31 Mar 2025法庭線#6632
Autistic student convicted of insulting national flag loses appeal; judge says trial court considered mental condition
2022 年 10 月 1 日，19 歲自閉症男學生被指在深水埗，損毀 5 支國旗及區旗旗桿，旗幟則沒受損。男生被裁定「侮辱國旗」等 3 罪成，判入更生中心，不服定罪提上訴。暫委法官姚勳智周一（31 日）在高等法院駁回上訴。
法官指，上訴人在原審確認，不依賴自閉症作為抗辯理由，又指原審裁判官已考慮其精神狀況。法官另引述醫療報告，指「相信上訴人給精神同藥物影響的機會較微」。上訴方又質疑，原審提問時沒放慢速度，法官則指，沒證據顯示被告不明白審訊過程和提問。
法官又表示，片段顯示被告直接步向、屈曲旗桿，導致國旗不能豎立，「明顯是故意而行，且具侮辱意圖」。
On 1 October 2022, a 19-year-old male student with autism was alleged to have damaged five flagpoles for national and regional flags in Sham Shui Po, while the flags themselves were not damaged. He was convicted of three offences, including insulting the national flag, and sentenced to a rehabilitation centre. He appealed against the convictions. Acting Judge Yiu Fan-chi dismissed the appeal at the High Court on Monday (31st).
The judge said the appellant had confirmed at trial that he was not relying on autism as a defence, and said the trial magistrate had considered his mental condition. The judge also cited a medical report stating that “the likelihood of the appellant being affected by psychiatric [factors] and medication was relatively low”. The appeal also questioned why the trial court had not slowed down when asking questions. The judge said there was no evidence that the defendant did not understand the trial process and the questions.
The judge further said footage showed the defendant walking directly towards and bending the flagpoles, resulting in the national flags being unable to stand upright. This was “clearly done intentionally and with an intention to insult”, the judge said.
31 Mar 2025法庭線#6633
Second Terrorism Case | Prosecution explosives expert confirms devices involved were low explosives, disagrees they should be classified as smoke 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，周一（31 日）於高院踏入第 79 天審訊。
爆炸品處理課高級炸彈處理主任接受辯方盤問時，確認在明愛醫院和羅湖站的爆炸品，分別是「火箭糖」和「閃粉」炸藥，屬低性能炸藥，而各被告僅談及策劃在將軍澳擺放「閃粉」炸藥，無印象談及 AN/AL 等高性能炸藥。
證人不同意上述兩種炸藥均歸類為煙霧彈，重申炸藥的威力取決於其數量、擺放的容器、爆炸的地點，「講唔到一出現某一種炸藥，就斷定佢嘅實際用途」。審訊周二續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “92 Lots” subsequently claimed responsibility. Seven people were charged with offences under the anti-terrorism legislation, 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 79th day on Monday (the 31st).
Under cross-examination by the defence, a senior bomb disposal officer from the Explosive Ordnance Disposal Bureau confirmed that the explosives at Caritas Medical Centre and Lo Wu station were respectively “rocket candy” and “glitter” explosives, both low explosives. The defendants had only discussed planning to place “glitter” explosives in Tseung Kwan O, and there was no recollection of discussions about high explosives such as AN/AL.
The witness disagreed that both types of explosives should be classified as smoke bombs. He reiterated that the power of an explosive depends on its quantity, the container in which it is placed and the location of the explosion, saying: “You cannot determine its actual purpose simply because a particular type of explosive appears.” The trial will continue on Tuesday.
28 Mar 2025法庭線#6628
Second Terrorism Case | Defendant Discussed Putting Gravel in Bomb; Prosecution Expert Says It Could Increase Blast Power, and Someone Gave Bomb-Making Guidance
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（28 日）於高院踏入第 78 天審訊。
控方展示第四被告張家俊的 Telegram 訊息紀錄，指他與一名不知名人士，討論將碎石放入炸藥，亦提及現場可能有無辜巿民。爆炸品處理課（EOD）高級炸彈處理主任確認，加碎石會增強炸彈的威力，又指有人在訊息指導被告製作炸彈的技術和細節。
控方亦呈上警方在張家俊手提電腦搜出的《即興彈藥手冊》，內容包括製作管狀手榴彈的步驟。EOD 證人指，這類軍事手冊有不同渠道流出，例如去其他國家參與軍事訓練時，都可能獲發。審訊下周一續。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage. The Telegram channel “九十二籤” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while the remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 78th day on Friday (the 28th).\n\nThe prosecution presented Telegram message records from fourth defendant Christopher Ka Tsun Cheung, alleging that he discussed with an unidentified person putting gravel into explosives, and also mentioned that innocent members of the public might be at the scene. A senior bomb disposal officer from the Explosive Ordnance Disposal (EOD) unit confirmed that adding gravel would increase a bomb’s power, and said someone had provided the defendant with technical guidance and details on making bombs in the messages.\n\nThe prosecution also submitted an “Improvised Munitions Handbook” found by police on Christopher Ka Tsun Cheung’s laptop, which included steps for making a pipe grenade. The EOD witness said such military manuals could circulate through various channels, including possibly being issued to people participating in military training in other countries. The trial will continue on Monday next week.
