12 Mar 2024法庭線#3159
7.21 Yuen Long | Four White-Clad Men Charged with Rioting Four Years Later; One Intends to Plead Not Guilty
元朗 7.21 襲擊 4 名「白衣人」被落案起訴暴動等罪，當中 3 人周二（12 日）在區院應訊，一人稱擬不認罪，其代表大狀稱或待同案擬認罪被告聆訊後，再看會否更改答辯意向；法官高勁修提醒，屆時或影響認罪扣減，大狀稱保留現時擬不認罪答辯。
另外兩被告則稱，需時索法律意見，一人指或涉與控方認罪商討。法官押後至 4 月 11 日再訊，一人續准擔保，另外兩人沒保釋申請，繼續還押。
Four “white-clad men” have been charged with rioting and other offences over the 7.21 Yuen Long attack. Three appeared at the District Court on Tuesday (12th). One said he intended to plead not guilty. His senior counsel said he might wait until after the hearing of a co-defendant who intends to plead guilty before deciding whether to change his plea. Judge Ko King-shiu warned that this might affect any guilty-plea reduction, and counsel said he maintained the current intended not-guilty plea.
The other two defendants said they needed time to seek legal advice, with one indicating that plea negotiations with the prosecution might be involved. The judge adjourned the case until 11 April for a further hearing. One defendant was allowed to continue on bail, while the other two made no bail applications and remained remanded in custody.
7 Mar 2024法庭線#3120
Appeal in first 7.21 white-shirted men riot case; Ng Wai-nam has completed sentence and hears proceedings outside dock
元朗 7.21 襲擊首宗白衣人案，7 被告罪成，一人罪脫。高院上訴庭周四（7 日）處理鄧懷琛、「飛天南」吳偉南、鄧英斌及蔡立基的定罪及刑期上訴；以及律政司就首被告王志榮無罪裁決的案件呈述上訴。吳偉南、鄧英斌已完成服刑。吳與王一併坐在被告欄外。
鄧懷琛指，原法律代表涉提供錯誤法律觀點，稱不可用「自衛」抗辯，釀審訊不公。吳偉南則稱當時任「和事佬」，被官質疑「和事佬唔會加入埋打人㗎嘛？」鄧英斌則稱其行為不構成破壞社會安寧，官質疑攜棍涉持武，「咁樣係咪暴動呢？你話係咪呢？」鄧的代表稱「唔係」。蔡立基將於周五繼續陳詞。
至於王志榮，律政司指案中有 6 個重大環境證供，能清晰辨認王參與暴動，指若上訴得直，望可交予原審區院法官葉佐文重新裁決。
In the first case involving white-shirted men accused of the 7.21 attack in Yuen Long, seven defendants were convicted and one acquitted. The High Court’s Court of Appeal on Thursday (the 7th) dealt with conviction and sentencing appeals by Tang Wai-sam, Ng Wai-nam, Tang Ying-pan and Alex Lap Kee Choi, as well as the Department of Justice’s appeal by way of case stated against the acquittal of first defendant Zhirong Wang. Ng Wai-nam and Tang Ying-pan have completed their sentences. Ng and Wong sat together outside the dock.
Tang Wai-sam said his former legal representatives had allegedly provided incorrect legal views, saying that self-defence could not be used as a defence, resulting in an unfair trial. Ng Wai-nam said he had acted as a “peacemaker” at the time, prompting the judge to ask: “A peacemaker wouldn’t join in beating people, would they?” Tang Ying-pan said his conduct did not constitute a breach of the peace. The judge questioned whether carrying a stick amounted to possessing a weapon, asking: “Does that count as rioting? You tell me.” Tang’s representative said: “No.” Alex Lap Kee Choi will continue making submissions on Friday.
As for Zhirong Wang, the Department of Justice said there were six significant pieces of circumstantial evidence in the case that clearly identified Wong’s participation in the riot. It said that if the appeal were allowed, it hoped the matter could be remitted to the trial District Court judge, Eddie Chor Man Yip, for a fresh determination.
