12 Dec 2024法庭線#4355
Anti-terrorism second case | Defence says police used neck hold and other threats to coerce testimony against Ng Fei and force phone password; officers deny all allegations
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（12 日）於高院踏入第 15 天審訊。
拘捕及查問次被告李嘉濱的警員開始接受辯方盤問。辯方指警在拘捕時將李抬入後巷深處，用手叉頸及將他推向牆，遊說李指證「五飛」換取減刑，又用力拳打李的腹部，要脅稱「你條女都俾我哋拉埋，想佢冇事就自己識做」、「我要你認乜你就要認」，而李在脅迫下承認受「五飛」指使參與明愛醫院爆炸品案。
辯方又指，警員曾露出槍袋，要求李提供手機密碼，李唯有屈服。此外，辯方指警員 2020 年的供詞指值日官發現李有傷勢，但日前在庭上指是自己發現，質疑製造傷勢與他無關的假象。警員在庭上一概否認辯方的指控。審訊周五續。
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage. The Telegram channel “Ninety-Two Divinations” subsequently 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 15th day on Thursday (12th).
Police officers who arrested and questioned the second defendant, Lee Ka-ban, began being cross-examined by the defence. The defence said that during the arrest, police carried Li deep into a back alley, put him in a neck hold and pushed him against a wall. They allegedly persuaded Li to testify against Ng Fei in exchange for a reduced sentence, punched him forcefully in the abdomen, and threatened him, saying: “We have arrested your girlfriend too. If you want her to be all right, you know what to do,” and “Whatever I tell you to admit, you have to admit.” Li subsequently admitted under duress that he had participated in the explosives case at Caritas Medical Centre at the direction of Ng Fei.
The defence also said that an officer had exposed his gun holster and demanded Li’s phone password, leaving Li with no choice but to comply. In addition, the defence said the officer’s 2020 statement indicated that the duty officer had discovered Li’s injuries, but that he had told the court in recent days that he himself had discovered them, suggesting an attempt to create the impression that he was not responsible for causing the injuries. The officer denied all the defence allegations in court. The trial will continue on Friday.
11 Dec 2024法庭線#4348
Second Anti-Terrorism Case | Second Defendant Planned Smoke Bombs at Sheung Tak Car Park to Cause Chaos During Police Clearance
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（11 日）於高院踏入第 14 天審訊。
庭上續播放次被告李嘉濱與警員的錄影會面，他提及打算於 2020 年 3 月初在將軍澳尚德停車場放置煙彈，包裝成墓碑形狀，「等警察清場嗰陣造成混亂，呢個係我哋嘅目的」。
李在會面期間同意警員開啟其 Telegram 帳戶，在群組有兩段實驗片段，李解釋進行實驗希望「做到炸彈嘅威力」，而製作炸彈為令警方「唔可以肆無忌憚咁警暴」。不過他否認與深圳灣口岸及羅湖站兩宗爆炸品案有關。審訊周四續，控方將續播放李的錄影會面。
Explosives were found at Caritas Medical Centre and in an MTR carriage at Lo Wu in early 2020. The Telegram channel “92 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 14th day on Wednesday (11th).
The court continued playing a recorded interview between the second defendant Lee Ka-ban and police. He said he had planned to place smoke bombs in the shape of tombstones at the Sheung Tak car park in Tseung Kwan O in early March 2020, “to cause chaos when the police were clearing the area; that was our purpose”.
During the interview, Lee agreed to let police officers access his Telegram account. The group contained two experiment videos. Lee explained that the experiments were intended to “achieve the power of a bomb”, and that making bombs was meant to ensure that the police “could not engage in police brutality with impunity”. However, he denied being involved in the two explosives cases at Shenzhen Bay Port and Lo Wu Station. The trial will continue on Thursday, when the prosecution will continue playing Lee’s recorded interview.
