9 Jan 2025法庭線#4407
League of Social Democrats’ three street booths in two months lead to summonses; four plead not guilty, case adjourned as Chan Po-ying seeks counsel
社民連主席陳寶瑩、副主席周嘉發和余煒彬等 4 人，被票控 2023 年 4 至 5 月在銅鑼灣及灣仔街站「無牌籌款」及「未經准許展示招貼或海報」。4 人不認罪，周四（9 日）在東區裁判法院處理審前覆核。余另涉在銅鑼灣未經准許展示海報一案同日亦再訊。
就 4 人案件，被告全部自行應訊；陳寶瑩擬聘律師，但指需時處理，控方同意可為此押後，期間處理案件承認事實以省法庭時間，押後至 3 月再作審前覆核，官稱是最後一次押後。
至於余單獨被控的案件，他同樣沒律師代表，稱另一上訴案已有結果，可準備審訊，但因控方拒應余要求提供食環署執法指引等，故需開庭處理法律爭議，獲官批准在 2 月 20 日處理。
League of Social Democrats chair Chan Po-ying, vice-chair Dickson Chau and Yu Wai-pan, among four people summonsed over fundraising without a licence and displaying posters or banners without permission at street booths in Causeway Bay and Wan Chai between April and May 2023. All four pleaded not guilty and appeared at the Eastern Magistrates’ Courts on Thursday (9th) for a pre-trial review. Yu Wai-pan also faced a separate summons over displaying posters without permission in Causeway Bay, which was mentioned again on the same day.
All four defendants represented themselves. Chan Po-ying said she intended to instruct a lawyer but needed time to make arrangements. The prosecution agreed to an adjournment for that purpose. During the adjournment, the parties would deal with the agreed facts to save court time. The case was adjourned to March for another pre-trial review, with the magistrate saying it would be the final adjournment.
In Yu Wai-pan’s separate case, he was also unrepresented and said another appeal had been decided, allowing him to prepare for trial. However, as the prosecution refused his request for the Food and Environmental Hygiene Department’s enforcement guidelines and other materials, a hearing was needed to deal with the legal dispute. The magistrate approved a hearing on 20 February.
8 Jan 2025法庭線#4403
Second Terrorism Case | Defence Says Fourth Defendant’s Phone Passcode Was Four Digits; Cybercrime Sergeant Uses Six-Digit Number to Unlock It in Court
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（8 日）於高院踏入第 31 天審訊。
警方檢取第四被告張家俊的兩部電話，多名警員早前供稱張提供的電話解鎖密碼及 Telegram 密碼同為「249542」，辯方周二質疑 TG 密碼是 4 位數字。網罪科警長周三庭上輸入該 6 位數字，成功解鎖張的電話，以及進入 TG 帳戶。
辯方質疑，警員曾改動手機自動上鎖及 TG 的設定，警長否認。負責檢視閉路電視片段的 O 記警員則供稱，曾在其中一片段見張按下密碼「249542」解鎖電話。審訊周四續。
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” 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 31st day on Wednesday (8th).
Police seized two phones belonging to the fourth defendant Christopher Ka Tsun Cheung. Several officers previously testified that the phone unlock code and Telegram password provided by the defendant were both “249542”. The defence questioned on Tuesday whether the Telegram password was four digits. In court on Wednesday, a cybercrime sergeant entered the six-digit number and successfully unlocked the defendant’s phone and accessed the Telegram account.
The defence questioned whether police officers had changed the phone’s auto-lock and Telegram settings; the sergeant denied this. An O-division officer responsible for reviewing closed-circuit television footage testified that he had seen the defendant enter the password “249542” to unlock the phone in one of the clips. The trial will continue on Thursday.
