12 May 2025集誌社#6781
Zou Kai-shing complaint case: High Court dismisses conviction appeals; three-day jail term replaced with $1,800 fine
2023 年 5 月，正因「 47 人初選案」被還押的鄒家成，擬向申訴專員公署投訴遭懲教損毀、及拒絕其親友送入兩本佛學書籍，填妥公署投訴表格後交予律師寄出；鄒與助理律師胡詠斯，其後被國安處控以「將未經授權的物品攜離監獄」罪。兩人拒認罪受審罪成，鄒被判處即時監禁三日、律師被判罰 1800 元。
鄒及律師不服定罪提上訴，高等法院今年 2 月審理。高院原訟法庭法官張慧玲今日下午宣讀判詞，裁定涉案的投訴表格未獲授權，懲教保安程序是有法可依，駁回鄒家成和律師的定罪上訴、維持罪成；法官另裁決鄒家成刑期上訴得直，認為他未獲告知可申請由第三者寄信，故罪責較輕，由即時監禁 3 日改為罰款 1800 元。
In May 2023, Zou Kai-shing, who was then remanded in custody over the “47-person primary election case”, intended to complain to the Office of the Ombudsman that Correctional Services had caused damage and had refused to allow two Buddhist books sent by his relatives and friends. After completing the Office’s complaint form, he handed it to his lawyer for posting. Zou and assistant lawyer Phyllis Wing See Woo were subsequently charged by the National Security Department with the offence of “removing an unauthorised item from prison”. Both pleaded not guilty but were convicted after trial. Zou was sentenced to immediate imprisonment for three days, while the lawyer was fined $1,800.
Zou and the lawyer appealed against their convictions, and the High Court heard the appeals in February this year. Cheung Wai-ling, a judge of the High Court’s Court of First Instance, handed down her judgment this afternoon, ruling that the complaint form in question had not been authorised and that the Correctional Services security procedures had a legal basis. She dismissed the conviction appeals by Zou Kai-shing and the lawyer and upheld their convictions. The judge separately allowed Zou Kai-shing’s sentence appeal, finding that he had not been told that he could apply for a third party to send a letter, and that his culpability was therefore lower. His immediate three-day prison sentence was replaced with a $1,800 fine.
9 May 2025獨媒#6776
13 Tai Hang Sai Estate residents sued over refusal to move out; trials set for September and October as judge urges settlement
石硤尾大坑西邨開展清拆重建計劃，業主香港平民屋宇有限公司入稟區院控告13名拒絕遷出的居民。其中一名居民梁亞端早前向高院申請司法覆核，要求法庭裁定安置方案不合法，以及禁止平屋在未有妥善安置方案之前迫遷，法官高浩文聽過雙方陳詞後，即日駁回司法覆核。13名居民的案件今早（9日）於區院進行案件管理聆訊，他們均打算繼續訴訟。法官陳錦泉將13宗案件分成兩批排期審訊，其中7人的案件定於9月22日開審，共需時7日；另外6人的案件則定於10月27日開審，需時6日。陳官提醒，早前司法覆核已敗訴，若居民運用相同的理據在區院抗辯的話，敗訴機會很高，籲居民認真考慮會否與平屋和解，否則一旦敗訴的話，被告人有支付訟費的風險。平屋一方則強調「我哋係門常開」，並且會考慮每一個方案。
Hong Kong Settlers Housing Corporation Limited, the owner of Tai Hang Sai Estate in Shek Kip Mei, has filed District Court proceedings against 13 residents who refused to move out as the estate undergoes redevelopment. One resident, Leung Nga-tuen, earlier applied to the High Court for a judicial review, asking the court to rule that the rehousing scheme was unlawful and to prohibit the corporation from evicting residents before a proper rehousing scheme was in place. After hearing submissions from both sides, Judge Ko Ho-man dismissed the judicial review on the same day. At a case management hearing in the District Court this morning (the 9th), all 13 residents indicated that they intended to continue with the litigation. Judge Kam Tsuen Chan divided the 13 cases into two batches for trial. The cases involving seven residents will begin on 22 September and last seven days, while those involving the other six residents will begin on 27 October and last six days. Judge Chan reminded the residents that they had already lost the judicial review and that if they used the same arguments to defend themselves in the District Court, there was a high chance they would lose. The judge urged them to seriously consider whether to settle with the corporation, warning that if they lost, the defendants could face an order to pay legal costs. The corporation said, "Our door is always open," and that it would consider every proposal.