10 Dec 2024法庭線#4343
Charged with Displaying Banner on Lion Rock Without a Permit, “Grandpa Chan” Acquitted; Chokes Up Outside Court and Urges People to Cherish Human Rights
2023 年中秋前夕，「馬屎埔陳伯」陳基裘登上獅子山，展示出自魯迅的「橫眉冷對千夫指 俯首甘為孺子牛」字句，事後被捕。陳否認一項「沒有許可證下於郊野公園內展示條幅罪」受審，周二（10 日）在九龍城裁判法院被裁定罪名不成立，兼獲訟費。
控辯雙方爭議「展示」定義，裁判官林子康裁定，涉案條例的「展示」須具永久或規律性，然而根據本案證據，被告由舉起條幅至放在「獅子山」牌匾上，歷時約一分鐘，認為控方未能證明被告「展示」條幅。
旁聽人士聞判後拍掌，被保安阻止。「馬屎埔陳伯」在庭外與友人相擁，拿起案發相片，表示事發 14 個月以來，「壓力、一切苦衷係冇辦法形容嘅」。他哽咽稱：「今日係國際人權日，我能夠喺今日鬆一口氣，我個心態（是）繼續維護公義、維護人權，我哋做得幾多得幾多，人權係大家都有份嘅，所以大家要珍惜」。
On the eve of the Mid-Autumn Festival in 2023, “Grandpa Chan” Ki Kau Chan climbed Lion Rock and displayed the words from Lu Xun: “With brows arched, I coldly face a thousand pointing fingers; bowing my head, I willingly serve as a willing ox for the children.” The person was later arrested. Chan denied one count of displaying a banner in a country park without a permit and was found not guilty at Kowloon City Magistrates’ Courts on Tuesday (the 10th), with an award of costs.
The prosecution and defence disputed the definition of “display”. Magistrate Chee Hong Lam ruled that “display” under the relevant legislation had to be permanent or regular in nature. However, based on the evidence in this case, the period from when the defendant raised the banner until it was placed on the “Lion Rock” plaque was about one minute. The magistrate found that the prosecution had failed to prove that the defendant had “displayed” the banner.
After the verdict, people attending the hearing applauded but were stopped by security guards. Outside court, “Grandpa Chan” embraced friends and held up photographs from the incident, saying that over the 14 months since it happened, “the pressure and all the hardships are impossible to describe”. Choking up, the person said: “Today is International Human Rights Day. Being able to breathe a sigh of relief today, my mindset (is) to continue upholding justice and human rights. We do as much as we can. Everyone has a share in human rights, so everyone should cherish them.”
10 Dec 2024法庭線#4344
Anti-Terrorism Case Two | Second Defendant Says in Recorded Interview He Placed Smoke Bomb on Ng Fei’s Instructions, Never Thought It Would Explode or Hurt Anyone
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（10 日）於高院踏入第 13 天審訊。
庭上續播放次被告李嘉濱與警員的錄影會面，他表示不清楚如何引爆煙霧彈，只按「五飛」的指示在明愛醫院放下煙霧彈，事後「睇新聞先知」成功引爆，他「冇諗住用呢樣嘢傷害任何人」，強調「呢個唔係炸彈，只係煙彈」。
負責查問的警員供稱，帶次被告到其西營盤的報稱住址搜屋，檢走 12 把魚生刀，並再拘捕被告藏有攻擊性武器。其後有人報警指遺失魚生刀，被告才承認報錯地址，警再以誤導警務人員罪名拘捕他。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 “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 13th day on Tuesday (10th).
The court continued playing a recorded interview between the second defendant, Lee Ka-ban, and police officers. He said he did not know how to detonate a smoke bomb and had only placed it at Caritas Medical Centre on the instructions of Ng Fei. He said he only learned from the news afterwards that it had successfully exploded, and that he had “not thought of using this to hurt anyone”, stressing: “This isn’t a bomb, it’s just a smoke bomb.”
The police officer who conducted the questioning testified that officers took the second defendant to search his reported address in Sai Ying Pun and seized 12 sashimi knives. The defendant was then arrested on suspicion of possessing offensive weapons. After someone reported to police that sashimi knives were missing, the defendant admitted that he had given the wrong address, and police arrested him again on suspicion of misleading police officers. The trial will continue on Wednesday.
9 Dec 2024法庭線#4341
Second anti-terrorism case｜Second defendant admits in interview to planting smoke bomb at hospital, says he was coerced; police deny dragging him into alley to extract confession unseen
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》下罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周一（9 日）於高院踏入第 12 天審訊。
辯方盤問拘捕次被告李嘉濱的警員時，指警員沒表露身分，直接將被告扯落地，及用膝蓋跪其頸部，被告一度呼救但遭捂口，警員將他拉入後巷，為免途人發現他逼供。警員在庭上一概否認。負責將被告帶回警署的警員，則供稱被告頸部有傷痕，但被告稱毋須看醫生，亦沒有任何投訴。
庭上播放次被告的錄影會面，他表示「五飛」建議在明愛醫院放煙霧彈，逼使政府封關，他原欲退出但遭對方脅迫，「如果我唔做嘅話，佢會做一啲對我有危險嘅嘢，對我條命或者我屋企人」，他亦承認按「五飛」的指示購買一噸硝酸鉀、製作及放置煙霧彈。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 “Ninety-Two Lots” 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 12th day on Monday (9th).
