29 Jul 2024法庭線#3858
Chow Ka-shing and female lawyer convicted of sending complaint letter via lawyer without authorisation; judge says letters must follow Correctional Services’ internal instructions
去年 5 月，因「47 人案」還押的鄒家成，被指透過律師寄出申訴專員公署投訴信，投訴懲教署損毀及拒絕其親友送入兩本佛學書籍。鄒與一名女律師，被國安處控以一項「將未經授權的物品攜離監獄」罪，兩人不認罪受審，周一（29 日）於西九龍裁判法院被判罪成，案件押後至 8 月 14 日求情。
主任裁判官徐綺薇在裁決時指，《監獄規則》除了確保在囚人士的基本權利，亦對在囚者的通訊和探訪安排施加規定，為了「達至有效的監獄管治，依照懲教署的內部指引，是不可或缺的」，而法例沒授權在囚者在署方毫不知情、未進行保安檢查下，自行寄投訴信，否則「無疑破壞監獄保安制度」。官又認為，法例授權署方於在囚人士面前檢查信件，加上署方只會進行簡短的保安檢查，不會閱讀內容，沒違反信件須保密的原則。
In May last year, Chow Ka-shing, who was remanded in custody in the “47-person case”, was alleged to have sent a complaint letter to the Office of The Ombudsman through a lawyer, complaining that the Correctional Services Department had damaged and refused to accept two Buddhist books delivered by his relatives and friends. Chow and a female lawyer were charged by the National Security Department with one count of removing an unauthorised article from a prison. Both pleaded not guilty and stood trial. They were convicted at West Kowloon Magistrates’ Courts on Monday (29th), and the case was adjourned to 14 August for mitigation.
In her ruling, Chief Magistrate Tsui Yee-wai said that the Prison Rules not only protect prisoners’ basic rights, but also impose requirements on prisoners’ communications and visits. She said that, “to achieve effective prison administration, compliance with the Correctional Services Department’s internal guidelines is indispensable”, and that the law did not authorise prisoners to send complaint letters on their own, without the department’s knowledge or a security inspection; otherwise, this would “undoubtedly undermine the prison security system”. The judge also held that the law authorised the department to inspect letters in prisoners’ presence, and that, as the department would conduct only a brief security inspection rather than read their contents, this did not violate the principle that letters must remain confidential.
26 Jul 2024法庭線#3853
7.1 Causeway Bay | 20-year-old man convicted of arson and other offences and jailed for 6 years appeals; Court of Appeal says matter is “delicate”, refers leave application to three judges
2020 年 7 月 1 日，有人發起港島區遊行，抗議《國安法》實施，一名退休警員兒子、案發時 17 歲男學生涉攜有汽油彈，與其他人到美心西餅縱火，被裁定縱火等 4 罪成，判囚 6 年。他不服刑期提上訴，爭議他案發時年輕、在獄中努力更生、獲太太支持，冀重新索取勞教中心報告。
上訴庭法官彭偉昌周五（26 日）聽罷陳詞，認為案件「有佢微妙嘅地方」，將交由 3 名上訴庭法官組成的合議庭，再處理上訴許可申請。
On 1 July 2020, a procession was organised on Hong Kong Island to protest the implementation of the National Security Law. A 17-year-old male student at the time, the son of a retired police officer, was alleged to have possessed petrol bombs and set fire to a Maxim’s Cakes outlet with others. He was convicted of four offences, including arson, and sentenced to six years’ imprisonment. He appealed against the sentence, arguing that he was young at the time of the offence, had worked hard towards rehabilitation in prison and had the support of his wife, and seeking to obtain a training centre report again.
After hearing submissions on Friday (26th), Court of Appeal judge Pang Wai-cheong said the case had “delicate aspects”. The application for leave to appeal will be handled further by a panel of three Court of Appeal judges.
