24 Jun 2025法庭線#6946
Blank-vote Incitement Case: High Court Refuses Certificate for Appeal to Final Court; Judgment Says Charge Was Reasonable in Light of Historical Background
前中大學生會會長蘇浚鋒，被指 2021 年在網上轉載前立法會議員許智峯倡選舉投白票帖文，被廉署起訴違反《選舉（舞弊及非法行為）條例》。蘇在原審裁判官裁定控罪合憲後改為認罪，判囚兩個月、緩刑 18 個月，其後提上訴被駁回。高院暫委法官姚勳智周二（24 日）就其上月，拒向蘇發出上訴至終院證明書之決定頒判詞。
判詞提到，上訴方認為法庭錯誤假設，煽惑他人不投票或投無效票會不利選舉，但海外案例指禁止市民杯葛選舉，屬不合理限制言論自由，又認為說服他人是言論自由的核心，若視宣揚合法政治觀點為犯罪，不會為社會帶來效益。
律政司一方則重申，被告行為可能對選民自由投票施加不當壓力，又指選舉制度有漏洞，若不及時糾正，或礙「愛國者治港」、「一國兩制」，嚴重損害香港繁榮安定。
法庭最終裁定，本案控罪毫無疑問是顯然合理的，因控罪制定時，本港經歷了危及憲制、政治秩序的嚴重動亂和社會事件，引致全國人大常委會為本港完善選舉制度，再由本地立法會經充分辯論和討論制定立法。
Former Chinese University of Hong Kong Students’ Union president So Tsun-fung was accused of reposting online in 2021 a message by former Legislative Council member Ted Hui Chi-fung calling on voters to cast blank ballots in an election. He was prosecuted by the Independent Commission Against Corruption for violating the Elections (Corrupt and Illegal Conduct) Ordinance. After the trial magistrate ruled that the charge was constitutional, So changed his plea to guilty and was sentenced to two months’ imprisonment, suspended for 18 months. His subsequent appeal was dismissed. On Tuesday (24th), Deputy High Court Judge Yiu Fun-chi handed down reasons for his decision last month refusing to grant So a certificate to appeal to the Court of Final Appeal.
The judgment stated that the appellant argued the court had wrongly assumed that inciting others not to vote or to cast invalid ballots would be detrimental to an election. He relied on overseas case law suggesting that prohibiting citizens from boycotting an election amounted to an unreasonable restriction on freedom of expression. He also argued that persuading others was at the core of freedom of expression, and that criminalising the advocacy of a lawful political viewpoint would bring no benefit to society.
The Department of Justice, meanwhile, reiterated that the defendant’s conduct could exert improper pressure on voters’ freedom to vote. It also argued that there had been loopholes in the electoral system and that, if they had not been rectified in a timely manner, they could have obstructed the principles of “patriots administering Hong Kong” and “One Country, Two Systems”, thereby seriously undermining Hong Kong’s prosperity and stability.
The court ultimately held that the charge in this case was, without doubt, manifestly reasonable. It noted that, when the offence was introduced, Hong Kong had experienced serious unrest and social incidents that endangered the constitutional and political order. This led the Standing Committee of the National People’s Congress to improve Hong Kong’s electoral system, followed by local legislation enacted by the Legislative Council after extensive debate and discussion.
24 Jun 2025法庭線#6948
Second terrorism case | Says Telegram account was shared; fourth defendant admits mistaking colleague’s Chinese name: “You don’t check a friend’s ID card”
2020 年初，明愛醫院、羅湖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（24 日）於高院踏入第 122 天審訊，第四被告張家俊繼續作供。
張家俊早前供稱，其 Telegram 帳戶「Alpha Force」與同事 Rachel 梁芷欣等人共用，否認是他發出涉案的訊息，他另在盤問下，改口承認曾在 2020 年 1 月出境，但未能登上前往台灣的客機，因此重新入境。
控方周二展示乘客列表，指原定與張同行的人，是一名黎姓女子而非梁芷欣。張在盤問下承認 Rachel 是該黎姓女子而非梁芷欣，又指不知道 Rachel 的中文全名，「認識一個朋友，你唔會好似差佬咁對身份證」。控方質疑他為了否認是「Alpha Force」而撒謊，證供有多處分歧，張一概否認。審訊周三續。
Explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage in early 2020, and the Telegram channel “Ninety-Two Lots” subsequently claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while the remaining person was charged with “attempting to make explosives”. All eight pleaded not guilty. The trial at the High Court entered its 122nd day on Tuesday (24th), with fourth defendant Christopher Ka Tsun Cheung continuing to give evidence.