18 Jan 2024集誌社#2832
Licence Plate Check | The Collective Has Waited Over 10 Days for 721-Related Vehicle Records; Transport Department Says Application Lacks Information and Poses 10 Follow-up Questions
運輸署在 1 月 8 日起收緊車輛查冊，採訪新聞要查車牌只能透過「特殊情況」作書面申請，由運輸署長「把關」，在公眾利益大於車主私隱權、及社會合法權益下才會批准。《集誌社》記者在 1 月 8 日新安排實施當日，向運輸署申出書面申請查詢，在 721 元朗襲擊當晚，於鳳攸北街涉運載竹枝及白衣人到場的三輛車輛資料，以進一步了解事件發生經過和所涉及人物。
《集誌社》今早（18日）接獲運輸署回覆，指申請缺乏資料、提出十個問題，要求提供充分及詳盡的書面陳述，「包括但不限於」：詳細說明所指事件中的「重大公眾利益」具體為何；提供有關車輛在事件中的出現時間、地點及其他相關情況；車輛與「聲稱的重大公眾利益」有何關係；將如何使用資料作採訪；具體說明事件已公開的相關資料為何不足夠作出有關報道；提供保密措施的內部指引等等。《集誌社》將繼續申請索閱相關資料。
The Transport Department tightened vehicle record searches on 8 January. To search licence plates for news reporting, applicants must now submit a written application under “special circumstances”, which is subject to the Director of Transport’s scrutiny and will only be approved when the public interest outweighs the vehicle owner’s right to privacy and society’s legitimate interests. On 8 January, the day the new arrangement took effect, a reporter from The Collective submitted a written application to the Transport Department seeking information on three vehicles that were allegedly involved in transporting bamboo sticks and white-clad men to Fung Yau North Street on the night of the 721 Yuen Long attack, in order to further understand what happened and the people involved.
The Collective received a reply from the Transport Department this morning (18 January), stating that the application lacked information and posing 10 questions. It requested a sufficient and detailed written statement, “including but not limited to”: a detailed explanation of the specific “substantial public interest” involved in the event; the time, location and other relevant circumstances of the vehicles’ appearance at the event; the relationship between the vehicles and the “alleged substantial public interest”; how the information would be used for reporting; a specific explanation of why the relevant information already made public was insufficient for the proposed report; and the internal guidelines on confidentiality measures. The Collective will continue applying to inspect the relevant information.
14 Dec 2023法庭線#2665
7.21 non-white-shirted people case｜Lam Cheuk-ting granted application to withdraw bail, refunded HK$20,000 bail money; trial to resume in March next year
前立法會議員林卓廷與另外 6 名「非白衣人」，被控 2019 年 7 月 21 日在元朗站暴動案，上月被裁定表證成立，押後 2024 年 3 月展開辯方案情。獲保釋的林周四（14 日）在區院申請撤回保釋，控方不反對，獲法官陳廣池批准，並發還兩萬元擔保金。
林由大律師管致行代表，表示上周去信法庭申請撤銷保釋。法官問，為何不在 2023 年 11 月 23 日表證成立當天提出，「就唔使（而家）特登開庭」。管答，是表證成立之後方與林討論，再有此決定。
官轉問控方代表、律政司高級檢控官程慧明，「相信控方無理由，亦都無權反對啦」。程同意。退庭時，林對其法律代表揮手指「唔該晒」。目前林另亦因民主派初選 47 人等案還押。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted people” were charged with rioting at Yuen Long Station on 21 July 2019. They were ruled last month to have a case to answer, with the defence case adjourned to March 2024. Lam, who had been granted bail, applied to withdraw his bail at the District Court on Thursday (14th). The prosecution did not object, and Judge Chan Kwong-chi approved the application and ordered the return of the HK$20,000 bail money.
Lam was represented by barrister Kwan Chi-hang, who said he had written to the court last week to apply for the bail to be withdrawn. The judge asked why the application had not been made on 23 November 2023, when the case was ruled to have a case to answer, saying, “then there would have been no need to specially convene a hearing now.” Kwan replied that the decision was made only after discussing it with Lam following the ruling that there was a case to answer.
The judge then turned to the prosecution representative, Senior Public Prosecutor Wei Min Cheng of the Department of Justice, saying, “I believe the prosecution has no reason, and also no right, to object.” Cheng agreed. When leaving the courtroom, Lam waved to his legal representatives and said, “Thank you very much.” Lam is also currently remanded in custody in connection with, among other cases, the case involving the 47 people in the pro-democracy primary.
