8 Jul 2025法庭線#7011
Grandpa Chan acquitted over displaying a banner at Lion Rock without a permit; Department of Justice abandons review six months later
2023 年中秋前夕，70 多歲的「馬屎埔陳伯」陳基裘登上獅子山，展示自己手寫、出自魯迅的「橫眉冷對千夫指 俯首甘為孺子牛」字句，事後被捕。陳否認「沒有許可證下於郊野公園內展示條幅罪」，經審訊後，於去年 12 月獲裁定無罪兼獲判訟費。
律政司原本提出，要求裁判官覆核裁決及訟費命令，但陳基裘上周在社交媒體發布消息，指獲律政司通知放棄覆核。律政司回覆《法庭線》指，不評論個別案件。
陳基裘回覆《法庭線》稱，此兩年「真係好苦呀」，指因壓力大需要求醫。他稱「我咁辛苦上獅子山賞月，去留對聯去影相留念，都唔得，都要失去自由」，形容捱過難關屬「萬幸」。
On the eve of the Mid-Autumn Festival in 2023, Ki Kau Chan, aged over 70, climbed Lion Rock and displayed the words “With brows furrowed, I coldly face a thousand accusing fingers; bowing my head, I willingly serve as an obedient child”, handwritten by himself and attributed to Lu Xun. He was subsequently arrested. Chan denied the charge of displaying a banner in a country park without a permit. After a trial, he was acquitted and awarded costs last December.
The Department of Justice had originally applied for the magistrate to review the verdict and the costs order. However, Ki Kau Chan said on social media last week that he had been notified by the Department of Justice that it was abandoning the review. The Department of Justice told The Witness that it does not comment on individual cases.
Ki Kau Chan told The Witness that “these two years have really been very hard”, saying that he had sought medical treatment because of the pressure. He said, “I went through all that hardship to climb Lion Rock to admire the moon, put up the couplet and take photos as a memento, but even that was not allowed, and I still had to lose my freedom.” He described getting through the ordeal as “a blessing.”
8 Jul 2025法庭線#7012
Second terrorism case | Prosecution closes case: Sixth defendant must have known about Tseung Kwan O plot; police covering camera was not “planting evidence” to frame third defendant
2020 年初，明愛醫院、羅湖站港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周二（8 日）於高院踏入第 131 天審訊。控方繼續結案陳詞。
控方就第六被告張琸淇陳詞指，張知悉第三被告吳子樂在羅湖站爆炸案中，會將炸彈交給另一隊人放置後，並無阻止吳繼續參與，更親身加入將軍澳爆炸案 TG 群組，並前往西環、嘉頓山開會，唯一推論是她有參與爆炸案。控方又指，張以「stand-by」形容她與吳於將軍澳爆炸案前夕，逗留在宏創方 503 室的行為，必然知道其行為與一項行動，即將軍澳爆炸案有關。
控方另就第三被告吳子樂的案情陳詞。對於吳一方指，警員在進入 503 室前，故意遮蔽閉路電視鏡頭，是將爆炸品搬入單位「插贓嫁禍」吳，控方反駁指，辯方並無爭議另一涉案單位（即 1008 室）的證物連鎖性，稱「如果要屈都唔淨係屈一個單位」。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu Station. The Telegram channel “Ninety-Two Lots” later claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while one remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty. The trial at the High Court entered its 131st day on Tuesday (8th), as the prosecution continued its closing submissions.
In submissions concerning the sixth defendant Cheung Cheuk-ki, the prosecution said that after she knew the third defendant Tsz Lok Ng would hand a bomb involved in the Lo Wu Station explosion to another group for placement, she did not stop Tsz Lok Ng from continuing to participate. She also personally joined the Telegram group for the Tseung Kwan O explosion and attended meetings in Sai Wan and at Garden Hill. The only inference was that she had participated in the bombing plot, the prosecution said. It added that Cheung Cheuk-ki used “stand-by” to describe her and Tsz Lok Ng staying in Room 503 at The Octagon on the eve of the Tseung Kwan O explosion, and that she must have known their actions were connected to an operation, namely the Tseung Kwan O explosion.
The prosecution also made submissions on the case against the third defendant Tsz Lok Ng. In response to the defence’s claim that police officers deliberately obscured the closed-circuit television cameras before entering Room 503 in order to move explosives into the unit and “plant evidence” to frame Tsz Lok Ng, the prosecution said the defence did not dispute the chain of custody of exhibits from another unit involved in the case, Room 1008. It said: “If they wanted to frame someone, they would not frame only one unit.”
