5 Oct 2024法庭線#4121
First 7.21 white-clad men case at Court of Appeal: “group attack with a common intention” at Yuen Long Station; “let loose and beat” at Ying Lung Wai
元朗 721 襲擊事件，兩宗白衣人及非白衣人案完成結案陳詞，預定在今年內裁決。上訴庭今年亦完成審理首宗 721 案上訴，涉及 5 名被指為白衣人的被告，《法庭線》翻閱判詞，整理 3 名法官對於衝突現場的裁斷。
在駁回 3 名白衣人的上訴時，法官分析元朗站情況指鄧英斌與白衣人一起行動，「強烈指向一個有共同意向的團伙襲擊事件」；在英龍圍則指吳偉南等白衣人與黑衣人推撞，黑衣人雖有還手，但白衣人之後「放開地打、放開地向黑衣人施襲」，並越過馬路成為挑事的一方。
上訴庭亦節錄原審判詞，指出英龍圍現場有數人亦具「共同破壞社會安寧的意圖和實際行動」。記者向警方查詢會否進一步調查，警回覆指正與律政司研究判詞，並會繼續循不同方面搜證，作出全面及深入的調查。
The closing submissions have been completed in two cases involving white-clad and non-white-clad defendants over the Yuen Long 7.21 attack, with judgments expected this year. The Court of Appeal has also completed its hearing of the appeal in the first 7.21 case, involving five defendants alleged to be white-clad men. The Court of Law and Human Rights reviewed the judgment and summarised the findings of the three judges on the scenes of the clashes.
In dismissing the appeals of three white-clad men, the judges analysed the situation at Yuen Long Station and said Tang Ying-pan acted together with the white-clad men, “strongly pointing to a group attack with a common intention”. At Ying Lung Wai, the judgment said Ng Wai-nam and other white-clad men shoved with black-clad men. Although the black-clad men retaliated, the white-clad men subsequently “let loose and beat, let loose and assault the black-clad men”, and crossed the road to become the side that provoked the incident.
The Court of Appeal also excerpted the lower court’s judgment, which said several people at the Ying Lung Wai scene had both “the intention and actual acts of jointly disrupting public peace”. In response to the reporter’s enquiry about whether further investigations would be conducted, the police said they were studying the judgment with the Department of Justice and would continue gathering evidence from different angles to conduct a comprehensive and in-depth investigation.
19 Sept 2024法庭線#4062
721 Non-White-Shirted Men Case | Prosecution Concludes: Lam Cheuk-ting Entered Yuen Long to Livestream and “Drive Traffic”, Smearing White-Shirted Men as Triad Members
前立法會議員林卓廷與另外 6 名「非白衣人」，被控參與 721 元朗站暴動，周四（19 日）在區院展開第 50 日審訊，控辯開始作結案陳詞。控方指首被告林卓廷的辯解不合理、不可信；指林入元朗非履行公職，而是「濫用職權達到私人目的」，開直播「刷流量」以獲市民認同。
控方續指林當晚 3 次於 FB 發帖，「實則暗示、明示市民入元朗生事」，指暴動其中一個起因是「歸咎於第一被告發動同參與」；又指林抹黑白衣人為黑社會，未有調停閘內人，更恃議員身分作為「領導者」，不斷對白衣人挑釁、攻擊。案件下午續，辯方將開始陳詞。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted” defendants, who are charged with participating in the riot at Yuen Long Station on 21 July, appeared at the District Court on Thursday (19th) for the 50th day of the trial, as the prosecution and defence began their closing submissions. The prosecution said the explanation given by first defendant Lam Cheuk-ting was unreasonable and not credible. It said Lam entered Yuen Long not to perform his public duties, but to “abuse his position to achieve private ends”, and livestreamed in order to “drive traffic” and gain public approval.
The prosecution further said Lam made three posts on Facebook that night, which “in substance implied or expressly indicated that members of the public should go to Yuen Long to cause trouble”. It said one of the causes of the riot was “attributable to the first defendant instigating and participating in it”. It also said Lam smeared the white-shirted men as triad members, failed to mediate between the people inside the gate, and relied on his status as a lawmaker to act as a “leader”, repeatedly provoking and attacking the white-shirted men. The proceedings continued in the afternoon, when the defence was to begin its submissions.