During defence counsel’s questioning of the police officer who arrested the second defendant, Lee Ka-ban, it was alleged that the officer did not identify himself, pulled the defendant to the ground and knelt on his neck. The defendant allegedly called for help but was gagged, and the officer dragged him into an alley to prevent passers-by from seeing him being coerced. The officer denied all the allegations in court. The officer responsible for taking the defendant back to the police station testified that the defendant had injuries on his neck, but said he did not need to see a doctor and had made no complaints.
A video interview with the second defendant was played in court. He said Ng Fei had suggested setting off smoke bombs at Caritas Medical Centre to force the government to close the borders. He had initially wanted to withdraw but was threatened by the other party: “If I didn’t do it, he would do something dangerous to me, to my life or to my family.” He also admitted buying one tonne of potassium nitrate and making and planting smoke bombs on Ng Fei’s instructions. The trial will continue on Tuesday.
6 Dec 2024法庭線#4333
8.31 Wan Chai | Social worker Chan Hung-sau charged with riot; retrial judge finds case to answer, proceedings adjourned pending defence instructions
2019 年 8 月 31 日，社工陳虹秀被控在灣仔暴動，獲裁定表證不成立，毋須答辯。律政司上訴得直，案件發還重審，陳維持不認罪，案件周五（6 日）在區域法院展開第五日審訊。控方完成舉證，法官裁定表證成立，陳須答辯，並應辯方要求押後下周一續審，待索取指示。
控方另播放《蘋果日報》的直播片段，顯示陳曾向前跑。辯方稱，當時陳身邊有警員，亦有記者，指示威者當時退後到下一個街口，認為陳是較靠近警方防線。控方稱，同意陳在部分時段是較靠近警方防線，但指並非所有時段都一樣。
On 31 August 2019, social worker Chan Hung-sau was charged with rioting in Wan Chai and was found to have no case to answer, meaning she did not have to enter a defence. The Department of Justice won its appeal, and the case was remitted for retrial. Chan maintained her not-guilty plea. The case began its fifth day of trial at the District Court on Friday (6th). After the prosecution completed its evidence, the judge found that there was a case to answer and Chan was required to enter a defence. At the defence’s request, the trial was adjourned until next Monday pending the taking of instructions.
The prosecution also played a livestream clip from Apple Daily showing Chan running forward. The defence said there were police officers and reporters beside Chan at the time, and that protesters had retreated to the next street junction, arguing that Chan was closer to the police cordon. The prosecution said it agreed that Chan was closer to the police cordon during some periods, but said this was not the case during all periods.
6 Dec 2024法庭線#4336
Second Anti-terrorism Case | Officer Continues Testimony on Surveillance and Arrest Operation, Says Second Defendant Was Taken into Alley for Search to Protect Public Safety
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（6 日）於高院踏入第 11 天審訊，控方傳召警員講述監視及拘捕行動。
辯方盤問負責跟蹤第五被告楊怡斯的警員時質疑，警員錄口供時一直沒提及如何辨認楊，直至上庭才補充認人的方法，是因為上庭前「有人話過畀你聽，辯方將會盤問點樣戴口罩去認人」；警答稱「冇咁嘅事發生」。
負責跟蹤及拘捕次被告李嘉濱的警員供稱，截停李時對方掙扎，於是將他按在地上反鎖雙手，亦由於李是製造炸彈的疑犯，為保障公眾安全，他將李「送入後巷入面做搜身」，檢查身上會否有武器或炸藥。審訊下周一續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train compartment at Lo Wu. The Telegram channel “Ninety-Two Lots” 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. On Friday (the 6th), the trial at the High Court entered its 11th day, with the prosecution calling police officers to testify about the surveillance and arrest operations.
During the defence’s cross-examination of the officer responsible for following the fifth defendant Yeung Yee-sze, it was put to him that his statement had never mentioned how he identified Yeung, and that he only added the identification method in court because, before appearing in court, “someone had told you that the defence would question how you identified someone wearing a mask”. The officer replied: “That did not happen.”
The officer responsible for following and arresting the second defendant Lee Ka-ban testified that Li struggled when he was stopped, so the officer pinned him to the ground and restrained his hands behind his back. As Li was a suspect in the manufacture of bombs, the officer said that, to protect public safety, he “took him into an alley to conduct a search” to check whether he was carrying weapons or explosives. The trial will continue next Monday.
