3 Jul 2024法庭線#3770
First anti-terrorism case | Police used Cellebrite to extract phone data; officer agrees some deleted messages can be recovered but software is not foolproof
《反恐條例》首案，不認罪 7 人周三（3 日）在高等法院踏入第 45 天審訊。庭上早前提及，警方以程式 Cellebrite 擷取涉案手提電話的資料。控方傳召負責應用 Cellebrite 的警長以專家身分作供。警長指，Cellebrite 可以復原部分被刪除的訊息，但同意程式「唔係萬能」，並不一定能復原全部資料。
The seven defendants who have pleaded not guilty in the first case under the Anti-Terrorism Ordinance entered the 45th day of their trial at the High Court on Wednesday (the 3rd). It was previously mentioned in court that police had used Cellebrite software to extract data from the mobile phones involved in the case. The prosecution called the police sergeant responsible for using Cellebrite to testify as an expert witness. The sergeant said Cellebrite could recover some deleted messages, but agreed that the software was “not foolproof” and could not necessarily recover all the data.
3 Jul 2024法庭線#3772
Apple Daily Limited faces winding-up petition; court told about HK$49 million involving 580 employees, company may repay
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司，被控「串謀勾結外國勢力」等罪，案件正在審理。壹傳媒有限公司於 2021 年 12 月被高等法院正式頒令清盤，旗下的「蘋果日報有限公司」，則被兩名債權人在高院提出呈請，要求頒令清盤。案件周三（3 日）於高等法院處理。
呈請方透露，僱員補償援助基金管理局已介入處理，涉及 4900 萬元及約 580 名員工。呈請方在聆案官詢問下，確認「蘋果日報有限公司」有機會還款，但需時處理。案件押後 11 月 6 日再訊，待雙方協商。
Next Digital founder Jimmy Lai and three companies related to Apple Daily are charged with offences including conspiracy to collude with a foreign country or external forces, and the case is being heard. Next Digital Limited was formally ordered to be wound up by the High Court in December 2021. Its subsidiary, Apple Daily Limited, is now facing a winding-up petition filed by two creditors in the High Court. The case was heard at the High Court on Wednesday (the 3rd).
The petitioners disclosed that the Employees Compensation Assistance Fund Board had intervened in the matter, which involved HK$49 million and about 580 employees. In response to questions from the court master, the petitioners confirmed that Apple Daily Limited might be able to repay the money, but that time would be needed to deal with the matter. The case was adjourned to November 6 for further mention, pending negotiations between the parties.
2 Jul 2024法庭線#3763
First Anti-Terrorism Case | Electronics Expert: Bomb Device Had Design Problems and Might Not Ignite or Explode
《反恐條例》首案，不認罪 7 人周一（2 日）在高等法院踏入第 44 天審訊。控方傳召政府法證化驗師，分析於涉案電話備忘錄中載有的化學程式，另傳召電子專家檢驗於香港華仁書院附近檢獲的兩個炸彈電子裝置。
化驗師指，備忘錄中其中一條化學方程式，與製作黑火藥的組合脗合，屬低性能炸藥。而黑火藥在人類歷史上已使用多年，網上隨時找到製作資訊。電子專家則指，案中「細炸彈」的裝置中包含手提電話，致電可啟動。至於「大炸彈」，專家指該裝置並無安裝電子火柴，若啟動會令繼電器發熱，但最終未必會「著火」，甚至高溫會損毀零件，認為此裝置設計上有問題。
The first case under the Anti-Terrorism Ordinance entered its 44th day of trial at the High Court on Monday (the 2nd), with seven defendants pleading not guilty. The prosecution called a government forensic chemist to analyse chemical formulas contained in a memo on a phone involved in the case, and an electronics expert to examine two bomb electronic devices found near Wah Yan College Hong Kong.
The chemist said one of the chemical equations in the memo corresponded to the composition used to make black powder, a low-performance explosive. Black powder has been used for many years in human history, and information on how to make it can readily be found online. The electronics expert said the device in the “small bomb” contained a mobile phone and could be activated by calling it. As for the “large bomb”, the expert said the device was not fitted with an electric match. If activated, it would cause a relay to heat up, but might ultimately fail to “ignite”; the high temperature could even damage the components. The expert considered the device to have design problems.