28 Aug 2024法庭線#3964
Yuen Long 7.21 White-clad Men Riot Case: Alex Lap Kee Choi’s Appeal Allowed and Convictions Quashed; Zhirong Wang’s Acquittal Reconsidered
元朗 7.21 襲擊首宗白衣人案，7 人罪成，1 人罪脫。罪成其中 4 人提出上訴，上訴庭法官彭偉昌、潘敏琦、彭寶琴周三（28 日）頒下裁決，裁定被告蔡立基上訴得直，撤銷暴動及有意圖傷人的定罪。其餘 3 人上訴許可則遭駁回，維持定罪及刑期。
律政司另就脫罪被告王志榮，以案件呈述方式上訴。上訴庭裁定律政司得直，發還原審區院法官葉佐文重新考慮裁決，10 月 15 日將於區院提訊，期間王准以原有條件保釋。
上訴庭指出，原審要求蔡立基在庭上做動作及露齒笑，屬越界要求他協助控方舉證；剔除庭上動作後，對於是否可憑警方照片及事發影像肯定蔡是犯案人「不無糾結」，雖然上訴庭比對兩者肯定是同一人，但指「人物辨認始終是主觀」，無法論斷必然結論，裁定蔡立基罪脫。
據了解，原審罪成的吳偉南、鄧英斌、蔡立基已獲釋，他們未有到庭。至於仍在服刑的鄧懷琛，料最早在 2026 年 2 月獲釋。王志榮則沒有回應記者問題，作擺手手勢後離開高院。
In the first case involving white-clad men in the Yuen Long 7.21 attack, seven people were convicted and one was acquitted. Four of those convicted appealed. On Wednesday (the 28th), Court of Appeal judges Pang Wai-cheong, Poon Man-ki and Pang Po-kam handed down their decision, allowing Alex Lap Kee Choi’s appeal and quashing the convictions for rioting and assault with intent to injure. Leave to appeal for the other three was refused, and their convictions and sentences were upheld.
The Department of Justice also appealed by way of case stated against the acquittal of Zhirong Wang. The Court of Appeal allowed the Department’s appeal and remitted the decision to the trial District Court judge, Eddie Chor Man Yip, for reconsideration. Zhirong Wang is due to appear in the District Court on 15 October and was allowed bail on the existing conditions in the meantime.
The Court of Appeal said the trial court had overstepped the boundaries by asking Alex Lap Kee Choi to perform actions and bare his teeth in court, thereby requiring him to assist the prosecution in establishing its case. After excluding the courtroom actions, there was “considerable difficulty” in determining whether police photographs and footage of the incident could establish that Alex Lap Kee Choi was the offender. Although the Court of Appeal was certain, after comparing them, that the two images showed the same person, it said that “identification of a person is ultimately subjective” and that no inevitable conclusion could be reached. It therefore found Alex Lap Kee Choi not guilty.
It is understood that Ng Wai-nam, Tang Ying-pan and Alex Lap Kee Choi, who were convicted at trial, have been released and did not attend court. Tang Wai-sam, who is still serving his sentence, is expected to be released as early as February 2026. Zhirong Wang did not respond to reporters’ questions, made a waving gesture and left the High Court.
21 Jul 2024集誌社#3837
7.21 Five Years On | Flowers and a Silent Vigil at Yuen Long West Rail Station; More Than 10 Briefly Flash “5-1” Gesture
今日是元朗 7.21 事件五周年，當日在的元朗西鐵站等地，白衣人曾以籐件等武器襲擊市民，政府曾以「目無法紀、令人髮指」、「暴徒」等字眼譴責白衣人，五年下來，官方漸漸指雙方「勢鈞力敵，旗鼓相當」、前立法會議員林卓廷等非白衣人被捕、被控。今日下午，在元朗西鐵站，有軍裝警三人一組，在站內巡邏。有穿黑衫褲男子西鐵站被查。黃昏時份，有市民到場獻花、默站。晚上，十多人快閃舉五一，或五字手勢。
Today marks the fifth anniversary of the Yuen Long 7.21 incident. On that day, white-clad men attacked members of the public with rattan sticks and other weapons at Yuen Long West Rail Station and elsewhere. The government condemned the white-clad men at the time with terms including “lawless and outrageous” and “rioters”. Five years on, the official narrative has gradually shifted to saying that both sides were “evenly matched”; non-white-clad people, including former Legislative Council member Lam Cheuk-ting, have been arrested and charged. This afternoon, three uniformed police officers patrolled the station together. A man wearing black was checked at the station. Around dusk, members of the public arrived to lay flowers and observe a silent vigil. In the evening, more than 10 people briefly flashed a “5-1”, or five-finger, gesture.