8 Jan 2025法庭線#4405
Alliance refusal-to-provide-information case: Final Court judges question whether conviction stands if Alliance proves it is not a “foreign agent”
首宗《國安法》實施細則案件「支聯會拒交資料案」周三（8 日）在終審法院處理鄒幸彤等 3 人終極上訴聆訊，法官聽取陳詞，押後頒裁決。
律政司主張警方只需「合理理由相信」，而毋須證明支聯會事實上是「外國代理人」，又說被告只可循司法覆核，而不能在刑事審訊中挑戰遞交資料通知書。首席法官張舉能、常任法官李義及林文瀚多次提問，關注支聯會若能證明事實上不是代理人，定罪仍否維持，亦質疑律政司對條文字眼的解讀，以及引「公眾利益豁免權」大幅度遮蓋文件，辯方可如何抗辯。
自辯的鄒幸彤指，不能說「有合理理由相信一隻鹿是馬，鹿就會變成馬」，又形容在本案中，「法律倒退成《1984》般」，字詞被詮釋成相反意思。代表鄧岳君、徐漢光一方則指，以字面意思解讀，警方發通知書的對象是「外國代理人」，被官質疑有否案例支持。
The Court of Final Appeal on Wednesday (8) heard the final appeals of Chow Hang-tung and two others in the first case involving the implementation rules of the National Security Law, known as the Alliance refusal-to-provide-information case. The judges heard submissions and adjourned the delivery of judgment.
The Department of Justice argued that the police only needed to have “reasonable grounds to believe” and did not need to prove that the Alliance was in fact a “foreign agent”. It also said the defendants could seek judicial review only, and could not challenge the notices to provide information during the criminal trial. Chief Justice Andrew Cheung Kui-nung and Permanent Judges Lei Yee and Lam Man-hon repeatedly questioned the parties, focusing on whether a conviction would still stand if the Alliance could prove that it was not in fact an agent. They also questioned the Department of Justice’s interpretation of the wording of the provision and how the defence could respond when documents were extensively redacted on the basis of “public interest immunity”.
Chow Hang-tung, who represented herself, said it could not be said that “if there are reasonable grounds to believe a deer is a horse, the deer will become a horse”, and described the law in the case as having “regressed into something like 1984”, with words interpreted as meaning the opposite. Counsel for Tang Ngok Kwan and Hon Kwong Tsui said that, on a literal reading, the recipients of the police notices were “foreign agents”; a judge questioned whether there was any case law supporting that position.
7 Jan 2025法庭線#4396
Second Terrorism Case | 170-character oral admission recorded 11 hours later was almost identical to officer’s account; sergeant denies copying
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（7 日）於高院踏入第 30 天審訊。
拘捕第四被告張家俊的 O 記警長作供，辯方質疑他在拘捕後 11 小時補錄被告的口頭招認，與同隊隊員記事冊的內容「幾乎係一模一樣」，連英文名的拼寫方法、錯字都相同。警長確認職責所在會檢查隊員的記事冊，他曾參考但否認抄寫，「唔係抄人，我係憑住記憶寫，跟住睇過（隊員的紀錄）係一樣嘅」。
辯方亦質疑警長難以記住被告的 Telegram 的 6 位數字密碼，是抄寫了隊員的記事冊。警長解釋他以「呢世夠唔死易」記住密碼「649542」，重申「呢組密碼好特別」，指不難記住。審訊周三續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train compartment at Lo Wu. The Telegram channel “92 Lots” subsequently claimed responsibility. Seven people were charged with offences under the 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 30th day on Tuesday (7th).
An O Division police sergeant who arrested the fourth defendant, Christopher Ka Tsun Cheung, testified. The defence questioned him about recording the defendant’s oral admission 11 hours after the arrest, saying its contents were “almost exactly the same” as those in a fellow officer’s notebook, including the spelling of English names and even typographical errors. The sergeant confirmed that he would check officers’ notebooks as part of his duties and had referred to them, but denied copying them: “I did not copy it. I wrote it from memory, and then saw that it was the same as the officer’s record.”
The defence also questioned how the sergeant could remember the defendant’s six-digit Telegram passcode, suggesting that he had copied it from the officer’s notebook. The sergeant explained that he remembered the passcode “649542” as “easy enough to remember for life”, reiterating that “this passcode is very special” and was not difficult to remember. The trial will resume on Wednesday.
