺詐罪,黎被加控另一項欺詐罪,案件由《國安法》指定法官陳廣池審理,今日(16日)於區域法院續審。本為同案第二被告的前壹傳媒財務總裁周達權,出庭任控方證人,並獲免於起訴。他供稱力高為黎智英的私人公司,惟其業務與報業印刷完全無關,又指多名力高員工使用涉案處所辦公,包括總經理 Mark Simon。
Next Media founder Jimmy Lai and former chief administrative officer Wong Wai-keung were charged with one count of fraud for allegedly using the Next Media building at the Tseung Kwan O Industrial Estate to operate Dico Consultants as a consultancy, in breach of the lease terms. Lai faces an additional count of fraud. The case, heard by National Security Law-designated judge Stanley Chan, continued at the District Court today (16th). Chow Tat-kwan, former Next Media chief financial officer and originally the second defendant in the case, appeared as a prosecution witness after being granted immunity from prosecution. He testified that Dico Consultants was Lai’s private company, whose business was entirely unrelated to newspaper printing, and said that several Dico Consultants employees used the premises as offices, including general manager Mark Simon.
Translations are supplied by the source workbook. Consult the original reporting for context.