20 Jul 2024法庭線#3833
Five Years After 7.21 Attack | No New Arrests or Prosecutions in Past Year; One Non-White-Clad Person Convicted, 9 White-Clad People Convicted and 1 Acquitted
元朗 721 襲擊踏入五周年，最近一年警方沒有作出新拘捕，律政司亦沒有提出新檢控。警方回覆查詢時指，至今拘捕 69 人，有 22 人被控暴動等罪，數字與去年 7 月相同。
這一年有一宗 721 案件審結，該案是首次有非白衣人被裁定暴動罪成，法官拒納被告供稱出於自衛、保護他人，又指「黑衣人一方以暴易暴，違理違法」，但認為雙方暴力程度有別，刑責不同。至於白衣人一方，再多一人認罪，另有 5 人的案件進入上訴階段。
綜合至今 6 宗法庭案件（見內文表），白衣人案佔 4 宗，共 9 人罪成，一人罪脫。非白衣人案佔兩宗，一人罪成，而包括林卓廷等 7 人的另案仍在審理，將於 9 月進行結案陳詞。
As the Yuen Long 7.21 attack reaches its fifth anniversary, police made no new arrests and the Department of Justice brought no new prosecutions in the past year. In response to an inquiry, police said 69 people had been arrested to date, with 22 charged with rioting and other offences—figures unchanged from July last year.
One 7.21 case concluded during the year. It was the first in which a non-white-clad person was found guilty of rioting. The judge rejected the defendant’s testimony that he had acted in self-defence and to protect others, saying that “the black-clad side used violence to counter violence, contrary to reason and law”, but considered that the levels of violence on the two sides differed and that their criminal liability was therefore different. On the white-clad side, one more person pleaded guilty, while cases involving five others entered the appeal stage.
Across the six court cases to date (see the table in the article), four involved white-clad people, with nine people convicted and one acquitted. Two involved non-white-clad people, with one person convicted. Another case involving seven people, including Lam Cheuk-ting, is still being heard, with closing submissions scheduled for September.
17 Apr 2024法庭線#3372
7.21 Yuen Long | Ninth white-shirted man convicted of rioting and other offences; 42-year-old pleads guilty and jailed 55 months, judge says he led and directed
元朗 7.21 襲擊 ，事隔 4 年後再多 4 名白衣人被落案起訴暴動等罪，其中一人早前認罪，周四（18 日）在區域法院被判囚 55 月。他是第九名白衣人罪成，報稱沒三合會背景。
暫委法官鄧少雄判刑時指，被告完整參與整個「7.21 白衣人」事件的暴動和傷人過程，又指他曾挑釁、威嚇、襲擊黑衣人和車廂上市民，亦曾招手著其他白衣人進入元朗站付費區，指他帶頭指揮。
就暴動及串謀傷人罪，法官各以 7 年為量刑起點，被告認罪獲 3 分 1 刑期扣減。另被告曾做義工，再扣減 1 個月，終判囚 4 年 7 個月。
Four more white-shirted men were charged with rioting and other offences four years after the 7.21 Yuen Long attack. One of them had earlier pleaded guilty and was sentenced to 55 months in prison at the District Court on Thursday (18th). He was the ninth white-shirted man to be convicted and was reported to have no triad background.
In sentencing, acting judge Daniel Siu Hung Tang said the defendant had fully participated in the rioting and assaults throughout the entire “7.21 white-shirted men” incident. The judge said he had provoked, threatened and assaulted people in black and members of the public in the train compartments, and had also waved for other white-shirted men to enter the paid area of Yuen Long Station, saying that he had led and directed them.
For the charges of rioting and conspiracy to wound, the judge adopted seven years as the starting point for sentencing on each charge. The defendant received a one-third reduction for pleading guilty. A further one-month reduction was given for his volunteer work, resulting in a sentence of four years and seven months in prison.
27 Mar 2024法庭線#3260
7.21 non-white-shirted people case｜Third defendant returned to Yuen Long Station and saw police arrive; judge: “How did you feel? Did you think they came late?”