Christopher Ka Tsun Cheung earlier testified that his Telegram account, “Alpha Force”, was shared with colleagues including Rachel Rachel Tze Yan Leung, and denied sending the messages in question. During cross-examination, he also changed his account and admitted that he had left Hong Kong in January 2020 but failed to board a flight to Taiwan and subsequently re-entered Hong Kong.
The prosecution showed a passenger list on Tuesday and said the person originally travelling with Cheung was a woman surnamed Lai, rather than Rachel Tze Yan Leung. Under cross-examination, Cheung admitted that Rachel was the woman surnamed Lai and not Rachel Tze Yan Leung, and said he did not know Rachel’s full Chinese name: “When you know a friend, you wouldn’t check their identity card like a police officer.” The prosecution challenged him for lying to deny being “Alpha Force” and said his evidence contained numerous discrepancies. Cheung denied all the allegations. The trial will continue on Wednesday.
23 Jun 2025法庭線#6935
Artist behind “Money Freedom” symbol graffiti admits criminal damage, gets three-week sentence suspended for two years
創作「金錢自由」符號塗鴉的街頭藝術家，被指 2025 年 1 月，於中、上環一帶 20 個不同地方，損壞店舖或屬於政府的牆身、帳蓬、圍板、排檔及電箱等，被控 20 項刑事損壞罪，周一（23 日）在東區裁判法院判刑。
控辯雙方達成協議，被告承認 12 項控罪，控方同意撤銷其餘控罪。被告獲藝術系教授及收藏家客戶撰求情信，當中收藏家客戶的求情信，提到被告只是希望為都巿創造美學價值，及回饋社會。辯方指，被告願向受影響人士致歉，自行清潔塗鴉或以其他方式補償，例如免費為受害者作畫。
裁判官林子康判處被告監禁 3 星期，緩刑 24 個月執行。官同時判被告需支付總額 11,000 元的賠償金，並充公涉案的墨水筆及墨水。被告因另一宗案發於 2023 年，涉同一符號的塗鴉案，須繼續還押候審。
A street artist who created graffiti featuring the “Money Freedom” symbol was accused of damaging shop or government walls, awnings, hoardings, stalls and electricity boxes at 20 different locations in Central and Sheung Wan in January 2025. The artist faced 20 charges of criminal damage and was sentenced on Monday (23rd) at Eastern Magistrates’ Courts.
The prosecution and defence reached an agreement under which the defendant admitted 12 charges, while the prosecution agreed to withdraw the remaining charges. The defendant received mitigation letters from an arts professor and collector clients. One collector’s letter said the defendant had only hoped to create aesthetic value for the city and give back to society. The defence said the defendant was willing to apologise to those affected and clean the graffiti or provide other compensation, such as painting for the victims free of charge.
Magistrate Chee Hong Lam sentenced the defendant to three weeks’ imprisonment, suspended for 24 months. The defendant was also ordered to pay total compensation of $11,000, and the ink pens and ink involved in the case were confiscated. The defendant remains remanded in custody pending trial in another case arising from 2023 involving graffiti of the same symbol.
18 Jun 2025法庭線#6926
Second Anti-terrorism Case | Fourth Defendant Denies Making Remote Controls for Explosive Devices and Being a Mastermind, Calls Police Expert Evidence Far-fetched
2020 年初，明愛醫院、羅湖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，周三（18 日）於高院踏入第 119 天審訊，第四被告張家俊繼續作供。
控方質疑，張在案中是負責製作爆炸裝置的遙控，並放在首被告何卓為租用的宏創方單位，以供其他人使用，屬主謀之一。張否認，稱「我無相關知識，所以唔同意」。
控方又引述專家證人指，雖然在張公司搜出電池的電壓，不適用於涉案電路板，但可配合另一裝置減壓。張反駁指，「現實上無人會咁做」，並形容相關證供「夾硬」。案件周四續。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage. 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. On Wednesday (the 18th), the trial at the High Court entered its 119th day, with fourth defendant Christopher Ka Tsun Cheung continuing to give evidence.
The prosecution suggested that Cheung was responsible for making the remote controls for the explosive devices in the case and placing them in a unit at Hung Cheong Fong rented by first defendant Ho Cheuk Wai for others to use, making him one of the masterminds. Cheung denied this, saying, “I have no relevant knowledge, so I disagree.”
The prosecution also cited an expert witness who said that although the voltage of batteries found at Cheung’s company was unsuitable for the circuitry involved in the case, they could be used with another device to reduce the voltage. Cheung responded, “In reality, no one would do that,” and described the evidence as “forced”. The case will continue on Thursday.