6 Jan 2025法庭線#4389
19-year-old denies ‘insulting the national anthem’ charge over allegedly turning his back during anthem; pre-trial review adjourned to March 3
2024 年 6 月 6 日，香港大球場舉行世界盃亞洲區外圍賽，19 歲男子被指於大會奏放國歌期間背向會場，事隔近半年被控一項「侮辱國歌」罪。男子周一（6 日）在東區裁判法院否認控罪，案件押後至 3 月 3 日處理審前覆核，期間被告准以 1,000 元人事擔保，及 2 萬元保釋。控方提及，將有片段呈堂，另有 4 名證人。
On June 6, 2024, during a World Cup Asian qualifying match at Hong Kong Stadium, a 19-year-old man was alleged to have turned his back on the venue while the national anthem was being played. Nearly six months later, he was charged with one count of “insulting the national anthem”. The man pleaded not guilty at the Eastern Magistrates’ Court on Monday (the 6th). The case was adjourned to March 3 for a pre-trial review. In the meantime, the defendant was granted bail of HK$20,000 and released on a HK$1,000 personal recognisance.
6 Jan 2025法庭線#4392
Anti-terrorism case 2 | Fourth defendant’s side questions police failure to record warnings; officer: ‘Not every warning needs to be written down’
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（6 日）於高院踏入第 29 天審訊。
辯方盤問負責第四被告張家俊證物的警員，指其口供沒提及破門後，見到張躺在地上「不斷咁撥」，質疑他事前有與他人討論。辯方又指，警員亦沒記錄曾對張作出兩次警告。警員稱「我個人認為，唔需要每個警告都寫落去記事冊度。」
另一名搜車警員供稱，警方破門入單位後，見到張躺在地上，「身上都有啲木碎木條」。辯方盤問時問及，張當時身上有多少粒木碎。法官聞言笑指「我覺得你呢個問題，我難以理解個智慧，可能我太蠢…」審訊周二（7 日）續，搜車警員續接受盤問。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage. 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 entered its 29th day at the High Court on Monday (6th).
The defence cross-examined the police officer responsible for the exhibits relating to the fourth defendant Christopher Ka Tsun Cheung, saying that his statement did not mention seeing Cheung lying on the floor and “constantly pawing” after the door was broken down. The defence questioned whether Cheung had discussed the matter with others beforehand. It also said the officer had not recorded giving Cheung two warnings. The officer said: “I personally believe that it is not necessary to write every warning down in the notebook.”
Another police officer involved in the search testified that after police broke into the unit, they saw Cheung lying on the floor, with “some pieces and strips of wood on his body”. During cross-examination, the defence asked how many pieces of wood had been on Cheung. The judge laughed and said: “I think I find it difficult to understand the wisdom of your question. Perhaps I am too stupid …” The trial will continue on Tuesday (7th), with the police officer involved in the search continuing to give evidence under cross-examination.
6 Jan 2025獨媒#4395
Off-duty Customs officer reportedly arrested days ago over “interfering with a motor vehicle” offence
九龍灣前日發生致命車禍，一名27歲電單車司機疑逃避警方追捕，沿宏基街高速行駛期間，一名休班海關關員衝出馬路做「人肉路障」企圖攔車，電單車失控硬撼防撞柱，司機傷重死亡。多間傳媒引述警方消息指，案發當日（上周五）拘捕一名40歲男子，涉嫌干預汽車罪，現正保釋候查。警方又指有關案件仍在調查中，警方將會徵詢律政司意見 。
A fatal traffic accident occurred in Kowloon Bay the day before yesterday. A 27-year-old motorcyclist, suspected of trying to evade a police pursuit, was travelling at high speed along Wang Kee Street when an off-duty Customs officer ran onto the road and attempted to stop him as a “human roadblock”. The motorcycle lost control and crashed into a crash bollard, and the rider died of his serious injuries. Multiple media outlets, citing police sources, reported that a 40-year-old man was arrested on the day of the incident (last Friday) on suspicion of the offence of interfering with a motor vehicle. He is currently on bail pending further investigation. Police said the case remains under investigation and that they will seek the Department of Justice’s advice.
3 Jan 2025法庭線#4382
Anti-terrorism case 2 | Telegram messages allegedly from fourth defendant shown in court: “Made a 30kg cake”, “At least two or three dogs will die”
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（3 日）於高院踏入第 28 天審訊。
控方繼續傳召負責保管第四被告張家俊證物的警員作供，確認在被告的住所、私家車、工廈單位，搜出電路板、電池、氯酸納等物；他另負責檢視被告其中一部電話，警員指電話的開機密碼與 Telegram 密碼相同，他「絕對冇」干擾電話。
庭上展示部分截取的 Telegram 訊息，顯示機主稱「整好咗個 30kg 蛋糕支持 （警察emoji）」、「下星期如果冇失手嘅話 會有最少兩三隻狗死／重傷」等。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 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 28th day on Friday (3rd).