2 Jul 2024法庭線#3766
Man in His Seventies Previously Jailed for Unlicensed Erhu Performance of “Glory to Hong Kong” Charged Again
2021 至 2022 年期間，曾因以二胡演奏《願榮光》被票控無牌演奏，最終被裁罪成、判囚 30 日的七旬翁李解新，被指於 2023 年 9 至 10 月期間，在觀塘、葵涌、粉嶺、大埔及元朗無牌演奏及籌款，共被票控 12 罪，案件周二（2 日）在西九龍裁判法院提堂。
控方呈上本案 12 張傳票的時序表，以及就「沒有許可證而在公眾地方籌款」的修定控罪字眼，指可答辯。辯方則指，較早前曾去信控方作協商，惟於 6 月 28 日獲通知協商不獲接受，現需時向被告解釋情況，並再次去信控方作協商。
裁判官李志豪批准被告今天毋須答辯，押後至 8 月 6 日再訊。
Li Kai-sun, a man in his seventies who was previously convicted and sentenced to 30 days in prison after being charged with performing “Glory to Hong Kong” on an erhu without a licence between 2021 and 2022, was accused of performing without a licence and soliciting donations in Kwun Tong, Kwai Chung, Fanling, Tai Po and Yuen Long between September and October 2023. He faces 12 charges, and the case was brought before the West Kowloon Magistrates’ Courts on Tuesday (2nd). The prosecution submitted a chronology of the 12 summonses and amended wording for the charge of “soliciting donations in a public place without a permit”, saying the case was ready for plea. The defence said it had previously written to the prosecution to negotiate, but was informed on June 28 that the negotiations had not been accepted. It now needed time to explain the situation to the defendant and would write to the prosecution again to negotiate. Magistrate Juleus Chee Ho Lee granted the defendant a waiver from entering a plea today and adjourned the case to August 6.
28 Jun 2024法庭線#3744
Owen Chow accused of sending complaint letter through lawyer without authorisation; prima facie case established, closing submissions on July 2
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。鄒與一名女律師否認一項「將未經授權的物品攜離監獄」受審，案件周五（28 日）於西九龍裁判法院踏入第二日審訊。
主任裁判官徐綺薇裁定表證成立，被告須答辯。兩人不作供，亦不傳召證人，案件押後至下周二（7 月 2 日）結案陳詞。
Last May, Owen Chow, who was remanded in custody in the “47-person case”, was accused of sending a complaint letter to the Office of the Ombudsman through a lawyer, alleging that the Correctional Services Department had damaged two Buddhist books and refused to allow his relatives and friends to bring them into prison. Chow and a female lawyer denied one charge of taking unauthorised items out of prison. The case entered its second day of trial at the West Kowloon Magistrates’ Courts on Friday (28th). Chief Magistrate Frances Tse Kui-wai ruled that the prosecution had established a prima facie case and that the defendants had to present their defence. Neither defendant gave evidence or called witnesses. The case was adjourned until next Tuesday (July 2) for closing submissions.
28 Jun 2024法庭線#3745
First Anti-Terrorism Ordinance Case | Judge Says Prosecution Still Has at Least 3 Witnesses; Trial Expected to Continue Until Mid-August
《反恐條例》首案，不認罪 7 人周五（28 日）在高等法院踏入第 43 天審訊，再多一名證物警員完成作供。法官張慧玲對陪審團指，控方尚有至少 3 名證人，「分分鐘」下周三才完成舉證，審期「覺得去到 8 月中嘅機會都大…希望大家有心理準備」。
警長陳智培稱，他兩度使用軟件「Cellebrite」擷取被告賴振邦手機資料，由另一警長梁樂文從中「搵嘢」，再由陳匯出及整理、燒錄光碟。匯出後，資料會載入試算表，陳承認曾刪去與案無關的「欄目」，但「打橫嘅資料」，即載入手機資料的「列」沒有增減，「我用整理去形容啦」。另外，警長在辯方盤問下確認，處理本案證物時，未考取「Cellebrite」檢驗資歷，事隔一年，即 2021 年初才考獲相關證書。
In the first case under the Anti-Terrorism Ordinance, seven defendants who pleaded not guilty returned to the High Court on Friday (the 28th) for the 43rd day of trial. Another police officer who handled exhibits completed his testimony. Judge Cheung Wai-ling told the jury that the prosecution still had at least three witnesses and “could well” finish presenting its case only next Wednesday. She said there was a strong chance the trial would continue until mid-August, adding, “I hope everyone will be mentally prepared.”
Police Sergeant Chan Chi-pui said he used the “Cellebrite” software twice to extract data from defendant Lai Chun-pong’s phone. Another sergeant, Leung Lok-man, searched through the data, after which Chan exported, organised and burned it onto a CD. After being exported, the data was loaded into a spreadsheet. Chan admitted that he had deleted “columns” unrelated to the case, but said the data arranged horizontally—that is, the “rows” containing the phone data—had not been added to or deleted. “I’ll describe it as organising it,” he said. Under questioning by the defence, the sergeant also confirmed that he had not obtained “Cellebrite” examination qualifications when handling the exhibits in this case, and only obtained the relevant certificate a year later, in early 2021.
27 Jun 2024法庭線#3743
First Anti-Terrorism Case | Police Say Repeated Meetings with Tainted Witness Were “Chit-Chat,” Deny Threatening Defendants
《反恐條例》首案，不認罪的 7 人周四（27 日）在高等法院踏入第 42 天審訊。警長梁樂文分別曾拘捕及會見被告李家田和賴振邦。他在盤問下否認曾威嚇兩被告，包括毆打、施行「水刑」，及稱「你屋企咪有兩個細路嘅，如果佢哋俾人推出馬路都唔知咩事。」
辯方另關注，梁多次與從犯證人會面。梁表示只是閒話家常，稱從犯證人心情複雜，會面時會安慰對方。他否認警方與從犯證人達成協議，又指若知悉從犯證人黃振強投訴被捕時遭其毆打，不會繼續參與本案調查。
The first case under the Anti-Terrorism Ordinance entered its 42nd day of trial at the High Court on Thursday (27th), with the seven defendants pleading not guilty. Sergeant Leung Lok-man had separately arrested and interviewed defendants Lee Ka Tin, Christian and Lai Chun-pong. Under questioning, he denied threatening either defendant, including by assaulting them, subjecting them to “waterboarding,” or saying: “You have two young children at home. If they were pushed onto the road, you wouldn’t even know what had happened.”