17 Jun 2025法庭線#6923
Anti-terrorism second case | Fourth defendant denies “scouting” for Tseung Kwan O bombing and responsibility for arranging vehicle
2020 年初，明愛醫院、羅湖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（17 日）於高院踏入第 118 天審訊。第四被告張家俊繼續作供。
控方據涉案八達通及 TG 群組紀錄，指出張在 2020 年 3 月 7 日駕車前往將軍澳，為翌日的爆炸案「踩線」。張不同意，解釋此前已更換八達通卡，紀錄顯示的八達通「唔係我揸手」。
控方另引述 TG 群組訊息，顯示成員曾討論購入「鬼車」，以及如何處理用於將軍澳爆炸案的炸彈，指出張負責安排車輛。張同意有從正常途徑尋找車輛的經驗，但稱不知「鬼車」的意思，亦否認負責安排車輛。審訊周三續。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment, and the Telegram channel “九十二籤” later claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 118th day on Tuesday (17th). The fourth defendant, Christopher Ka Tsun Cheung, continued giving evidence.
Based on records from the Octopus card involved and a TG group, the prosecution said Cheung drove to Tseung Kwan O on 7 March 2020 to “scout” the site for the bombing the following day. Cheung disagreed, explaining that he had previously replaced his Octopus card and that the Octopus card shown in the records “was not the one I was using”.
The prosecution also cited TG group messages showing that members had discussed purchasing a “ghost car” and how to deal with the bomb used in the Tseung Kwan O bombing, and said Cheung was responsible for arranging the vehicle. Cheung agreed that he had experience finding vehicles through normal channels, but said he did not know what “ghost car” meant and denied being responsible for arranging the vehicle. The trial continues on Wednesday.
16 Jun 2025法庭線#6919
Anti-terrorism second case | Fourth defendant, who denied leaving Hong Kong last week, changes account and says he planned to go to Taiwan to get masks, citing “choosing to forget” deceased girlfriend
2020 年初，明愛醫院、羅湖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（16 日）於高院踏入第 117 天審訊。第四被告張家俊繼續作供。
針對張有否於 2020 年初離境赴台，張於上周曾否認，至周一則承認曾出境，稱打算赴台搶口罩，惟最終趕不上航班而作罷。控方和法官質疑，張兩次說法不同，張解釋當日與後來去世的女友最後一次看表演，「因為佢走咗，我選擇遺忘佢啲嘢」，形容是「保護機制」。
張又指，錯過航班後由同事載走。官關注，張沒有護照如何離境，同事又為何會在機場停車場等他？張指，習慣將護照放在背囊，又指同事知道時間緊逼，預計他未能登機。案件周二續。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment. The Telegram channel “92 Signs” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 117th day on Monday (the 16th). The fourth defendant, Christopher Ka Tsun Cheung, continued giving evidence.
Regarding whether Cheung had left Hong Kong for Taiwan in early 2020, he denied this last week but acknowledged on Monday that he had travelled abroad, saying he had planned to go to Taiwan to get masks but ultimately abandoned the plan after missing his flight. The prosecution and the judge questioned why Cheung had given two different accounts. Cheung explained that on that day he had attended a performance with his girlfriend, who later died, for the last time, saying, “Because she had passed away, I chose to forget about things concerning her,” describing this as a “protective mechanism”.
Cheung also said that a colleague drove him away after he missed the flight. The judge questioned how Cheung could have left Hong Kong without his passport, and why the colleague would have been waiting for him in the airport car park. Cheung said he habitually kept his passport in his backpack, and that his colleague knew time was tight and anticipated that he would be unable to board the flight. The case continues on Tuesday.