24 Jul 2024法庭線#3848
20-year-old man charged over 2020 illegal assembly at APM re-arrested on returning to Hong Kong after dropping bail; pleads guilty and remanded for sentencing
2020 年《港區國安法》生效前夕，有網民在觀塘 APM 商場發起「和你 Sing」示威活動，警方其後入商場驅散，當日有 4 人被捕。事隔逾四年，再有一名 20 歲男學生被控參與非法集結罪，上周二（16 日）首次提堂。
被告周三（24 日）再訊時認罪，續還押至 8 月 12 日判刑，等候索取更生中心、勞教中心及教導所報告。案情指，被告在 APM 商場展示有「香港獨立」字眼的藍旗，他被捕後一度「踢保」，7 月中回港時重新被捕。
On the eve of the National Security Law for Hong Kong taking effect in 2020, netizens organised a “Sing With You” protest at the APM mall in Kwun Tong. Police subsequently entered the mall to disperse the protesters, and four people were arrested that day. More than four years later, another 20-year-old male student was charged with participating in an illegal assembly and appeared in court for the first time last Tuesday (the 16th). At a further hearing on Wednesday (the 24th), the defendant pleaded guilty and was remanded in custody until August 12 for sentencing, pending reports from a rehabilitation centre, detention centre and training centre. The facts of the case stated that the defendant displayed a blue flag bearing the words “Hong Kong independence” at the APM mall. After his arrest, he dropped bail and was re-arrested when he returned to Hong Kong in mid-July.
23 Jul 2024法庭線#3843
11.18 Yau Ma Tei | Two men convicted of rioting jailed for 5 years; judge calls post-trial remorse “mere lip service”
2019 年 11 月 18 日，警方圍封理工大學，213 人涉在油麻地「圍魏救趙」被控暴動，分拆成多案審理。其中一案 6 人開審前認罪，餘下兩人不認罪受審後罪成，周二（23 日）在區域法院被判囚 5 年。
法官謝沈智慧判刑時稱，兩名被告經審訊後才表示悔疚，是「口惠而實不至」，並指個人身體、家庭等因素均不構成減刑理由，判兩人監禁 5 年。
On 18 November 2019, police cordoned off the Polytechnic University. A total of 213 people were charged with rioting in Yau Ma Tei in an attempt to “besiege Wei to rescue Zhao”, and the cases were split for trial. In one of the cases, six people pleaded guilty before the trial began. The remaining two pleaded not guilty but were convicted after trial, and were sentenced to five years’ imprisonment at the District Court on Tuesday (23rd).
In sentencing, Judge Adriana Noelle Tse Ching said the two defendants only expressed remorse after the trial, which amounted to “mere lip service”. The judge also said that personal physical and family factors did not constitute grounds for a reduced sentence, and sentenced both men to five years’ imprisonment.
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.
20 Jul 2024法庭線#3834
Vigilante attack case involving Joe Chen: Five convicted of rioting and other offences, jailed for 3½ to 5 years 3 months
中年無業漢陳真涉於 2019 年 11 月 3 日，於太古城中心外，咬甩前東區區議員趙家賢左耳及持刀傷人，後亦遭其他人擲物、攻擊。6 男被控暴動、有意圖傷人等罪，4 人認罪，另兩人受審後一人罪成、一人罪脫。罪成 5 人周六（20 日）在區院被判囚 3 年半至 5 年 3 個月。
暫委法官高偉雄引述辯方求情稱，有被告為卡巴迪及躲避盤的港隊成員，另為唱作音樂人，曾獲台灣唱片公司簽約，但知悉他被捕後則中止合約；亦有被告候審期間考取健身教練牌照。
官指，同意事主陳真有挑動眾人情緒，但指陳的所作所為即使如何兇殘及不理性，尤其陳倒地後，群眾仍施襲，已不可能視為合法或合理，又指被告的行為等同「私了」。
翻查資料，陳真被起訴蓄意嚴重傷人等罪，罪成被判囚 14 年半，今年 5 月刑罰上訴得直，減刑至判囚 14 年。
Middle-aged unemployed man Joe Chen was alleged to have bitten off the left ear of former Eastern District councillor Chao Ka-hin and injured him with a knife outside Cityplaza on 3 November 2019, before himself being struck and attacked by others. Six men were charged with rioting and wounding with intent, among other offences. Four pleaded guilty; of the other two, one was convicted and one acquitted after trial. The five convicted men were sentenced at the District Court on Saturday (20th) to between 3½ years and 5 years 3 months in prison.
Acting Judge Ko Wai-hung cited the defence's mitigation submissions, which said that one defendant was a member of Hong Kong teams for kabaddi and dodgeball, while another was a singer-songwriter who had been signed by a Taiwanese record company, but whose contract was suspended after the company learned of his arrest. Another defendant obtained a fitness instructor licence while awaiting trial.