8 May 2025法庭線#6770
Second Terrorism Case | Former girlfriend’s counsel challenges first defendant over mistaken birthday date cited to deny involvement in Caritas Hospital bombing
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，周四（8 日）於高院踏入第 100 天審訊。
首被告何卓為連續第 18 天出庭作供，代表何卓為前女友、第 7 被告何培欣的大律師郭憬憲繼續盤問，指他在錄影會面時，提到明愛醫院爆炸案發生前一晚，即 1 月 26 日，他在宏創方 503 室為何培欣慶祝生日，但事實上何培欣在 1 月 27 日晚才進入 503 室。何解釋當時是「撈亂咗時間」。
郭質疑，當時何卓為想「借佢（何培欣）過橋」，辯護自己沒有參與明愛爆炸案，何否認並指「絕對冇可能」。案件周五（9 日）續。
In early 2020, explosives were found at Caritas Hospital and in a Lo Wu MTR train carriage. The Telegram channel “九十二籤” later claimed responsibility. Seven people were charged with offences under the 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 100th day on Thursday (8).
Ho Cheuk Wai gave evidence for the 18th consecutive day. Barrister Douglas King Hin Kwok, representing Ho Cheuk Wai’s former girlfriend and the seventh defendant, Ho Pui-yan, continued cross-examining him. It was put to him that, during a video-recorded interview, he said that on January 26, the night before the Caritas Hospital bombing, he had celebrated Ho Pui-yan’s birthday in Room 503 at Wang Cheong Building. In fact, Ho Pui-yan only entered Room 503 on the evening of January 27. He explained that he had “mixed up the timing”.
Kwok suggested that Ho Cheuk Wai had wanted at the time to “use her (Ho Pui-yan) as a bridge” to defend himself against involvement in the Caritas Hospital bombing. Ho Cheuk Wai denied this, saying it was “absolutely impossible”. The case continues on Friday (9).
7 May 2025法庭線#6765
Anti-terrorism second case | First defendant cross-examined by other defence counsel, confirms he never saw second defendant make explosives or bombs
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（7 日）於高院踏入第 99 天審訊。
首被告何卓為第 17 天出庭作供，他在次被告一方盤問時，承認被捕前不知次被告叫「山雞」，是自己按警員說法「估計配返個身分落去」。何亦確認，從未見過對方煮炸藥、整炸彈等。
何另在第七被告、其前女友一方盤問下，稱為了保護對方，在與警員錄影會面時是故意說錯其中文姓名，「我自己亦好清楚，第七被告根本同一系列嘅事件冇關。」案件周四續。
Explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu in early 2020. The Telegram channel “九十二籤” later claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while one other person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 99th day on Wednesday (the 7th).
The first defendant Ho Cheuk Wai testified on the 17th day. During questioning by the second defendant’s counsel, he admitted that before his arrest he did not know the second defendant was called “山雞”, and that he had “guessed and matched an identity to him” based on what police officers had said. Ho also confirmed that he had never seen the second defendant make explosives or bombs.
During questioning by the seventh defendant and his former girlfriend’s counsel, Ho said that, in order to protect the other person, he had deliberately given the wrong Chinese name during a video-recorded interview with police. “I also knew very clearly that the seventh defendant had absolutely nothing to do with the series of incidents.” The trial continues on Thursday.