13 Jun 2025獨媒#6910
Koo Hoi-ming: Chan Tong-kai’s situation unchanged, has not left current residence
引發2019年反修例事件的主角、台灣殺人案疑犯陳同佳，2019年10月由香港出獄至今近六年，居於「深山」。有記者向協助陳同佳的立法會議員管浩鳴問及對方近況，管浩鳴指陳同佳情況沒改變，從未離開香港，也未有離開過現時居所。他又指陳同佳赴台自首意願不變，能否成行視乎台灣當局取態，至今未有任何突破。目前陳同佳亦沒有工作或進修。
陳同佳涉嫌2018年在台灣殺害女友潘曉穎，藏屍行李篋並棄屍荒野，再潛逃回港。他在港被捕，惟因本港與台方並無司法互助協議，僅被控以洗黑錢罪名。潘的家人向民建聯求助，觸發特區政府在2019年修訂《逃犯條例》，引發連串大型示威。
陳同佳在同年10月23日，就「洗黑錢」罪刑滿出獄，住在警方的安全屋至2021年，及後協助他的立法會議員管浩鳴稱安排對方在「深山」居住。
2019年6月12日，示威者在金鐘夏慤道一帶，抗議立法會恢復《逃犯條例》修訂草案二讀，引發大型衝突。六年過去，有記者向陳同佳的監護人管浩鳴查詢其近況。管浩鳴透過文字回覆：「同佳情況沒有改變，從未離開香港，也未有離開過現在住的地方」，又稱曾與對方通電話，其情況沒有太大變化。
Chan Tong-kai, the Taiwan murder case suspect at the centre of the 2019 anti-extradition bill protests, has lived in the “deep mountains” since being released from prison in Hong Kong in October 2019, nearly six years ago. Asked by reporters about Chan’s current situation, Legislative Council member Koo Hoi-ming, who has assisted him, said there had been no change: Chan had never left Hong Kong or his current residence. Koo said Chan’s willingness to surrender himself in Taiwan remained unchanged, but whether he could do so depended on the stance of the Taiwan authorities, and there had been no breakthrough so far. Chan currently has neither a job nor further studies.
Chan is suspected of killing his girlfriend, Poon Hiu-wing, in Taiwan in 2018, concealing her body in a suitcase and abandoning it in the wilderness before fleeing back to Hong Kong. He was arrested in Hong Kong, but because Hong Kong and Taiwan have no mutual legal assistance agreement, he was charged only with money laundering. Poon’s family sought help from the Democratic Alliance for the Betterment and Progress of Hong Kong, prompting the Hong Kong Special Administrative Region Government to amend the Fugitive Offenders Ordinance in 2019 and triggering a series of large-scale protests.
Chan was released on 23 October that year after completing his sentence for money laundering. He lived in a police safe house until 2021, after which Koo said he had arranged for Chan to live in the “deep mountains”. Six years after protesters gathered around Harcourt Road in Admiralty on 12 June 2019 to oppose the Legislative Council’s resumption of the second reading of the Fugitive Offenders Ordinance amendment bill, reporters asked Koo, Chan’s guardian, about his current situation. Koo replied in writing: “Chan’s situation has not changed. He has never left Hong Kong, nor has he left the place where he currently lives.” He added that he had spoken to Chan by telephone and that there had been no major change in his situation.
13 Jun 2025法庭線#6914
Lingnan student Lai Cheuk-yin disqualified from council election, seeks review over lack of opportunity to defend himself
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，他早前入稟申請司法覆核，要求推翻選舉主任的決定及選舉結果。案件周五（13 日）於高等法院進行聆訊，法官高浩文聽畢各方陳詞，將於 7 月 31 日或之前頒判決。
申請方質疑，選舉主任發電郵要求與賴會面時，沒提及目的，同日見面即通知他 DQ 決定，令賴沒有機會抗辯，涉程序不公。答辯方反駁，選舉主任於簡介會已向候選人說明規例，又指賴被 DQ 後受訪曾批評校方要求，可見他清楚規則。如選舉主任斷定賴違規仍容許他參選，會對其他候選人不公。
另外，散庭後，賴回應《東周刊》指控他「謀『學聯』物業」的報道，重申自己只是以信托形式為學聯持有物業，並無個人得益。
Lai Cheuk-yin, vice-president (external) of the Lingnan University Students’ Union, was disqualified by the university’s election officer last November from standing for election to the Council, Court and Senate after allegedly promoting his candidacy through “unofficial channels”. He earlier filed for judicial review, seeking to overturn the election officer’s decision and the election results. The case was heard in the High Court on Friday (the 13th). After hearing submissions from all parties, Judge Ko Ho-man said he would hand down his judgment on or before July 31.
The applicant argued that when the election officer emailed Lai asking to meet, the purpose of the meeting was not mentioned. Lai was notified of the disqualification at the meeting on the same day and was given no opportunity to defend himself, amounting to procedural unfairness. The respondents argued that the election officer had explained the regulations to candidates at a briefing, and that Lai’s comments in media interviews after being disqualified, criticising the university’s requirements, showed that he understood the rules. They said it would have been unfair to other candidates if the election officer had found that Lai had breached the rules but still allowed him to stand.
After the hearing, Lai responded to an Eastweek report alleging that he had been “plotting to acquire HKFS property”. He reiterated that he merely held the property for the Hong Kong Federation of Students on trust and had obtained no personal benefit.