23 Nov 2023法庭線#8692
7.21 Non-White-Shirt Case | Judge Chan Kwong-chi Rules Prima Facie Case Established Against Lam Cheuk-ting and Six Others on Riot Charges; All Seven Intend to Testify
前立法會議員林卓廷與另外 6 名「非白衣人」，被控 2019 年 7 月 21 日在元朗站暴動，周四（23 日）在區院展開第 22 天審訊，法官陳廣池裁定，7 名被告暴動罪表證成立，需要作出答辯。案件押後至 2024 年 3 月 5 日至 28 日續審，料屆時開始辯方案情。
辯方指，7 名被告均擬出庭作供。林擬另傳召 5 名辯方證人，其中一證人獲批匿名令；第三被告擬另傳一名證人。其餘 5 名被告則不傳證人。
法官一度指對審期「唔贊成亦都唔理想」。林卓廷一方指，他涉及高院原訟庭一宗案件，將於 11 月 29 日作結案陳詞。法官即稱，「咁一定要畀返原訟庭啦。」該案為民主派初選 47 人案，林被控「串謀顛覆國家政權」罪，他與另外 15 被告不認罪。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirt” defendants were charged with rioting at Yuen Long Station on 21 July 2019. On Thursday (23rd), the 22nd day of the trial at the District Court, Judge Chan Kwong-chi ruled that a prima facie case had been established against all seven defendants on the riot charges and that they had a case to answer. The trial was adjourned to 5–28 March 2024, when the defence cases are expected to begin.
The defence said that all seven defendants intend to testify. Lam intends to call five additional defence witnesses, one of whom has been granted an anonymity order. The third defendant intends to call one additional witness. The other five defendants will call no witnesses.
The judge at one point said he was “not in favour” of and that it was “not ideal” to schedule the trial period as proposed. Lam’s side said he was involved in a case in the Court of First Instance, where closing submissions would be made on 29 November. The judge then said, “Then it must be given back to the Court of First Instance.” That case is the pro-democracy primary election 47-person case, in which Lam is charged with conspiracy to subvert state power. He and 15 other defendants have pleaded not guilty.
16 Nov 2023法庭線#8654
7.21 non-white-shirted people case | Two officers monitoring CCTV repeatedly reported gatherings and fights; district command room replied
控方先後傳召駐元朗站監察閉路電視的兩名便衣警作供。綜合目前庭上證供，兩人多次向元朗警區行動室匯報聚集、打鬥，最早一次匯報是當晚約 9 時半後，警長指留意到「人群多咗，聚集多咗」，遂作匯報；至 10 時半後 ，他發現有打鬥，曾匯報逾 10 次。
另一警員則供稱，10 時許「見到白衫揸棍揸牌」進站，至 10 時 40 分有追逐、打鬥發生，遂作匯報；約 10 時 48 分，大堂中間有多人聚集，閘機外有多名白衣人，他再匯報。兩警引述行動室數次回覆，分別稱「我哋知道㗎啦，得啦 OK 啦」、「知道我哋處理緊」等等。
據辯方盤問時引述警員匯報，10 時 52 分有 3 名軍裝警到站，當時發現已約 100 白衫人「叫囂、喊打」，3 人求援後撤退。據早前庭上證供，快速反應部隊約 11 時獲指示前往元朗站，約於 15 分鐘後到達。案件周五續。
The prosecution successively called two plainclothes officers stationed at Yuen Long Station to monitor CCTV to testify. Based on the evidence given in court so far, the two officers repeatedly reported gatherings and fights to the Yuen Long Police District operations room. The earliest report was made shortly after about 9:30pm that night, when a sergeant noticed that “there were more people, and more gatherings”, and made a report. After 10:30pm, he noticed fighting and reported it more than 10 times.
The other officer testified that at around 10pm he “saw people in white shirts carrying sticks and shields” entering the station. When chasing and fighting broke out at 10:40pm, he made a report. At about 10:48pm, he reported again after seeing many people gathered in the middle of the concourse and several white-shirted people outside the turnstiles. The two officers quoted several replies from the operations room, including: “We know, that’s enough, OK?” and “We know, we’re handling it.”
