5 Jun 2024法庭線#3651
11.18 Yau Ma Tei | Man jailed five years for rioting denied leave to appeal; judge dismisses bid same day
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。其中一案的 34 歲男子被判 5 年監禁，他不服定罪和刑罰申請上訴許可，周三（5 日）在高等法院處理。上訴庭法官彭偉昌聽畢陳詞，即日拒絕申請，將於 3 個月內頒下書面判詞。
申請人原審供稱，案發時為的士司機，接載客人時遇堵路，放下對方後，戴防毒面具往麥當勞買晚餐，途中被警員制服。他主要爭議原審不接納其供詞，彭偉昌質疑他遇堵路後，「最合理掉頭走啦」，惟他仍往餐廳。法官又指，他戴防毒面具，「你又唔怕人懷疑喎？」，認為原審拒絕接納其供詞，「咪就係覺得你講嘅嘢荒謬囉」。
On 18 November 2019, police cordoned off the Hong Kong Polytechnic University. A total of 213 people were charged with rioting in Yau Ma Tei in an operation described as “besiege Wei to rescue Zhao”, and the cases were divided for trial. In one of the cases, a 34-year-old man was sentenced to five years’ imprisonment. He applied for leave to appeal against his conviction and sentence, with the application heard at the High Court on Wednesday (the 5th). After hearing submissions, Court of Appeal judge Patrick Pang Wai-cheong dismissed the application on the same day and will deliver written reasons within three months.
The applicant testified at trial that he was a taxi driver. After encountering a roadblock while carrying a passenger, he dropped the passenger off and went to McDonald’s to buy dinner wearing a gas mask, but was subdued by police officers on the way. His main argument was that the trial court had failed to accept his testimony. Pang questioned why, after encountering a roadblock, he did not “turn around and leave, which would have been the most reasonable thing”, but instead continued to the restaurant. The judge also said that, by wearing a gas mask, “you weren’t afraid people would suspect you?”, and considered that the trial court’s refusal to accept his testimony “just meant it thought what you said was absurd”.
5 Jun 2024法庭線#3653
Terrorism first case | Eddie Pang Kwan-ho agrees he thought Ng Chi-hung was “crazy”; feared being killed if he withdrew and “dragging the whole family into it”
《反恐條例》首案，7 人不認罪，周三（5 日）在高等法院踏入第 28 天審訊。認罪被告、控方證人彭軍壕接受辯方盤問，提到其父任職警察，案發時即將退休。辯方問，計劃在滿佈人群的軒尼詩道引爆炸彈，「你覺唔覺得吳智鴻係癲㗎？」彭靜默數秒後，稱「覺」。
辯方指彭可將計劃告知父親，彭回應稱「既然係覺得佢係癲、個計劃係癲嘅，我點解返屋企累全家？」辯方另引述彭於 2020 年錄取的口供，稱一直想退出，但憂慮吳「會搵人殺我，同攪我屋企人」，質疑彭欲推卸責任，以減輕罪責；彭否認。
辯方另質疑，彭轉任證人前與警方有協議，指證其他被告，以換取檢控較輕控罪；彭均不同意。
In the first case under the Anti-terrorism Ordinance, seven defendants pleaded not guilty as the trial entered its 28th day at the High Court on Wednesday (the 5th). The defendant who pleaded guilty and prosecution witness Eddie Pang Kwan-ho was cross-examined by the defence. He said his father was a police officer who was due to retire at the time of the case. The defence asked whether, when planning to detonate a bomb on crowded Hennessy Road, he thought Ng Chi-hung was “crazy”. Pang remained silent for several seconds before saying that he did. The defence said Pang could have told his father about the plan. Pang responded: “Since I thought he was crazy and the plan was crazy, why would I go home and drag the whole family into it?” The defence also cited Pang’s 2020 statement, in which he said he had always wanted to withdraw but feared that Ng “would get people to kill me and go after my family”. The defence suggested that Pang wanted to shift the blame to reduce his criminal liability, which he denied. The defence further questioned whether Pang had reached an agreement with police before becoming a witness to testify against the other defendants in exchange for being prosecuted on lesser charges. Pang disagreed with all the suggestions.