27 Mar 2025法庭線#6626
Second Anti-terrorism Case | Prosecution Expert Says Chemicals Are Regulated by Law; Judge Reminds Jury to Consider Charges Independently
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（27 日）於高院踏入第 77 天審訊。
爆炸品處理課（EOD）高級炸彈處理主任續以控方專家證人身分作供，他指警方在涉案宏創方 503 室搜出的化學品，可製成重 32.4 公斤的炸藥；又指原定放炸彈的將軍澳尚德邨停車場外，左方較開揚，若有爆炸將傷害在場任何人，2 樓玻璃外牆亦會受破壞倒下。
證人指，連同其他各處搜出的化學品，儲存或管有都受法例規管，亦必須放入危險品倉庫。法官提醒陪審團，不能基於被告涉觸犯儲存化學品的法例，來判斷他們有更高傾向牽涉本案的控罪。審訊周五續。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment. The Telegram channel “Ninety-Two Lots” subsequently claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while the remaining defendant was charged with attempting to manufacture explosives. All eight pleaded not guilty, and the trial at the High Court entered its 77th day on Thursday (27th).
A senior bomb disposal officer from the Explosive Ordnance Disposal Bureau continued to testify as a prosecution expert witness. He said chemicals seized by police from Room 503 at The Octagon in the case could be used to make 32.4 kilograms of explosives. He also said the area to the left outside the car park at Sheung Tak Estate in Tseung Kwan O, where the bomb was originally intended to be planted, was more open; if an explosion occurred, anyone present could be injured, and the glass curtain wall on the second floor would also be damaged and collapse.
The witness said that, together with chemicals seized at other locations, the storage or possession of the chemicals was regulated by law and they were required to be kept in a dangerous goods warehouse. The judge reminded the jury that they could not infer that the defendants were more likely to be involved in the charges in this case merely because they were alleged to have breached laws regulating the storage of chemicals. The trial will continue on Friday.
27 Mar 2025法庭線#6627
721 riot convictions: non-white-shirted Jason Wing Hei Chan lodges appeal; all seven defendants appeal verdicts
前立法會議員林卓廷與另外 6 名「非白衣人」，被裁定 721 在元朗站大堂參與暴動罪成，上月被判囚 2 年 1 個月至 3 年 1 個月。
高院最新資料顯示，繼林卓廷等 6 人提出上訴後，餘下的陳永晞亦已提出上訴，即該案所有被告均不服裁決，提出上訴。案件暫未排期聆訊。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted” people were convicted of rioting in the concourse of Yuen Long Station on 21 July, and were sentenced last month to between two years and one month and three years and one month in prison.
The latest High Court information shows that, after Lam Cheuk-ting and the other six people filed appeals, the remaining Jason Wing Hei Chan has also lodged an appeal. This means all defendants in the case have appealed against the verdicts. The case has not yet been scheduled for a hearing.
26 Mar 2025法庭線#6623
Anti-terrorism second case | Prosecution says defendants planned to plant bombs; expert estimates devastating power, capable of killing within 50 metres
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（26 日）於高院踏入第 76 天審訊。
控方指各被告原定在將軍澳放置炸彈，並在 Telegram 討論 20 公斤重炸藥。爆炸品處理課（EOD）高級炸彈處理主任指出，若有足夠的密閉空間盛載，20 公斤低性能炸藥威力「係好驚人」，在 50 米範圍有強大殺傷力，而如屬高性能炸藥，殺傷力會大 3 倍。審訊周四續。
Explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment in early 2020. The Telegram channel “Ninety-Two Lots” later claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while the remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 76th day on Wednesday (the 26th). The prosecution said the defendants had planned to plant bombs in Tseung Kwan O and had discussed 20-kilogram explosives on Telegram. A senior bomb disposal officer from the Explosive Ordnance Disposal Bureau said that, if contained in a sufficiently confined space, 20 kilograms of low explosives would have “very astonishing” power, causing powerful lethal effects within 50 metres. If high explosives were used, the destructive power would be three times greater. The trial continues on Thursday.