During defence questioning, reports cited by the officers stated that three uniformed police officers arrived at the station at 10:52pm. They found about 100 white-shirted people “shouting and calling for a fight”. The three officers withdrew after requesting assistance. According to earlier evidence in court, the Rapid Response Team was instructed to go to Yuen Long Station at around 11pm and arrived about 15 minutes later. The case continues on Friday.
14 Nov 2023法庭線#8644
7.21 Non-White-Shirted Persons Case | Rapid Response Force Commander: No Recollection of Officers Reporting; Many at Station Shouting and Calling for Violence
辯方盤問下，李稱當晚約 11 時接指示到站協助，但稱不記得指示的實際內容，而他帶隊約 11 時 15 分到場。辯方問及港鐵當晚曾作出兩個報警求助，指有人打鬥，而有曾到場的軍裝警匯報亦提及觀察到約 100 名白衫人士叫囂、喊打；李均稱無印象。
辯方播閉路電視片段，指顯示警沿 G 出口扶手電梯到達大堂前，有白衫人從旁邊的扶手電梯離開，但其後調頭。李認出自己是帶頭走上電梯的白衫警，但指當時沒留意到旁邊有人，亦無留意他們持棍、戴手套，「我跑嗰時望住啲梯級驚跌親，所以側邊啲嘢我睇唔到。」
李其後同意，獲指示到場時，已知悉有不少白衣人聚集，故需派出 20 名以上的警員，又同意他們有可能有暴力行為。辯方又指，李走上扶手電梯時手持警棍放膊頭，顯示他認為要有戒備狀態；李同意。案件周三續。
Under questioning by the defence, Lee said he was instructed at about 11 p.m. that night to go to the station to provide assistance, but did not remember the actual content of the instruction. He led his team to arrive at about 11:15 p.m. The defence noted that MTR had made two calls for police assistance that night, reporting fights, and that a uniformed officer who had attended the scene had reported observing about 100 white-shirted people shouting and calling for violence. Lee said he had no recollection of these matters.
The defence played CCTV footage which it said showed that, before the police reached the concourse via the escalator at Exit G, white-shirted people left via the adjacent escalator but subsequently turned back. Lee identified himself as the white-shirted officer leading the group up the escalator, but said he had not noticed anyone nearby at the time, nor noticed that they were carrying sticks and wearing gloves. “When I was running, I was looking at the steps because I was afraid of falling, so I couldn’t see what was beside me.”
Lee subsequently agreed that, when he was instructed to go to the scene, he already knew that many white-shirted people had gathered, and therefore more than 20 officers had to be deployed. He also agreed that they might have engaged in violent acts. The defence further said that, as Lee went up the escalator, he was holding his police baton against his shoulder, indicating that he believed they needed to remain on guard; Lee agreed. The case continues on Wednesday.
13 Nov 2023法庭線#8641
7.21 Non-White-Clad Men Case | Yuen Long Station Supervisor Sought Help from Police Room; Uniformed Officer Told Him to “Follow Procedure”
獲准匿名的高級車站管理主任 E 供稱，當晚 10 時 43 分，從控制室的閉路電視看到 F 出口附近約有 10 多人爭執，因「覺得比較嚴重」，遂致電站內警務室求助，一名軍裝警員其後到車站控制室，著他「照程序做」，他遂通知港鐵車務控制中心，要求報警。
E 確認，由下午開始控制室內有兩名便衣警監察閉路電視，由於他不知兩人的任務，故「唔會騷擾」。辯方盤問時問，當爭執事件發生，便衣警有否反應？E 指，「我記憶中就無」。E 又指，當晚 10 時 56 分起開始在控制室忙於接聽電話，故不清楚站內情況，亦無留意便衣警。案件周二續。
Senior station management officer E, who was granted anonymity, testified that at 10:43 p.m. that night, he saw from the control room’s CCTV that more than 10 people were arguing near Exit F. As he “felt it was more serious”, he called the police room at the station for help. A uniformed police officer subsequently went to the station control room and told him to “follow procedure”, after which he notified the MTR Operations Control Centre and requested that the police be called.