4 Jun 2024法庭線#3634
First terrorism case | Eddie Pang Kwan-ho: Ng Chi-hung said bombs would be planted under cover of “Dragon Slaying Brigade”; gunman to fire as signal before bombs were detonated
《反恐條例》首案，7 人不認罪，周二（4 日）在高等法院踏入第 27 天審訊。認罪被告、控方證人彭軍壕繼續作供，提到與同謀者吳智鴻、被告賴振邦，曾測試遙控引爆裝置，又按吳指示，將手槍轉交他人，期間吳透露行動時，將用殺傷力較強的空尖彈。
彭又指，於行動前一日與吳及賴組裝炸彈，期間吳談及行動細節，指他自己會在「屠龍」掩護下放置炸彈，並由「屠龍」等小隊作破壞，引警員到場，屆時由槍手開第一槍為訊號，吳引爆細炸彈。待警員後退時吳再引爆大炸彈，其他人便可「執槍」。行動最終隨吳、「屠龍」等人被捕而腰斬，彭稱賴振邦一度希望繼續實行計劃，但隨警方事後檢獲炸彈而告吹。
In the first case under the Anti-terrorism Law, seven people have pleaded not guilty. The trial entered its 27th day at the High Court on Tuesday (the 4th). The defendant who pleaded guilty and prosecution witness Eddie Pang Kwan-ho continued giving evidence, saying that he had tested remote detonation devices with accomplice Ng Chi-hung and defendant Lai Chun-pong. He also handed a pistol to another person at Ng’s instruction, during which Ng disclosed that hollow-point bullets, which had greater stopping power, would be used during the operation.
Pang also said that he assembled bombs with Ng and Lai on the day before the operation. Ng discussed details of the operation, saying that he would plant bombs under the cover of “Dragon Slaying Brigade”, while squads including “Dragon Slaying Brigade” would carry out acts of sabotage to draw police to the scene. The gunman would then fire the first shot as a signal, after which Ng would detonate a small bomb. When the police retreated, Ng would detonate a larger bomb, allowing the others to “pick up the guns”. The operation was ultimately aborted when Ng, “Dragon Slaying Brigade” and others were arrested. Pang said Lai Chun-pong had at one point hoped to continue carrying out the plan, but it fell through after police subsequently recovered the bombs.
3 Jun 2024法庭線#3628
First national security case | Eddie Pang Kwan-ho: Funded by backer to undergo military training in Taiwan; originally planned to use live firearms and bombs against police, but suspected police surveillance brought plan to a halt
《反恐條例》首案，7 人不認罪，周一（3 日）在高等法院踏入第 26 天審訊。認罪被告彭軍壕以控方證人身分作供，供稱 2014 年社運時認識同謀者吳智鴻，對方在 7.21 元朗事件後，邀請他加入新組織，聲稱要「吹大雞」、「入元朗搵班鄉黑覆桌」。
彭供稱，曾參選區議員的「大嚿」劉偉德為幕後統籌及金主，組織先後策劃以真槍及炸彈對付警察、由高處向警方擲鏹水彈，最終疑被警方監視而刹停。吳又指，「大嚿」曾資助成員到台灣接受軍訓，最終彭與同案被告許湛榮、賴振邦及張銘裕等人都有參與軍訓，練習開槍，製作汽油彈和鋁熱彈等。
In the first case under the Anti-Terrorism Ordinance, seven defendants have pleaded not guilty. The trial entered its 26th day at the High Court on Monday (the 3rd). Defendant Eddie Pang Kwan-ho, who pleaded guilty, testified as a prosecution witness, saying he met co-conspirator Ng Chi-hung during the 2014 social movement. After the 7.21 Yuen Long incident, Ng Chi-hung invited him to join a new organisation, saying it would “rally a bigger force” and “go into Yuen Long to find those rural triad figures and overturn the tables”.
Peng said Walter Joseph Liu, who had stood for election as a district councillor, was the organisation’s behind-the-scenes coordinator and financier. The organisation successively planned to use live firearms and bombs against police, and to throw corrosive liquid bombs at police from elevated locations, but the plans were ultimately suspected to have been halted after coming under police surveillance. Wu also said Walter Joseph Liu had funded members to undergo military training in Taiwan. Peng, together with co-defendants Hui Cham-wing, Lai Chun-pong and Cheung Ming-yu, among others, took part in the training, practising shooting and making petrol bombs and thermite bombs.