13 Jun 2025法庭線#6915
Six years after anti-extradition bill protests, at least 44 people face sentence reviews; 14 were minors, many resentenced to custodial terms
反修例 6 周年，至今約 3,000 人被起訴。對部分人而言，審訊結束不等於案件告終。據律政司數字及《法庭線》翻查，律政司至少就當中 30 宗案提出刑罰覆核，涉及 44 名被告，當中 14 人案發時未成年。
律政司成功覆核當中 32 人的刑罰，他們逾半被改判監或者加監，另有 30 % 由感化令等改為判入勞教中心等拘禁式刑罰。有未成年被告由兒童保護令，改判社會服務令及感化令，並改為留有案底。
上訴庭大多認同律政司的覆核理據，指原審判刑時要考慮案發社會背景、若控罪和案情嚴重，更生的考慮相對公眾利益變得微不足道。就非法集結案，上訴庭亦釐清「黃之鋒案」判例，指該案從未裁定，沒有實質暴力行為就不應處以較具懲罰和阻嚇性的刑罰。
Six years after the anti-extradition bill protests, about 3,000 people have been prosecuted. For some, the end of a trial did not mean the case was over. According to Department of Justice figures and a review by The Witness, the Department of Justice has sought sentence reviews in at least 30 cases involving 44 defendants, 14 of whom were underage when the offences were committed.
The Department of Justice successfully secured revised sentences for 32 of them. More than half were sentenced to imprisonment or had their prison terms increased, while a further 30% had orders such as probation orders changed to custodial sentences, including admission to a training centre. Some underage defendants had their care or protection orders changed to community service and probation orders, resulting in criminal records.
The Court of Appeal largely agreed with the Department of Justice’s grounds for review, stating that the social background at the time of the offences had to be considered when the trial court imposed sentence. Where the charges and facts were serious, considerations of rehabilitation became relatively insignificant compared with the public interest. In unlawful assembly cases, the Court of Appeal also clarified the precedent in the Joshua Wong case, stating that it had never ruled that a more punitive and deterrent sentence should not be imposed where there was no actual violence.
12 Jun 2025法庭線#6899
Four League of Social Democrats members convicted of unlicensed fundraising and other offences, fined $12,600; magistrate says blank black cloth can be a poster
2023 年 4 至 5 月期間，社民連主席陳寶瑩、副主席周嘉發和余煒彬等 4 人，在銅鑼灣及灣仔擺街站派發印有捐款二維碼的刊物、展示黑布，被控「無牌籌款」及「未經准許展示招貼或海報」共 12 項傳票罪，周四（ 12 日）在東區裁判法院被裁定罪成，其中陳寶瑩被判罰款 6,600 元，另外 3 人判罰款 1,000 至 3,000 元。
裁判官屈麗雯指，示威及言論自由非絕對，法律可施加合理限制，指被告在行人路擺街站、掛黑布，造成滋擾。雖然黑布沒展示文字，但被告以揚聲器高呼口號，從上文下理了解，認為黑布可表達政見，符合「招貼」定義。
官又指，若被告單純想表達意見，大可刪除刊物上的二維碼及銀行資料，惟二維碼連接的付款平台在案發時仍活躍，即使社民連匯豐銀行戶口被停用，無法提取款項，都不等於被告沒進行籌款活動。
Between April and May 2023, League of Social Democrats chairperson Chan Po-ying, vice-chairpersons Chow Ka-fat and Yu Wai-pan, and one other person set up street booths in Causeway Bay and Wan Chai, where they distributed publications printed with donation QR codes and displayed black cloth banners. They faced a total of 12 summonses for “unlicensed fundraising” and “displaying bills or posters without permission”. On Thursday (12th), they were convicted at Eastern Magistrates’ Courts. Chan Po-ying was fined HK$6,600, while the other three defendants were fined between HK$1,000 and HK$3,000.
Magistrate Wat Lai-man said that the freedoms of demonstration and expression were not absolute and could be subject to reasonable restrictions imposed by law. She found that the defendants had caused a nuisance by setting up street booths and hanging black cloth on the pavement. Although the black cloth contained no written words, the defendants had chanted slogans through loudspeakers. Taken in context, she considered that the black cloth was capable of expressing political views and therefore fell within the definition of a “bill or poster”.
The magistrate also said that, if the defendants had merely intended to express their views, they could have removed the QR codes and bank details from the publications. However, the payment platform linked to the QR code remained active at the time of the offences. Even though the League of Social Democrats’ HSBC bank account had been suspended and the funds could not be withdrawn, that did not mean the defendants had not been carrying out fundraising activities.
Translations are supplied by the source workbook. Consult the original reporting for context.