7 Jul 2025法庭線#7004
Second anti-terrorism case｜Prosecution closes case: Defendants planned indiscriminate harm; sixth defendant’s involvement was lower but not non-existent
2020 年初，明愛醫院、羅湖站港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周一（7 日）於高院踏入第 130 天審訊。控方開始結案陳詞。
控方指，本案「冇白紙黑字寫去邊度放爆炸品」，但可以根據 TG 訊息證明協議存在。控方又指，在將軍澳停車場爆炸案，被告打算放置一個含 20 公斤低性能炸藥的墓碑型炸彈，「無差別對到場祭祀周梓樂嘅人造成傷害」。
針對第六被告張琸淇，控方指她有大學學位、任職入境處登記主任，認為她留在 TG 群組非小朋友貪玩、八卦，而是想參與爆炸案。加上她曾向警方透露成員分工，「認知絕對唔少」、「（角色）可能較低，但唔係冇參與過」。案件周二續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu Station. The Telegram channel “Ninety-Two Lots” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while one remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty. The trial entered its 130th day at the High Court on Monday (the 7th), when the prosecution began its closing submissions.
The prosecution said there was “nothing in black and white stating where the explosives were to be placed”, but that the existence of an agreement could be proved through Telegram messages. It also said that, in the Tseung Kwan O car park bombing case, the defendants intended to place a tombstone-shaped bomb containing 20 kilograms of low-performance explosives, “to cause indiscriminate harm to people attending the memorial rites for Chow Tsz-lok”.
Regarding the sixth defendant Cheung Cheuk-ki, the prosecution said she had a university degree and worked as a registration officer with the Immigration Department. It argued that her remaining in the Telegram group was not childish play or idle curiosity, but reflected a desire to participate in the bombing plot. The prosecution also noted that she had disclosed the division of labour among members to police, saying her knowledge was “definitely not insignificant” and that her “role may have been lower, but that does not mean she did not participate”. The case continues on Tuesday.
4 Jul 2025法庭線#6992
Lingnan student Lai Cheuk-yin disqualified from university elections; High Court rejects judicial review, accepts publicity limits ensure fairness
嶺南大學學生會外務副會長賴卓賢，去年 11 月被指以「非官方渠道」宣傳，遭校方選舉主任 DQ 校董會、諮議會、教務會的參選人資格。他入稟申請司法覆核，要求推翻選舉主任的決定及選舉結果。高院法官高浩文周五（4 日）頒判詞，駁回其申請，賴兼須付訟費。
賴一方質疑，選舉主任越權、誤解條文內容，DQ 他時亦涉程序不當，沒有給予機會讓他抗辯。
判詞指，大學校內的選舉與公職的選舉不同，毋須複雜及廣泛地進行宣傳活動，亦接納嶺大一方指，限制宣傳方式可確保候選人獲相同曝光程度，確保選舉公平。官又指，候選人只能使用相同方式宣傳是完全公平的做法，裁定選舉主任沒越權，亦不涉程序不當。
賴卓賢回覆《法庭線》稱，對法庭判決感到失望，但會尊重。嶺大表示，歡迎裁決結果。
Lai Cheuk-yin, external vice-president of the Lingnan University Students’ Union, was disqualified by the university’s election officer last November from standing in elections for the Council, Court and Senate after allegedly campaigning through “non-official channels”. He applied for judicial review, seeking to overturn the election officer’s decision and the election results. In a judgment handed down on Friday (the 4th), High Court judge Ko Ho-man dismissed his application and ordered Lai to pay the costs.
Lai’s side argued that the election officer had exceeded his powers, misunderstood the relevant provisions and acted improperly in disqualifying him without giving him an opportunity to respond.
The judgment said university elections differed from elections for public office and did not require publicity campaigns to be conducted in a complex or extensive manner. It also accepted Lingnan’s argument that restricting the forms of publicity could ensure that candidates received the same level of exposure and safeguard the fairness of the election. The judge said allowing candidates to publicise their campaigns only through the same methods was entirely fair, and ruled that the election officer had neither exceeded his powers nor acted improperly in procedural terms.
Lai Cheuk-yin told The Witness that he was disappointed by the judgment but would respect it. Lingnan University said it welcomed the outcome.