3 Jun 2024法庭線#3629
11.12 Tate’s Cairn Tunnel | Female student pleads guilty to rioting, jailed for 17 months; judge says completing degree was commendable
2019 年 11 月，有網民發起「破曉行動」，多區爆發警民衝突。3 名恒大女學生涉於大學毗鄰的大老山隧道參與暴動，案發時 19 歲的恒大生開審前認罪，另兩人經審訊後獲裁無罪。暫委法官彭亮廷周一（3 日）於西九龍裁判法院（暫代區域法院）判認罪女生監禁 17 個月。
法官指，被告整個大學生涯均在案件的籠罩下度過，對於她最終能努力完成學位，官讚揚她有此能耐及毅力，形容難能可貴。法官信納被告態度誠懇，深感後悔，並非因證據強，在沒有選擇的情況下才認罪，而似乎是因真誠悔意而認罪，遂酌情扣減部分刑期。
In November 2019, netizens launched the “Dawn Action”, and clashes between police and the public broke out in multiple districts. Three female students from Hang Seng University were accused of taking part in a riot at Tate’s Cairn Tunnel adjacent to the university. The Hang Seng University student, who was 19 at the time of the incident, pleaded guilty before trial, while the other two were acquitted after trial. Acting Judge Poon Leung-ting sentenced the student who pleaded guilty to 17 months’ imprisonment at the West Kowloon Magistrates’ Courts, sitting as the District Court, on Monday (the 3rd).
31 May 2024法庭線#3607
First Anti-Terrorism Case | Prosecution calls Eddie Pang Kwan-ho to testify; trial adjourned to let Pang read “letter of immunity from prosecution”
《反恐條例》首案，7 人不認罪，周五（31 日）在高等法院踏入第 25 天審訊。自稱「屠龍小隊」隊長黃振強早前已完成作供，控方續傳召另一名認罪被告、彭軍壕出庭作供。但彭於庭上表示沒有收到「免予起訴書」，經商討後，法官張慧玲把案件押後至下周一（3 日）續審，讓彭的代表律師向彭解釋文件。
In the first case under the Anti-Terrorism Ordinance, seven defendants pleaded not guilty. The trial entered its 25th day at the High Court on Friday (31st). Victor Chun Keung Wong, the self-styled leader of the “Dragon Slaying Brigade Squad”, had earlier completed giving evidence. The prosecution continued by calling another defendant who had pleaded guilty, Eddie Pang Kwan-ho, to testify. Pang told the court that he had not received the “letter of immunity from prosecution”. After discussions, Judge Cheung Wai-ling adjourned the case until next Monday (3rd) to allow Pang’s legal representative to explain the document to him.
31 May 2024明報#3609
Five League of Social Democrats members arrested for petitioning outside court; gradually granted bail
昨日（30日）民主派初選案於西九龍法院大樓裁決，社民連成員5名成員昨早打算於法院門外請願，其後與警員爭拗及被帶走，涉嫌「在公眾地方行為不檢」被捕。社民連今晚（31日）表示，5位成員被指「在公眾地方作出擾亂秩序的行為」，經過約34小時扣查後，目前已陸續獲得保釋，每人需交2000元保釋金，並需在6月下旬向警方報到。
The pan-democrat primary election case was adjudicated at the West Kowloon Court building yesterday (30th). Five League of Social Democrats members had planned to petition outside the court that morning, but were later taken away after arguing with police officers and arrested on suspicion of disorderly conduct in a public place. The League of Social Democrats said tonight (31st) that the five members had been accused of “disorderly conduct in a public place”. After being detained for about 34 hours, they have now been granted bail one after another. Each must pay HK$2,000 bail and report to police in late June.