7 May 2025獨媒#6767
WhatsApp Messages Discussing Attacks on Police and Their Families: Appeals by Three Men Convicted of Incitement Dismissed
三名男子涉於2019年10月，在討論 Audi 汽車的 WhatsApp 群組籲殺警及其家人，他們否認兩項「煽惑他人有意圖而導致有人身體受嚴重傷害」罪，經審訊被裁定罪成，判囚22個月。他們不服定罪及刑罰，提出上訴，高院上訴庭今（7日）聆訊處理。定罪上訴方面，上訴人堅稱，訊息內容可以有其他解讀方式，煽惑傷害警察家人並非唯一不可抗拒的推論。刑罰上訴方面，上訴人指，兩項煽惑控罪分別涉及警察和警察的家人，惟被告當時乃「撈埋一齊嚟鬧」，原審法官不應將兩項控罪的其中2個月分期執行。法官彭偉昌則回應，被告當時大可以選擇接受網民所稱：「禍不及家人」，然而他們未有如此做。3名法官考慮陳詞後，全數駁回定罪及刑罰上訴，維持原判，並表示會在9個月內頒布書面判決理由。
Three men were accused of urging the killing of police officers and their families in October 2019 in a WhatsApp group discussing Audi cars. They denied two counts of inciting another person, with intent, to cause grievous bodily harm, but were convicted after trial and sentenced to 22 months’ imprisonment. They appealed against their convictions and sentences, and the Court of Appeal heard the case today (the 7th). On the conviction appeals, the appellants maintained that the messages could be interpreted in other ways and that inciting harm to police officers’ family members was not the only irresistible inference. On the sentence appeals, they argued that the two incitement charges concerned police officers and their family members respectively, but that the defendants had been “lumping them together to abuse them” at the time, and that the trial judge should not have ordered two months of the sentences on the two charges to be served consecutively. Justice Pang Wai-cheong responded that the defendants could have chosen to accept the saying used by internet users that “misfortune should not extend to family members”, but had not done so. After considering the submissions, the three judges unanimously dismissed the appeals against conviction and sentence, upheld the original judgment, and said written reasons would be handed down within nine months.
7 May 2025法庭線#6769
October 13 Mong Kok | Woman acquitted of assaulting roadblock clearer; DOJ appeal rejected three years later and ordered to pay costs
2019 年 10 月 13 日「18 區開花」，旺角爆發衝突，一名女子清路障時遭「私了」。案發時 42 歲女子被指開傘掩護黑衣人施襲，經審訊獲裁定無罪。律政司 3 年後提出上訴，案件再於逾一年後，即去年 11 月審理，被高院暫委法官姚勳智即日駁回。
被告申請訟費，指律政司處理上訴時「存在嚴重而不合理的延誤」，又指被判無罪後 4 年仍忐忑不安，擔心律政司會否繼續上訴，以及一旦上訴得直，自己可能需要即時入獄。律政司一方對於訟費申請沒異議。法官周三（7 日）頒判詞，下令律政司支付 10 萬元訟費。
On October 13, 2019, clashes broke out in Mong Kok during the “blossoming in 18 districts” protests, and a woman clearing a roadblock was attacked by a mob. The 42-year-old woman was accused of using an umbrella to shield people in black clothing while they assaulted the victim, but was acquitted after trial. The Department of Justice lodged an appeal three years later. The case was heard more than a year after that, in November last year, and was dismissed the same day by acting High Court judge Yiu Fan-chi.
The defendant applied for costs, saying the Department of Justice had caused “serious and unreasonable delays” in handling the appeal. She also said she had remained anxious for four years after being acquitted, worried about whether the Department of Justice would continue to appeal and that, if the appeal succeeded, she might have to go to prison immediately. The Department of Justice did not object to the costs application. In a judgment handed down on Wednesday (the 7th), the judge ordered the Department of Justice to pay $100,000 in costs.