4 Jul 2025法庭線#6993
Online “stab the small intestine” post after July 1 police-stabbing case: Man jailed 24 months for inciting wounding; leave to appeal sentence refused
2021 年銅鑼灣七一刺警案當晚，23 歲男子被指在「連登」發布「插撚死佢老豆老母」、「下次應該插身體中間小腸嘅部位」等留言，否認「煽惑他人有意圖而傷人」罪，受審罪成，被判囚 24 個月。他不服判罰，上訴庭周五（4 日）處理其上訴許可申請。
申請方代表、大狀石書銘爭議，原審法官參考港大生致謝梁健輝一案，採納相同的量刑起點，惟本案與該案性質、程度有別，被告沒預謀，亦非使用學生會的平台發言，故有空間減刑。
上訴庭法官潘敏琦引涉案留言，反問申請方「有冇嚴重性喺度呀？」指理據無合理可爭辯之處，即日駁回，將在 3 個月頒判詞交代理由。
On the night of the 1 July 2021 Causeway Bay police stabbing incident, a 23-year-old man was accused of posting comments on the LIHKG online forum including, “stab his fucking father and mother to death” and “next time you should stab the middle of the body, around the small intestine”. He denied one count of inciting others to wound with intent, but was convicted after trial and sentenced to 24 months’ imprisonment. He appealed against the sentence, and the Court of Appeal heard his application for leave to appeal on Friday (4th).
Counsel for the applicant, barrister Shek Shu-ming, argued that the trial judge had referred to the case involving University of Hong Kong students who thanked Leung Kin-fai and adopted the same sentencing starting point. However, he submitted that the nature and degree of seriousness of the present case were different. The defendant had not acted with premeditation and had not made the comments through a students’ union platform, leaving room for a reduced sentence.
Court of Appeal judge Justice Anthea Pang Po-kam referred to the comments in question and asked counsel, “Isn’t there seriousness in that?” She held that the proposed grounds were not reasonably arguable and dismissed the application on the same day. Written reasons for the decision will be handed down within three months.
4 Jul 2025法庭線#6994
November 12 Central District Riot Conviction: Woman’s Appeal Dismissed; Seeks Leave to Appeal to Court of Final Appeal
2019 年 11 月 12 日中環「和你 lunch」，28 人被控暴動，其中一名經審訊後罪成、判囚 3 年 3 個月的女子，提出定罪上訴，今年 4 月被上訴庭駁回。終審法院網頁顯示，她已提出終極上訴許可申請，暫未排期聆訊。
At a “lunch with you” gathering in Central on November 12, 2019, 28 people were charged with rioting. One woman, who was convicted after trial and sentenced to three years and three months’ imprisonment, lodged an appeal against her conviction, which was dismissed by the Court of Appeal in April this year. The Court of Final Appeal’s website shows that she has applied for leave to bring a final appeal; a hearing has not yet been scheduled.
4 Jul 2025法庭線#6995
Accused of Helping Tsang Chi Kin and Others Flee, Man and Woman Charged with Perverting the Course of Justice; Cases to Be Transferred to District Court
4 名涉反修例案青年包括荃灣中槍的「健仔」曾志健，於 2022 年 7 月在港潛逃時被捕，4 人連同被指協助他們匿藏的男子，事後承認妨礙司法公正等罪判囚。
另外兩名男女被指協助曾志健等人潛逃，各被控一項「作出一項或一連串傾向並意圖妨礙司法公正的作為罪」，周五（4 日）於東區裁判法院再訊。控方申請合併兩案，轉介區域法院審理，獲署理主任裁判官張志偉批准。案件押至 8 月 1 日再訊，以處理轉介至區院文件，兩人繼續還押。
Four young people involved in anti-extradition bill cases, including Tsang Chi Kin Tsang Chi-kin, who was shot in Tsuen Wan, were arrested in July 2022 while evading capture in Hong Kong. The four, together with a man accused of helping them hide, subsequently pleaded guilty to offences including perverting the course of justice and were sentenced to imprisonment.
A further man and woman accused of helping Tsang Chi-kin and the others flee were each charged with one count of “doing an act or a series of acts tending and intended to pervert the course of justice”. They appeared again at Eastern Magistrates’ Courts on Friday (4th). The prosecution applied to consolidate the two cases and refer them to the District Court for trial, and the application was approved by Acting Chief Magistrate Chi Wai (1965) Cheung. The cases were adjourned to 1 August to deal with documents for the transfer to the District Court, and the two defendants were remanded in custody.