前立法會議員林卓廷與另外 6 名「非白衣人」，被控參與 721 元朗站暴動，周三（27 日）在區院展開第 38 天審訊。第三被告陳永晞，離開元朗站後折返，當時有警員到場。法官陳廣池問「見到警察到場有咩感覺…覺唔覺得佢哋遲咗嚟？」陳稱，「有少少覺得。」
控方盤問時質疑，陳一直在閘內，對閘內人的行為「視若無睹」，而他在射水後將水喉交給他人，是「同閘內人士分工合作，有默契做挑釁行為」。
陳反問「視若無睹」及「分工合作」意思，其後指覺得沒影響力制止，並理解閘內人「想防衛自己」，但自己不會做相關行為。他又指，「冇同任何人有作出任何形式合作，亦都唔同意射水係挑釁行為」。案件周四續。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted people” are charged with taking part in the riot at Yuen Long Station on 21 July. The trial entered its 38th day at the District Court on Wednesday (27th). The third defendant, Jason Wing Hei Chan, returned to the station after leaving, and police arrived at the scene. Judge Chan Kwong-chi asked: “How did you feel when you saw the police arrive… Did you think they came late?” Chan replied: “I felt that a little.”
During prosecution cross-examination, Chan was challenged that he had remained inside the gate and had “turned a blind eye” to the conduct of those inside, and that after spraying water he handed the hose to someone else, thereby “dividing the work with those inside the gate and tacitly carrying out provocative acts.”
Chan asked what “turned a blind eye” and “dividing the work” meant. He later said he felt he had no influence to stop them and understood that those inside the gate “wanted to defend themselves”, but said he would not engage in such conduct. He also said: “I did not cooperate with anyone in any form, nor do I agree that spraying water was a provocative act.” The trial continues on Thursday.
22 Mar 2024法庭線#3226
Yuen Long 7.21 | White-clad man pleads guilty to rioting and is remanded; ninth convicted over taunts at people inside gate and rattan-cane assault
元朗 7.21 襲擊 ，事隔 4 年後再多 4 名白衣人被落案起訴暴動等罪，其中一人周五（22 日）在區院認罪，還押至 4 月 18 日判刑。他是第九名白衣人罪成，報稱無三合會背景。
案情指 ，被告鄧兆雄在閘外指向閘內黑衣人，多次大聲叫喊 「過嚟吖」作挑釁；另兩度在閘機旁招手，示意其他白衣人入閘。他曾指罵、叫喊「打你呀」，威嚇攻擊閘內的人，並曾在閘內襲擊，在閘外則用藤條襲擊。
辯方求情指，被告曾看到女途人倒地，都有上前「對一啲人展出關心」，稱他現時活在信仰中，已知用錯方法表達訴求。辯方求情提及鄧於獄中被打、搶走用品及撕掉家人相片，官關注有沒有案例支可構成求情，辯方指沒有，稱僅為整體的求情理由。
In the Yuen Long 7.21 attack case, four more white-clad men were charged with rioting and other offences four years later. One of them, Tang Siu-hung, pleaded guilty at the District Court on Friday (22nd) and was remanded until 18 April for sentencing. He was the ninth white-clad man to be convicted and was reported to have no triad background.
The case stated that Tang pointed from outside the gate at the black-clad people inside and repeatedly shouted “Come over here” to taunt them. On two other occasions, he waved beside the turnstile to signal other white-clad men to enter. He cursed and shouted “I’ll hit you”, threatening to attack those inside the gate; he also assaulted people inside and used a rattan cane to attack people outside.
In mitigation, the defence said Tang had seen a female passer-by lying on the ground and had gone over to “show concern to some people”. It said he was now living in faith and understood that he had used the wrong way to express his demands. The defence also referred to Tang being assaulted in prison, having his belongings taken, and family photographs torn up. The judge asked whether there was any case supporting these matters as mitigation; the defence said there was not, describing them only as grounds for mitigation taken as a whole.