The defence also focused on Leung’s repeated meetings with an accomplice witness. Leung said they had merely chatted, and that he had comforted the witness, who was in a complicated emotional state. He denied that police had reached an agreement with the accomplice witness, and said that if he had known that accomplice witness Victor Chun Keung Wong had complained of being assaulted by him during the arrest, he would not have continued participating in the investigation.
26 Jun 2024法庭線#3734
First terrorism case | Officer says photos of remote-control devices recovered from phone; defendant discussed making bomb devices on Telegram
《反恐條例》首案，不認罪的 7 人周三（26 日）在高等法院踏入第 41 天審訊。控方傳召負責擷取被告賴振邦及李家田電話資料的警員出庭，他供稱經警方破解及復原資料後，在涉案電話檢取賴振邦的照片、遙控裝置照片等，另確認 Telegram 用名「接完紙鶴未？」，曾與另一被告蔡凱明談及製作炸彈遙控裝置。控方早前提及，賴的 Telegram 名稱為「接完紙鶴未？」。
另外，控方播放手機中擷取的錄音訊息，包括「你依家點呀，聽你把聲好咗啲喎」，著警員辨認聲線屬誰。警員稱相信部分訊息由賴振邦發出，形容語音對話聲音與賴的聲線相似。惟法官休庭後，著陪審員忘記有關證供，並提醒他們不要自行翻查社交媒體內容。
The first case under the Anti-Terrorism Ordinance entered its 41st day at the High Court on Wednesday (26th), with seven defendants pleading not guilty. The prosecution called the police officer responsible for extracting data from the phones of defendants Lai Chun-pong and Lee Ka Tin, Christian. He testified that, after police decrypted and recovered the data, they recovered photos of Lai Chun-pong, photos of remote-control devices and other items from the phones involved. He also confirmed that the Telegram username “Have you finished folding the paper crane?” had discussed making a bomb remote-control device with another defendant, Choi Hoi-ming. The prosecution had earlier said that Lai’s Telegram name was “Have you finished folding the paper crane?”.
The prosecution also played extracted voice messages from the phone, including “How are you now? Your voice sounds a bit better,” and asked the officer to identify whose voice it was. The officer said he believed some of the messages had been sent by Lai Chun-pong, describing the voice in the conversation as similar to Lai’s voice. However, after the adjournment, the judge instructed the jurors to forget the relevant evidence and reminded them not to search social media content on their own.
26 Jun 2024法庭線#3735
PolyU clash | Police re-arrest five men more than four and a half years later; charge them with rioting and other offences, July 11 court appearance
2019 年 11 月理大衝突，警方事隔 4 年半重新拘捕 5 名男子，指經跟進調查及進一步索取法律意見後，落案起訴 5 人一項暴動罪，其中一人同時被控一項刑事毀壞罪，案件將於 7 月 11 日提堂。
In connection with the PolyU clash in November 2019, police re-arrested five men more than four and a half years later. Police said that following further investigation and additional legal advice, the five were each charged with one count of rioting. One of them was also charged with one count of criminal damage. The case will be brought before the court on July 11.
26 Jun 2024法庭線#3737
Admits disclosing lawmakers’ and police officers’ personal data on Telegram and Facebook; 25-year-old student gets two-year suspended sentence
一名 25 歲學生涉於 Telegram 及 Facebook 群組發布立法會議員、警員的個人資料，早前承認 4 項「未獲資料當事人同意下披露其個人資料」罪，周三（26 日）於西九龍裁判法院被判監禁 3 個月、緩刑 2 年。
裁判官溫紹明指，本案案情嚴重，監禁必然是合適選項之一，但案發時並非社運最激烈時候，引起的潛在風險較低。另考慮被告背景報告正面，曾患自閉症等，最後判處緩刑。
A 25-year-old student who posted the personal data of Legislative Council members and police officers in Telegram and Facebook groups earlier pleaded guilty to four counts of disclosing personal data without the consent of the data subjects. He was sentenced at West Kowloon Magistrates’ Courts on Wednesday (26th) to three months’ imprisonment, suspended for two years.
Magistrate Jason Siu Ming Wan said the facts of the case were serious and imprisonment was inevitably one of the appropriate options, but the offences were committed when the social movement was not at its most intense and the potential risks caused were lower. Taking into account the positive background report and the defendant’s history of autism, among other factors, the magistrate ultimately imposed a suspended sentence.
Translations are supplied by the source workbook. Consult the original reporting for context.