4 Jul 2025法庭線#6996
11.18 Yau Ma Tei | Five jailed for five years after riot convictions lose appeals; Court of Appeal says convictions sound despite cumulative effect
2019 年 11 月，警方圍堵理工大學內的示威者，213 人涉在油麻地「圍魏救趙」被控暴動。其中 5 人經審訊後定罪，判囚 5 年，提出定罪及判刑上訴，今年 5 月被上訴庭即日駁回，拒批上訴許可。
上訴庭周五（4 日）頒判詞指，雖然部分被告沒證據證明他們被捕前的情況，但原審「絕對有權依賴其席前整體證據的疊加效應，作出有罪推論，定罪並無不妥」，而法庭沒必要為沒出庭作供的被告，構想各種可能脱罪的情況。
判詞又指，年輕等因素在嚴重罪行前，能起的求情作用有限，原審不予酌情權減刑，上訴庭不宜干預。
In November 2019, police surrounded protesters inside Polytechnic University. A total of 213 people were charged with rioting in connection with the “besieging Wei to rescue Zhao” incident in Yau Ma Tei. Five were convicted after trial and sentenced to five years’ imprisonment. They appealed against their convictions and sentences, but the Court of Appeal dismissed the appeals immediately in May this year and refused leave to appeal.
In its judgment handed down on Friday (the 4th), the Court of Appeal said that although there was no evidence proving the circumstances of some defendants before their arrests, the trial court “was absolutely entitled to rely on the cumulative effect of the overall evidence before it to draw an inference of guilt, and there was nothing improper about the convictions”. The court did not need to envisage various possible scenarios that could have resulted in acquittals for defendants who did not testify.
The judgment also said that factors such as youth had limited mitigating effect in the face of serious offences. The trial court had declined to exercise its discretion to reduce the sentences, and the Court of Appeal should not interfere.
2 Jul 2025法庭線#6983
Cheng Ka-yu Privately Prosecutes Former Employer The Wall Street Journal; Department of Justice Will Not Intervene, Defence Writes to Ask Why
香港記者協會主席鄭嘉如去年當選後不足一個月，便遭《華爾街日報》（WSJ）以「職位重組」為由解僱。鄭認為自己是因參與工會而遭解僱，私人檢控僱主兩項「阻止僱員參與工會」有關控罪，案件周三（2 日）在東區裁判法院再訊。
辯方確認，律政司不會介入本案，指已去信律政司詢問理由，並考慮提出司法覆核。鄭嘉如一方指，辯方有足夠時間考慮答辯，其亦已準備好審訊。官最終將案件押至 7 月 23 日再訊，指辯方屆時無論是否提出司法覆核，都要提出答辯意向。
Less than a month after being elected chairperson of the Hong Kong Journalists Association last year, Cheng Ka-yu was dismissed by The Wall Street Journal (WSJ) on the grounds of “restructuring of the position”. Cheng believes she was dismissed because of her participation in a trade union and is privately prosecuting her employer on two charges related to “preventing employees from participating in a trade union”. The case was mentioned again at the Eastern Magistrates’ Courts on Wednesday (2nd).
The defence confirmed that the Department of Justice would not intervene in the case, saying it had written to the Department to ask for the reason and was considering applying for judicial review. Cheng KaAs One’s side said the defence had sufficient time to consider its plea and that it was also ready for trial. The magistrate ultimately adjourned the case to 23 July for a further hearing, saying that the defence would have to indicate its plea then, regardless of whether it had applied for judicial review.
30 Jun 2025法庭線#6967
Cheng Ka-yu Brings Private Prosecution Against Former Employer Wall Street Journal; Lawyer Says Department of Justice Confirms It Will Not Intervene
香港記者協會主席鄭嘉如去年當選後不足一個月，便遭《華爾街日報》（WSJ）以「職位重組」為由解僱。鄭認為自己是因參與工會而遭解僱，提出私人檢控（法律 101）。律政司曾考慮是否介入本案。
鄭的代表律師 Adam Clermont 早前在網上發文指，律政司確認不會介入本案。他形容律政司的決定「使我們追討公義的工作能夠順利進行」。案件將於本周三（7 月 2 日）再訊。
Less than a month after Cheng Ka-yu was elected chair of the Hong Kong Journalists Association last year, she was dismissed by The Wall Street Journal (WSJ) on the grounds of “position restructuring”. Cheng believes she was dismissed because of her participation in a trade union and initiated a private prosecution (Legal 101). The Department of Justice had considered whether to intervene in the case.
Cheng’s lawyer, Adam Clermont, wrote online earlier that the Department of Justice had confirmed it would not intervene in the case. He described the department’s decision as allowing “our work to seek justice to proceed smoothly”. The case will return for a hearing this Wednesday (2 July).
Translations are supplied by the source workbook. Consult the original reporting for context.