6 May 2025法庭線#6764
Second Terrorism Case | First Defendant Continues to Retract Video-Recorded Evidence, Saying He Was Tired and Unwell and Pieced Together Hearsay to Cooperate with Police
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（6 日）於高院踏入第 98 天審訊。
首被告何卓為連續第 16 天出庭作供，他繼續指出與警員的錄影會面證供並非事實，庭上改口確認沒有目睹被告李嘉濱及吳子樂，在他的單位處理電路板，亦否認「叉雞飯」（被指第五被告楊怡斯）在羅湖港鐵站爆炸案負責把風。
何解釋，被捕後從警員知悉有其他被捕人誣捏自己，故「屈返對方」，而錄影會面時疲倦、不適，故想配合警員盡快完成而說出一些傳聞和自己「腦海拼湊嘅記憶」。案件周三續審。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. 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 manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 98th day on Tuesday (6th).
The first defendant Ho Cheuk Wai continued giving evidence for the 16th consecutive day. He maintained that the evidence in his video-recorded interviews with police was untrue. In court, he changed his account to confirm that he had not seen defendants Lee Ka-ban and Tsz Lok Ng handling circuit boards at his flat. He also denied that “Cha Gai Fan” (identified as fifth defendant Yeung Yee-sze) was responsible for acting as a lookout in the Lo Wu MTR station bombing case.
He explained that after his arrest, police told him that other arrestees had falsely accused him, so he “hit back by accusing them”. He said he was tired and unwell during the video-recorded interviews and wanted to cooperate with police to finish them as soon as possible, so he said some hearsay and memories that he had “pieced together in his mind”. The case will continue on Wednesday.
2 May 2025法庭線#6754
Second Anti-Terrorism Case｜First Defendant Retracts Video-Recorded Evidence in Court, Says He Falsely Implicated Others After Police Told Him He Was Framed as Mastermind
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，周五（2 日）於高院踏入第 97 天審訊。
首被告何卓為繼續作供，庭上推翻與警方錄影會面時的證供。何稱，O 記警員曾向他展示 WhatsApp 訊息，顯示有同案被捕人指證他是主謀，並威脅他人放炸彈，因此自己亦訛稱對方有份製炸彈、策劃案件。何庭上改稱，相關證供都不是事實。
對於在錄影會面中，何被錄下詢問警員「點呀？阿 sir」，何庭上解釋，當時欲提醒 O 記的警長他們的「交易協議」，即若他合作可考慮給予保釋，但他指，在會面結束後再遭警責罵，向他稱「係咪想再俾人踩春袋？」他因怕遭毆打而續同意與警落口供。審訊下周二續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR carriage at Lo Wu, after which the Telegram channel “九十二籤” claimed responsibility. Seven people were charged with offences under the United Nations (Anti-Terrorism Measures) Ordinance, while one other person was charged with attempting to manufacture explosives. All eight pleaded not guilty, and the trial at the High Court entered its 97th day on Friday (2nd).
The first defendant, Ho Cheuk Wai, continued giving evidence and retracted in court the evidence he gave during video-recorded police interviews. Ho said an officer from the Organised Crime and Triad Bureau had shown him WhatsApp messages indicating that another person arrested in the case had identified him as the mastermind and said he had threatened others with bombing. Ho said he therefore falsely claimed that the other person had been involved in making bombs and planning the case. He told the court that the relevant evidence was not true.
Regarding a video recording in which he was heard asking police, “What is it, sir?”, Ho explained that he had wanted to remind the sergeant from the Organised Crime and Triad Bureau of their “deal”—that his cooperation could be taken into consideration in relation to bail. He said, however, that after the interview ended, police again scolded him and asked, “Do you want to be kicked in the groin again?” He continued agreeing to give a statement to police because he feared being beaten. The trial will continue next Tuesday.