25 Mar 2025法庭線#6616
Second Anti-Terrorism Case | Prosecution Expert Says Lo Wu Station Platform Bomb Could Have Caused Extremely Severe Casualties if Detonated Inside Train Carriage
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（25 日）於高院踏入第 75 天審訊。
爆炸品處理課（EOD）高級炸彈處理主任續以專家證人身分作供，他分析明愛醫院爆炸案片段，指濃煙遮蓋逃生出口，「你想走係未必走到」，加上急症室內有病人、傷者，可能無法逃生。另指煙霧雖然無毒但對人有害，因為可造成不適甚至灼傷肺部。
至於羅湖站月台的爆炸案，炸彈裝置原本是放置在車廂。證人分析片段，指可見爆炸時產生大量煙霧，假設在車廂內爆炸「將會係傷亡非常之慘重」，指因濃煙更難散去，恐令乘客爭相走避，甚至「監生焗死」。審訊周三續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “Ninety-Two Fortune Sticks” later claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while the remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 75th day on Tuesday (25th).
A senior bomb disposal officer from the Explosive Ordnance Disposal Bureau continued to testify as an expert witness. Analysing footage from the Caritas Medical Centre explosion case, he said thick smoke obscured the escape exits, meaning “you might not be able to get out”. He added that patients and injured people were in the emergency room and might be unable to escape. He also said that although the smoke was not toxic, it was harmful because it could cause discomfort and even burn the lungs.
Regarding the explosion case at the Lo Wu station platform, the bomb device had originally been placed inside a train carriage. Analysing the footage, the witness said a large amount of smoke could be seen being produced when it exploded. If the explosion had occurred inside the carriage, “the casualties would have been extremely severe”, he said, because the thick smoke would have been harder to disperse, potentially causing passengers to flee in panic and even “suffocate to death”. The trial will continue on Wednesday.
21 Mar 2025法庭線#6608
Lo Kin-hei acquitted of unlawful assembly; Department of Justice appeal dismissed — Lo says he will face any further appeal calmly
2019 年 11 月 18 日，市民發起到尖沙咀「營救」理大內示威者，多人被捕。民主黨主席羅健熙受審後，被裁定非法集結罪不成立。律政司不服裁決，以案件呈述方式提上訴，高院上訴庭周五（21日）駁回上訴，維持無罪裁決。
判詞指，原審法官忽視「盧建民案」，仍然以為非法集結須證明額外的「共同目的」，未能讀通之前案例，「是令人遺憾的」。但他最終裁定羅無罪，是因為法庭始終不能肯定他意圖鼓勵或號召非法集會，「實在不是由原審法官對法律的誤解所致」。
羅在庭外指，案件經歷數年，現「稍為放鬆少少…起碼叫做有一件事了咗嘅一個情況」。被問到會否擔心律政司再上訴，羅稱暫不估計太多，會以平常心面對，「如果要再上訴，我哋只能夠再面對一次」。
另外，同案被告、台灣「公視」特約記者鄧卓儒，被裁定在公眾地方管有攻擊性武器罪成囚 15 月。他不服定申上訴許可，周五被駁回，他早前已服畢刑期。
On 18 November 2019, members of the public organised a march to Tsim Sha Tsui to “rescue” protesters inside PolyU, and many people were arrested. Democratic Party chairperson Lo Kin-hei was later tried and found not guilty of unlawful assembly. The Department of Justice, dissatisfied with the ruling, lodged an appeal by way of case stated. The High Court Court of Appeal dismissed the appeal on Friday (21st), upholding the acquittal.
The judgment said the trial judge had overlooked the Lo Kin-man case and continued to believe that the prosecution had to prove an additional “common purpose” for unlawful assembly. The judge had failed to properly understand the earlier cases, which was “regrettable”. However, the trial judge ultimately acquitted Lo because the court could never be sure that he intended to encourage or call for an unlawful assembly. This “was not in fact caused by the trial judge’s misunderstanding of the law”.
Speaking outside court, Lo said that after the case had lasted several years, he was now “a little more relaxed… at least, one thing can be said to have been brought to an end”. Asked whether he was concerned that the Department of Justice might appeal further, Lo said he would not speculate too much for now and would face it calmly: “If there is to be another appeal, we can only face it once again.”