E confirmed that two plainclothes police officers had been monitoring the CCTV in the control room since the afternoon. As he did not know their mission, he said he “would not disturb them”. During cross-examination, the defence asked whether the plainclothes officers had reacted when the dispute occurred. E said, “Not according to my recollection.” E also said that from 10:56 p.m. that night, he was busy answering calls in the control room, so he was unaware of the situation in the station and did not notice the plainclothes officers. The case will continue on Tuesday.
3 Nov 2023法庭線#8596
7.21 Non-White-Shirted Men Case | Yuen Long Station manager says two plain-clothes officers were assigned to monitor station from 5pm; police made request two days earlier
元朗站經理供稱，警方於事發兩日前，即 7 月 19 日，要求安排兩名便衣警於 7 月 21 日下午 5 時開始駐站監察。他當晚在控制室亦看到兩名天水圍警署便衣警。辯方問，警員可否透過閉路電視清楚看到站內發生的事？他稱「代唔到佢哋答」，但確認閉路電視可監察情況。
翻查監警會報告，警方當日於元朗等 4 個港鐵站設立「警方觀察哨站」，指「在西鐵站內的車務控制室觀察 ，並直接向元朗警區行動室匯報任何異常情況。」
另車站管理主任供稱，他不知道站內警務室有何作用，但指「久唔久見到有警察」。他又同意，當晚因交通問題而遲到上班，看到數十名穿白衣人士由月台向下行往大堂，當時月台地上留有爛傘、膠袋及衣服，但看不到爭執或打鬥。案件將押後一周，至 11 月 13 日續。
The Yuen Long Station manager testified that police had requested, on 19 July—two days before the incident—that two plain-clothes officers be stationed at the station to monitor it from 5pm on 21 July. He also saw two plain-clothes officers from Tin Shui Wai Police Station in the control room that evening. Asked by the defence whether officers could clearly see what was happening inside the station via closed-circuit television, he said he "could not answer for them", but confirmed that the CCTV system could monitor the situation.
The Independent Police Complaints Council report stated that police had set up "police observation posts" at four MTR stations, including Yuen Long, that day, observing from the railway operations control rooms and reporting any abnormal situations directly to the Yuen Long District Operations Room.
A station management officer also testified that he did not know the purpose of the police room at the station, but said he "saw police from time to time". He agreed that he arrived late for work that evening because of traffic problems, and saw dozens of people in white shirts walking down from the platform to the concourse. There were broken umbrellas, plastic bags and clothing on the platform floor at the time, but he did not see any dispute or fighting. The case was adjourned for one week and will resume on 13 November.
2 Nov 2023獨媒#8594
【Yuen Long 7.21】Prosecution Removes Lam Cheuk-ting’s Assistant Cheuk Nam Sin from Witness List; Defence Application to Call Him Rejected
2019年7.21元朗事件中，遭白衣人施襲、獲警方致謝舉報的民主黨前立法會議員林卓廷，與6男被控暴動罪，案件今（2日）踏入審訊第13日。控方原本將林卓廷助手冼卓嵐列為控方證人，他當晚在元朗站為林卓廷拍攝直播，但控方在開審前一周卻把他從證人列表剔除。辯方上周申請傳召冼作控方證人並接受盤問。法官陳廣池今拒絕辯方申請，指考慮到冼的角色、與林卓廷的關係，以及當晚冼與林卓廷一同進入元朗站，兩人目的一致，認為不傳召並不會對各被告不公。
The trial of former Democratic Party Legislative Council member Lam Cheuk-ting and six other men, who were charged with rioting over the July 21, 2019 Yuen Long incident, entered its 13th day today (the 2nd). Lam was attacked by men in white and was thanked by police for reporting the incident. The prosecution had originally listed Lam’s assistant Cheuk Nam Sin as a prosecution witness. He filmed a livestream for Lam at Yuen Long Station that night, but the prosecution removed him from the witness list one week before the trial began. The defence applied last week to call Sin as a prosecution witness and cross-examine him. Judge Chan Kwong-chi rejected the application today, saying that, having considered Sin’s role, his relationship with Lam, and the fact that Sin and Lam entered Yuen Long Station together that night for the same purpose, not calling him would not be unfair to the defendants.
Translations are supplied by the source workbook. Consult the original reporting for context.