5 Dec 2024法庭線#4332
Anti-terrorism second case | Four surveillance officers say two defendants bought angle iron, V masks and other items; one says he identified a defendant after recalling surveillance four years ago
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（5 日）於高院踏入第 10 天審訊。
控方傳召負責跟蹤次被告李嘉濱和第五被告楊怡斯的 4 名監視警員。其中李被目睹購買角鐵、膠片等物；楊則被目睹購買假髮、V 煞面具、化妝品等。辯方盤問時質疑街上人流多、光線不足，令警員難以辨認、認錯人，警員均否認。
楊怡斯的代表大狀盤問下，警員稱今年看到涉案 CCTV 截圖，隨即可以回憶 2020 年 3 月跟蹤的過程，相信截圖中人為楊。審訊周五續。
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “Ninety-Two Divination Lots” later claimed responsibility. Seven people have been charged with offences under the Anti-Terrorism Ordinance, while the remaining person faces a charge of “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 10th day on Thursday (5th).
The prosecution called four surveillance officers responsible for following the second defendant, Lee Ka-ban, and the fifth defendant, Yeung Yee-sze. Lee was seen buying angle iron, plastic film and other items, while Yeung was seen buying a wig, V masks, cosmetics and other items. During cross-examination, the defence challenged the officers, suggesting that the crowds and inadequate lighting in the streets made it difficult for them to identify the people and could have led them to mistake their identities. The officers all denied this.
Under questioning by counsel for Yeung Yee-sze, an officer said that after seeing screenshots of the case-related CCTV this year, he was immediately able to recall the surveillance process in March 2020 and believed that the person in the screenshots was Yeung. The trial will continue on Friday.
4 Dec 2024法庭線#4325
24-year-old man jailed 10 weeks after pleading guilty to assaulting three officers in Causeway Bay and outside High Court
法庭旁聽常客、綽號「肥仔」、患輕度智障的 24 歲男子，被指繼今年六四兩度襲警後，再在高院聽審後襲警，他周三（4 日）在東區裁判法院承認 3 項「襲擊警務人員」罪。主任裁判官蘇文隆就兩案判被告監禁 10 周。
案情指，今年 6 月 4 日，被告的姨婆在銅鑼灣高呼 「支持國安法」等口號後，有警員嘗試將姨婆拉入封鎖範圍，與其他人士分隔。被告則分別拍打傳媒聯絡組的警員及督察臉部。另被告於今年 9 月在高院外送囚車後，被警員截查，要求出示身份證，被告突然用左手拍打警員的右臉。
A 24-year-old man, a frequent court attendee nicknamed “Fatty” who has a mild intellectual disability, pleaded guilty on Wednesday (the 4th) at Eastern Magistrates’ Court to three counts of assaulting police officers. Chief Magistrate Don Man Lung So sentenced him to 10 weeks’ imprisonment for the two cases.
The court heard that on June 4 this year, after the defendant’s grandaunt shouted slogans including “Support the National Security Law” in Causeway Bay, a police officer tried to move her into a cordoned-off area and separate her from other people. The defendant then slapped the faces of an officer from the Police Media Liaison Unit and an inspector. In September this year, after seeing off a prisoner van outside the High Court, the defendant was stopped by police and asked to produce his identity card. He suddenly slapped the right side of a police officer’s face with his left hand.
4 Dec 2024法庭線#4326
Second Anti-terrorism Case | Defendant Allegedly Planned to Plant Bomb in Tseung Kwan O; Surveillance Officer Says He Followed Second Defendant and Saw Him Photograph Sheung Tak Estate
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（4 日）於高院踏入第 9 天審訊。
根據控方案情，各被告原定在將軍澳尚德邨停車場附近放置炸彈。兩名跟蹤次被告的監視警員作供，其中一警稱跟蹤被告在旺角登上私家車，駛往將軍澳，期間停車時與司機向尚德邨的「連儂牆」方向拍攝。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 “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 ninth day at the High Court on Wednesday (the 4th). According to the prosecution’s case, the defendants had planned to place bombs near a car park at Sheung Tak Estate in Tseung Kwan O. Two surveillance officers who followed the second defendant gave evidence. One officer said he followed the defendant as he boarded a private car in Mong Kok and travelled to Tseung Kwan O. During a stop, the defendant and the driver took photographs in the direction of the “Lennon Wall” at Sheung Tak Estate. The trial resumes on Thursday.
Translations are supplied by the source workbook. Consult the original reporting for context.