The prosecution continued to call the police officer responsible for safeguarding the exhibits of fourth defendant Christopher Ka Tsun Cheung. He confirmed that circuit boards, batteries, sodium chlorate and other items were found at the defendant’s residence, private car and industrial building unit. He was also responsible for examining one of the defendant’s phones. The officer said the phone’s startup password was the same as its Telegram password and that he had “absolutely not” interfered with the phone.
Some intercepted Telegram messages were shown in court. They included: “Made a 30kg cake to support （police emoji）” and “If nothing goes wrong next week, at least two or three dogs will die / be seriously injured”. The trial will resume next Monday.
3 Jan 2025法庭線#4383
Hong Kong Alliance refusal-to-provide-information case | Chow Hang-tung and two others to mount final appeal next Wednesday; Court of Final Appeal assigns five local judges
已被剔除公司註冊的支聯會，前副主席鄒幸彤與兩名前常委鄧岳君、徐漢光，被裁定拒交資料罪成，同被判囚 4.5 個月。3 人已獲批終極上訴許可，案件將在下周三（8 日）於終審法院聆訊。
終院網頁周四（2 日）公布審理的法官名單，5 人均為本地法官，分別為首席法官張舉能，3 名常任法官李義、霍兆剛、林文瀚，以及非常任法官陳兆愷，並沒海外非常任法官參與，名單與「呂世瑜案」一致。
據終院批出許可，本案將處理 4 項議題，包括律政司是否須證明支聯會「事實上」為國安法實施細則訂明的「外國代理人」？警方要求支聯會提供《國安法》生效前的資料是否有效？
The Hong Kong Alliance, which has been struck off the Companies Register, was found guilty of refusing to provide information. Its former vice-chairwoman Chow Hang-tung and two former standing committee members Tang Ngok Kwan and Hon Kwong Tsui were each sentenced to 4.5 months in prison. The three have been granted leave to mount a final appeal, and the case will be heard at the Court of Final Appeal next Wednesday (8th).
The Court of Final Appeal’s website announced the panel of judges on Thursday (2nd). All five are local judges: Chief Justice Cheung Kui-nung, three permanent judges—Li Yi, Fok Siu-kong and Lam Man-hon—and the non-permanent judge Patrick Siu Oi Chan. No overseas non-permanent judge will participate. The panel is the same as that for the “Lui Sai Yu case”.
According to the leave granted by the Court of Final Appeal, the case will address four issues, including whether the Department of Justice must prove that the Hong Kong Alliance was “in fact” a “foreign agent” specified in the implementation rules of the National Security Law, and whether the police’s request for information from before the National Security Law came into force was valid.
3 Jan 2025法庭線#4385
Woman with Two-Way Permit accused of photographing Court of Final Appeal clerk has courtroom photography charge withdrawn; prosecution says law covers only “special persons”
2024 年 10 月，52 歲女子被指在終審法院登記處拍攝文書人員，被控一項「禁止在法庭內攝影等」，周五（3 日）在東區裁判法院再訊，控方申請撤控獲批。主任裁判官蘇文隆一度關注「點解唔繼續告？」，控方指條例僅涉「特別人士」，不包括涉案人士。
翻查條例，控罪牽涉法庭內拍攝或繪畫法官、陪審員及證人，未有提及文書人員。
In October 2024, a 52-year-old woman was accused of photographing a clerk at the Court of Final Appeal’s registry and charged with one count of “prohibition on taking photographs, etc., in court”. When the case was mentioned again at Eastern Magistrates’ Courts on Friday (the 3rd), the prosecution’s application to withdraw the charge was granted. Chief Magistrate Don Man Lung So had asked at one point, “Why not continue with the prosecution?” The prosecution said the legislation concerned only “special persons” and did not include the person involved.
A review of the legislation found that the offence concerns photographing or drawing judges, jurors and witnesses in court, and does not mention clerical staff.
Translations are supplied by the source workbook. Consult the original reporting for context.