30 May 2024法庭線#3593
20-year-old woman jailed 34 months for arson and another offence; appeal allowed, ordered released immediately
6 名男女被指 2020 年 2 月，在油麻地掟汽油彈，及酒店藏汽油彈等。案中唯一不認罪的女被告，經審訊後被裁定縱火等兩罪罪成，判囚 34 月。她自 2022 年 10 月起服刑，其後不服定罪提上訴，於 2024 年 3 月上訴得直，獲撤銷定罪及判刑，但須繼續還押，以決定需否發還重審。上訴庭周四（30 日）裁定案件毋須重審，並批准她即時獲釋。
上訴庭認為，若然純粹基於原審法官的錯誤，導致被告無法獲公平裁決，甚至面對重審，她所獲的認罪刑期扣減將會比原審少。上訴庭又指，重審後的刑期一般不會超過原審幅度，考慮到被告最快可於下月中旬獲釋，故下令重審已再無實際意義。
Six men and women were accused of throwing petrol bombs in Yau Ma Tei and hiding petrol bombs in a hotel in February 2020. The only female defendant who pleaded not guilty was convicted after trial of two offences, including arson, and sentenced to 34 months in prison. She had been serving her sentence since October 2022 and later appealed against her conviction. Her appeal was allowed in March 2024, and her conviction and sentence were quashed, but she remained in custody pending a decision on whether she should be retried. On Thursday (the 30th), the Court of Appeal ruled that no retrial was necessary and approved her immediate release.
The Court of Appeal said that if, solely because of an error by the trial judge, a defendant was unable to receive a fair adjudication and even faced a retrial, the sentence reduction for pleading guilty that she received would be less than at the original trial. The court also said that a sentence after a retrial would generally not exceed the range imposed at the original trial. As the defendant could be released as early as the middle of next month, it ordered that a retrial would no longer serve any practical purpose.
30 May 2024法庭線#3603
47-person case | Chan Po-ying and four others arrested over ‘disorderly conduct in a public place’; unable to meet husband Leung Kwok-hung in court
47 人案的 16 名不認罪被告周四（30 日）裁決，當中 14 人罪成，2 人無罪。警方另於西九法院拘捕 4 男 1 女，指涉嫌「在公眾地方行為不檢」，正被扣留調查。據了解，5 人為社民連的陳寶瑩、曾健成、黃浩銘、余煒彬及周嘉發，意味其中一名不認罪被告梁國雄，是日無緣於庭上見到妻子陳寶瑩。
The 16 defendants in the 47-person case who pleaded not guilty received their verdicts on Thursday (30th): 14 were convicted and two were acquitted. Police also arrested four men and one woman at West Kowloon Court on suspicion of “disorderly conduct in a public place”; they were being detained for investigation. The five were understood to be League of Social Democrats members Chan Po-ying, Tsang Kin-shing, Wong Ho-ming, Yu Wai-pan and Dickson Chau, meaning that Leung Kwok-hung, one of the defendants who pleaded not guilty, was unable to see his wife Chan Po-ying in court that day.
29 May 2024法庭線#3588
First Terrorism Case｜Victor Chun Keung Wong Completes 15 Days of Testimony; Defence Questions Whether He Knew Testifying Could Reduce His Sentence, Hence “Didn’t Mind Not Telling the Truth”
《反恐條例》首案，7 人不認罪，周三（29 日）在高等法院踏入第 23 天審訊。認罪被告、自稱「屠龍小隊」隊長黃振強完成歷時共 15 日作供。3 名辯方補充盤問，均針對黃的口供可信性。其中代表嚴文謙的大狀梁鴻谷質疑，黃作供前「有兩個保障」，知道有罪行獲豁免不告，而承認的罪行亦可因作供而減刑，故黃庭上「唔介意唔講真話」。黃否認。
另對於辯方貿疑，黃「有重要嘢」就不出現，例如試槍時不想碰軍火，就自稱在中大示威中受傷。控方則展示在中大示威期間，黃曾於群組發出數張傷勢相，稱「我喺前線，好正」，當中一張見前臂有圓形大紅印。
In the first case under the Terrorism Ordinance, seven defendants pleaded not guilty. The trial at the High Court entered its 23rd day on Wednesday (the 29th). The defendant who pleaded guilty, and self-described captain of the “Dragon Slaying Brigade squad”, Victor Chun Keung Wong, completed a total of 15 days of testimony. Three defence teams conducted supplementary cross-examinations, all targeting Wong’s credibility. Leung Hung-kuk, counsel for Yim Man-Him, questioned whether Wong had “two safeguards” before giving evidence: he knew that immunity from prosecution could be granted for offences, and that the sentences for offences he admitted could also be reduced because of his testimony. Leung therefore suggested that Wong “didn’t mind not telling the truth” in court. Wong denied this.
Translations are supplied by the source workbook. Consult the original reporting for context.