18 Mar 2024獨媒#3198
【Yuen Long 7.21】Prosecution says “blow the whistle” means calling people together and could be used to summon villagers to congratulate a new father; judge says it is “triad jargon”
2019年7.21元朗事件中，前立法會議員林卓廷與6男被控暴動罪，今（18日）踏入第31天審訊，林卓廷早前傳召時任元朗區區議員黃偉賢作供，他今接受控方盤問。黃早前稱，理解鄉事說「吹雞」指「曬馬」。控方問：「『吹雞』意思可能係召集其他人，唔一定係『曬馬』？」法官陳廣池認為證人無法回答。控方再問：「如果鄉事委員會主席添丁，係咪可以『吹雞』叫村民嚟恭賀？」陳官認為概念有錯，故不批准問題：「大家知道，亦都相信『吹雞』有少少黑社會術語，有特殊意思。」陳官強調：「我唔係話畀緊專家證人口供，大家知道吹雞有特殊意思。如果將呢兩個概念⋯⋯話食盆菜都『吹雞』，恕我直言，有少少貽笑大方。」控方回應：「真係唔好意思，我成日都叫朋友『吹雞』食飯。」陳官表示：「電影又好，故事又好，將不是普通人嘅術語，變化咗所謂香港或者廣東人常用嘅（用語），將『Mark哥』講啲嘢都變咗日常用語。」（「Mark哥」為電影《英雄本色》中，周潤發所飾演的角色。）
In the 21 July 2019 Yuen Long incident, former Legislative Council member Lam Cheuk-ting and six men are charged with rioting. The trial entered its 31st day today (the 18th). Lam earlier called then Yuen Long District Council member Zachary Wai Yin Wong to testify, and the witness was cross-examined by the prosecution today. Wong previously said that, in village affairs, he understood “blow the whistle” to mean “showing force”. The prosecution asked: “Could ‘blow the whistle’ mean calling other people together, and not necessarily ‘showing force’?” Judge Chan Kwong-chi considered that the witness was unable to answer. The prosecution then asked: “If the chairman of a rural committee had a new baby, could he ‘blow the whistle’ to call villagers to come and congratulate him?” Judge Chan said the concept was mistaken and disallowed the question, saying: “Everyone knows, and also believes, that ‘blow the whistle’ has a bit of triad jargon to it and carries a special meaning.” Judge Chan stressed: “I am not saying this based on the testimony of an expert witness. Everyone knows that ‘blow the whistle’ has a special meaning. If these two concepts ... are combined and you say that even eating poon choi involves ‘blowing the whistle’, with respect, that is somewhat laughable.” The prosecution responded: “I am really sorry; I often tell my friends to ‘blow the whistle’ for a meal.” Judge Chan said: “Whether in films or stories, jargon that is not used by ordinary people has been transformed into so-called language commonly used by Hong Kong or Cantonese people, with what ‘Mark Gor’ says also becoming everyday language.” (“Mark Gor” is the character played by Chow Yun-fat in the film A Better Tomorrow.)
14 Mar 2024法庭線#3177
7.21 non-white-shirt case: Lam Cheuk-ting says he believed someone had called police after many watched livestream; judge asks if he was happy
前立法會議員林卓廷與另外 6 名「非白衣人」，被控參與 721 元朗站暴動，周四（14 日）在區院展開第 29 天審訊。控方質疑林到場後為何不再報警，林重申因分身不暇，又指同事告知有幾十萬人看直播，相信有人報警。
法官陳廣池問林，「你開唔開心呀？」林稱，「我唔開心呀，呢件事唔應該發生，俾人打到個嘴穿晒流緊血，有咩咁開心呀？」官澄清再問，「唔係問睇到你俾人打都開心，係問你開唔開心有幾十萬人睇直播」。林答稱「我一啲都唔開心，發生啲咁嘅事多人睇，點解開心呀？」
林另承認，曾隨他人叫過「香港人加油」口號，其後覺不適合，並想起或有人「造文章」所以停止。控方又質疑林曾稱閘內人為「兄弟」，而「白衣人技術上都叫市民，你有冇叫兄弟唔好打？」林稱，「點會叫佢兄弟？佢打緊我，會唔會太過荒謬？」審訊周五續。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirt” defendants, charged with taking part in the riot at Yuen Long Station on 21 July, began the 29th day of their trial at the District Court on Thursday (14th). The prosecution questioned why Lam did not call the police again after arriving at the scene. Lam reiterated that he was unable to attend to everything at once, and said a colleague had told him that hundreds of thousands of people were watching the livestream, leading him to believe someone had called the police.
Judge Chan Kwong-chi asked Lam, “Were you happy?” Lam said, “I wasn’t happy. This shouldn’t have happened. I was beaten until my mouth was split open and bleeding—what was there to be happy about?” The judge clarified that he was not asking whether Lam was happy that people had seen him being beaten, but whether he was happy that hundreds of thousands of people had watched the livestream. Lam replied, “I wasn’t happy at all. Why would I be happy that so many people watched something like this happen?”
Lam also admitted that he had joined others in chanting “Hong Kong people, keep it up”, but later felt it was inappropriate and stopped after thinking that someone might “make an issue of it”. The prosecution also questioned Lam over having referred to the people inside the gates as “brothers”, asking, “White-shirted people are technically also citizens. Did you tell your brothers not to hit [people]?” Lam said, “How could I call him my brother? He was hitting me. Wouldn’t that be too absurd?” The trial continues on Friday.
Translations are supplied by the source workbook. Consult the original reporting for context.