The judge said he agreed that the victim, Joe Chen, had provoked the crowd's emotions, but said that whatever the brutality and irrationality of his actions, particularly after he had fallen to the ground, the crowd's continued assault could no longer be regarded as lawful or reasonable. He said the defendants' actions were tantamount to “taking matters into their own hands”.
Court records show that Joe Chen was charged with wounding with intent to cause grievous bodily harm and other offences, convicted and sentenced to 14½ years in prison. His appeal against sentence succeeded in May this year, reducing the sentence to 14 years' imprisonment.
19 Jul 2024法庭線#3826
Man convicted of insulting national anthem at Women’s Volleyball Nations League; magistrate says patriots can also insult anthem
21 歲青年涉在 2023 年 6 月，於紅館觀看世界女排聯賽，在播放中國國歌時發出噓聲，倒竪拇指及唱出《Do You Hear The People Sing》，被控侮辱國歌罪。被告周五（19 日）在九龍城裁判法院被裁定罪成，准以原有條件保釋，候處理求情及判刑。
裁判官林子康認為，被告稱因受到「迪士尼人」的刺激一說屬於狡辯，又強調審訊重點不是判斷被告是否愛國，認為即使是愛國人士也可以做出侮辱國歌的行為。官又指，被告雖然患有自閉症及過度活躍症，但當日的行為全屬自主，是公開故意侮辱國歌。
官續指，辯方主張《Do》的歌詞中有與中國國歌相似的部分，是自欺欺人，罔顧國歌的意義及重要性，又認為國歌必定是對國民有深厚的意義和背後訊息，不接納辯方說法。
A 21-year-old man was accused of booing, giving a thumbs-down gesture and singing “Do You Hear The People Sing” while China’s national anthem was played at the Women’s Volleyball Nations League at the Hong Kong Coliseum in June 2023. The defendant was convicted of insulting the national anthem at Kowloon City Magistrates’ Courts on Friday (19th). He was released on bail under the existing conditions pending mitigation and sentencing.
Magistrate Chee Hong Lam said the defendant’s claim that he had been provoked by “Disney people” was sophistry. The magistrate stressed that the focus of the trial was not to determine whether the defendant was patriotic, and said that even patriotic people could engage in conduct insulting the national anthem. The magistrate also said that although the defendant had autism and attention deficit hyperactivity disorder, his conduct that day was entirely voluntary and constituted an open and deliberate insult to the national anthem.
The magistrate further said the defence’s argument that some of the lyrics of “Do You Hear The People Sing” were similar to those of China’s national anthem was self-deception and disregarded the anthem’s meaning and importance. The magistrate considered that a national anthem must carry profound meaning and an underlying message for its citizens, and rejected the defence’s argument.
19 Jul 2024法庭線#3827
11.18 Yau Ma Tei Riot Case: 12 of 23 Defendants Plead Guilty Before Trial and Are Jailed for 3 Years to 3 Years 4 Months
2019 年 11 月 18 日，警方圍封理工大學，大批市民「圍魏救趙」，213 人在油麻地碧街一帶被捕，分拆成多案審理。其中涉及 23 人的案件，12 人開審前認罪，周五（19 日）在區域法院判囚 3 年至 3 年 4 個月。
暫委法官黃雅茵指，示威現場最高峰達 2000 人，大部分穿深色或黑色裝束，並有頭盔、口罩等裝備，從裝束可見，示威者有周詳計劃，「有備而戰」。
除了認罪扣減，法官提到有被告化學系一級榮譽畢業，正修讀博士學位，但因本案須停學，欲於國際科學期刊刊登論文，亦因案件擱置；另有被告半工讀碩士課程，還押後修讀了 3 個遙距課程，2 人獲減刑 4 個月。官另考慮有 5 人沒有自暴自棄，努力及積極學習，額外減刑 2 個月。
On 18 November 2019, police cordoned off the Polytechnic University. A large number of people attempted to “besiege Wei to rescue Zhao”, and 213 people were arrested in the area around Pitt Street in Yau Ma Tei. The cases were divided into several trials. In a case involving 23 people, 12 pleaded guilty before trial and were sentenced at the District Court on Friday (19th) to between 3 years and 3 years 4 months’ imprisonment.
Acting Judge Peony Nga Yan Wong said the protest scene had reached a peak of 2,000 people. Most wore dark or black clothing and had equipment including helmets and masks. The judge said their clothing showed that the protesters had planned in detail and were “well prepared for battle”.