Another defendant in the same case, Tang Cheuk-yu, a freelance reporter for Taiwan Public Television Service, was convicted of possessing an offensive weapon in a public place and sentenced to 15 months’ imprisonment. His application for leave to appeal was dismissed on Friday. He had already served his sentence.
21 Mar 2025法庭線#6609
Oct 1 Wan Chai | Communications Graduate Convicted of Riot; Appeal Says He Was There to Take News Photos, but Judge Rejects Application Same Day
2019 年 10 月 1 日，灣仔爆發警民衝突，11 名男子被控暴動等罪。其中案發時任職港台節目助理的被告，經審訊後被裁定罪成，判囚 4 年。他不服定罪申請上訴許可，周五（21 日）在上訴庭審理，法官潘敏琦即日拒絕申請，將於 3 個月內頒布書面判詞。
上訴方指，上訴人當時雖然非任職攝影記者，但他打算入行，故到場拍攝新聞作品，並向法庭呈上相關相片，「唔可以因為去影示威者就係參與（暴動）」，又以戰地記者為喻，「打仗唔應該去，戰地記者去唔代表佢哋參與戰事…謙卑地話，佢坐緊冤獄㗎閣下」。
官指，相片大部分拍攝示威者的背面，質疑為何不跑到示威者前方拍攝，上訴方反指「你唔會叫佢（示威者）望鏡頭、V 住（手勢）咁影㗎」。法官聽畢陳詞後，認為沒有合理可爭辯之處。
On October 1, 2019, clashes between police and members of the public broke out in Wan Chai, and 11 men were charged with rioting and other offences. One defendant, who was working as a programme assistant at RTHK at the time, was convicted after trial and sentenced to four years’ imprisonment. He applied for leave to appeal against his conviction. The application was heard in the Court of Appeal on Friday (the 21st), where Judge Pang Man-ki rejected it the same day. Written reasons will be handed down within three months.
The appellant’s counsel said that although the appellant was not working as a press photographer at the time, he intended to enter the profession and had gone to the scene to take photographs for news purposes. Relevant photographs were submitted to the court. Counsel said, “You cannot say that going to photograph protesters means participating [in the riot],” and drew an analogy with war correspondents: “You should not go to war, but a war correspondent going does not mean that they are participating in hostilities ... Humbly put, he is serving an unjust prison sentence, Your Ladyship.”
The judge said most of the photographs showed the protesters from behind and questioned why the appellant had not run to the front of the protesters to take photographs. Counsel responded, “You wouldn’t ask him [the protester] to look at the camera, V like that (a hand gesture), and take the photograph.” After hearing the submissions, the judge found that there were no reasonable grounds for arguing the appeal.
21 Mar 2025法庭線#6610
Anti-terrorism case two｜Prosecution expert says second defendant’s phone contained video testing TATP explosive, producing a unique fireball
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（21 日）於高院踏入第 74 天審訊。
爆炸品處理課（EOD）高級炸彈處理主任續以專家證人身分作供，他確認次被告電話的影片，顯示測試高性能炸藥 TATP 的過程，點燃後產生火球，「特徵係獨一無二，只有 TATP 先有呢個效果」；又確認第八被告住所的次氯酸鈣和漒水，可製成氯氣彈。
次被告的電話另被搜出「Thermite bomb」（鋁熱彈）的手繪草圖，證人認為，設計是通過氣閥混合高錳酸鉀和剎車油，產生化學反應，爆炸時點燃鋁熱彈，在 5 米範圍內有殺傷力，指是外國恐怖組織常用的裝置。審訊下周二續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR carriage at Lo Wu, and the Telegram channel “Ninety-Two Divinations” 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 74th day on Friday (the 21st).
A senior bomb disposal officer from the Explosives Ordnance Disposal (EOD) Bureau continued to testify as an expert witness. He confirmed that a video on the second defendant’s phone showed the testing of the high-performance explosive TATP, which produced a fireball when ignited. He said, “The characteristics are unique; only TATP produces this effect.” He also confirmed that calcium hypochlorite and hydrochloric acid found at the eighth defendant’s residence could be used to make a chlorine gas bomb.
A hand-drawn sketch of a “Thermite bomb” was also found on the second defendant’s phone. The witness believed the design involved mixing potassium permanganate and brake fluid through a gas valve to produce a chemical reaction, which would ignite the thermite bomb during an explosion and have lethal power within a range of five metres. He said it was a device commonly used by foreign terrorist organisations. The trial will resume next Tuesday.
Translations are supplied by the source workbook. Consult the original reporting for context.