2 May 2025法庭線#6756
Chow Hang-tung confirms withdrawal of judicial review over prison ban on books; says Chief Executive issued certificate invoking national security; government: no comment on individual case
正就支聯會案還押的前支聯會副主席鄒幸彤，去年 7 月申請司法覆核，指懲教署扣起 4 本由其母親送入的書，包括記協出版的《人民不會忘記：八九民運實錄》、陳慧的《弟弟》，案件原定排期今年 4 月聆訊。
鄒幸彤的 Patreon 上周發文，鄒透露因特首李家超發出「行政長官證明書」，指涉案 4 書牽涉「國家安全」，決定撤銷訴訟。她提到，證明書對法庭有約束力，「反正結論就是，對方有這麼一個核彈在，官司大概是輸定了」。
《法庭線》就鄒的說法，分別向特首辦、懲教署查詢，特區政府發言人回覆指不評論個別案件，但指如外間刊物性質不利在囚人士改過自新，懲教署可扣起有關刊物，又指行政長官有權發出證明書，相關資料涉國安工作信息，除因案件需要以外，不予公開。
Chow Hang-tung, the former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China who is remanded in custody over the Alliance case, applied for judicial review last July, alleging that the Correctional Services Department had withheld four books sent in by her mother. They included *People Will Not Forget: A Record of the 1989 Democracy Movement*, published by the Hong Kong Journalists Association, and *Younger Brother* by Chan Wai. The case was originally scheduled to be heard this April.
In a post on her Patreon last week, Chow said that she had decided to withdraw the proceedings after Chief Executive John Lee issued a “Chief Executive’s certificate” stating that the four books involved national security. She said the certificate was binding on the court, adding: “In any event, the conclusion is that with the other side having such a nuclear weapon, the lawsuit was probably destined to be lost.”
The Courtline contacted the Chief Executive’s Office and the Correctional Services Department about Chow’s account. A Hong Kong Special Administrative Region Government spokesperson said it did not comment on individual cases, but said that the Correctional Services Department could withhold outside publications if their nature was detrimental to the rehabilitation of persons in custody. The spokesperson also said the Chief Executive had the power to issue certificates, and that relevant information concerned information relating to national security work and would not be disclosed except as required for the case.
30 Apr 2025法庭線#6745
11.18 Yau Ma Tei | Man convicted of rioting and jailed for five years applies for leave to appeal; judge dismisses bid as not reasonably arguable
2019 年 11 月 18 日，警方圍封理工大學，213 人涉在油麻地「圍魏救趙」被控暴動，分拆成多案審理。其中一案，尼泊爾籍被告經審訊被裁定罪成，他不服定罪和刑罰，申請上訴許可，周三（30 日）在高院上訴庭處理。
申請人無律師代表，有兩名傳譯協助。法官潘敏琦引述文件，指其上訴理由包括沒有參與任何示威、不認識任何示威者；當時他穿拖鞋、住在暴動現場附近，可以削弱參與暴動的推論等。
律政司一方稱，申請人已在審訊階段提出上述理由，指他是否認識示威者無關要旨，又指原審於裁決時已作出分析。官指，申請人提出的理由不具合理可爭辯，拒發出上訴許可，將於 3 個月內頒下判詞，同時向申請人發出「減時命令風險警告」。
On 18 November 2019, police cordoned off the Polytechnic University. A total of 213 people were charged with rioting in connection with an attempt in Yau Ma Tei to “besiege Wei to rescue Zhao”, and the cases were split for trial. In one case, a Nepalese defendant was convicted after trial. He challenged his conviction and sentence and applied for leave to appeal. The application was heard in the High Court’s Court of Appeal on Wednesday (30th).
The applicant was unrepresented and assisted by two interpreters. Judge Poon Man-ki cited the documents, saying his grounds of appeal included that he had not participated in any demonstration and did not know any demonstrators. He also argued that he had been wearing slippers and lived near the scene of the riot, which could weaken the inference that he had participated in the riot.
The Department of Justice said the applicant had raised those arguments at trial, adding that whether he knew the demonstrators was irrelevant to the issue and that the trial court had analysed the matter when delivering its verdict. The judge said the grounds advanced by the applicant were not reasonably arguable and refused leave to appeal. A written judgment will be handed down within three months, and the applicant was also issued a “warning of the risk of a time-reduction order”.
Translations are supplied by the source workbook. Consult the original reporting for context.