In addition to the reduction for pleading guilty, the judge noted that one defendant had graduated with first-class honours in chemistry and was pursuing a doctoral degree, but had to suspend the studies because of the case. The defendant also had to put on hold plans to publish a paper in an international scientific journal. Another defendant was studying for a master’s degree while working part-time, and took three distance-learning courses while remanded in custody. The two defendants each received a further four-month reduction in sentence. The judge also took into account that five people had not given up on themselves and had studied diligently and actively, granting them an additional two-month reduction in sentence.
19 Jul 2024法庭線#3832
7.14 New Town Plaza clashes | Injured police officer seeks damages; claim against police stayed, one protester settles for HK$150,000
2019 年 7 月 14 日，沙田新城市廣場發生警民衝突。兩名便衣警稱當晚受示威者襲擊受傷。一警員先後向兩名承認暴動罪的示威者，以及警務處長索償。涉及警務處的案件原定 7 月初在高院開審，雙方獲准擱置審訊，待涉及示威者的索償案完結。
高院暫委法官梁俊文周五（19 日）頒判詞補充理由，指原告警員一直沒披露有另一宗索償訴訟同時進行，難以理解為何會聘用不同的律師各自處理，形容情況「特殊和令人遺憾」。判詞又透露在另案中，有示威者被告以 15 萬元庭外和解，另一人則正由法庭評定賠償額。
翻查入稟狀，警員向警方索償時指，警方委派警員到場前沒作適當形勢評估，令他們寡不敵眾，致他的臉部、身體及眼睛受傷。
Police–civilian clashes occurred at Sha Tin New Town Plaza on 14 July 2019. Two plain-clothes police officers said they were injured after being attacked by protesters that night. One officer subsequently sought damages from two protesters who admitted rioting offences and from the Commissioner of Police. The case involving the Police Force was originally scheduled for trial in the High Court in early July. The parties were granted a stay of the trial pending the conclusion of the damages claim involving the protesters.
High Court deputy judge Chun Man (Judge) Leung handed down a judgment on Friday (19th) giving supplementary reasons. The judge said the plaintiff police officer had not disclosed throughout that another damages action was being conducted at the same time, and it was difficult to understand why different lawyers had been engaged to handle the two matters separately, describing the situation as “unusual and regrettable”. The judgment also disclosed that, in the other case, one protester defendant had settled out of court for HK$150,000, while the court was assessing the damages payable to another.
According to the writ of summons, when seeking damages from the Police Force, the officer alleged that the Police had failed to conduct an appropriate assessment of the situation before deploying officers to the scene, leaving them outnumbered and causing injuries to his face, body and eyes.
18 Jul 2024法庭線#3825
“Glory to Hong Kong” injunction case | Chow Hang-tung denied permission to join appeal and leave to appeal, ordered to pay about HK$100,000 in costs
律政司就《願榮光歸香港》申請禁制令案，獲上訴庭頒下臨時禁制令。因支聯會案正還押的鄒幸彤，早前有意參與律政司上訴案但被拒，申請上訴許可亦遭高院駁回。
鄒幸彤不服再提上訴，上訴庭周四（18 日）拒絕批出上訴許可，判詞指，鄒幸彤沒有按法官指示，以「介入者」等身分加入訴訟，加上她否認作出受禁行為，不能成為與訟方，法官亦已運用酌情權考慮她提交的反對理由；上訴庭另下令鄒一方支付約 10 萬元訟費。
The Department of Justice obtained an interim injunction from the Court of Appeal in its application for an injunction against “Glory to Hong Kong”. Chow Hang-tung, who is being held on remand in the Hong Kong Alliance case, had earlier sought to participate in the Department of Justice’s appeal but was refused; her application to the High Court for leave to appeal was also dismissed.
Chow appealed against the decision. On Thursday (18th), the Court of Appeal refused to grant leave to appeal. The judgment said Chow had not joined the proceedings in a capacity such as an intervener as directed by the judge. As she denied committing any prohibited acts, she could not become a party to the proceedings, and the judge had already exercised discretion in considering the grounds of opposition she submitted. The Court of Appeal also ordered Chow’s side to pay about HK$100,000 in legal costs.
Translations are supplied by the source workbook. Consult the original reporting for context.
