16 Apr 2024法庭線#3361
12 Hong Kong fugitives | Tang Kai-yin jailed for 46 months over petrol bombs and perverting the course of justice; judge says he played leading role
2020 年 8 月，12 名港人涉嫌潛逃到台灣，被廣東海警截獲拘留，當中 10 人在內地被控組織他人偷越邊境罪等，判囚 7 個月至 3 年。當中刑罰最重、被判囚 3 年的鄧棨然，2023 年 8 月於內地刑滿出獄、移交港警。鄧涉管有汽油彈及妨礙司法公正兩案，早前在區院先後承認「管有物品意圖摧毀或損壞財產罪」及「妨礙司法公正罪」，周二（16 日）被判囚 46 個月。
法官練錦鴻判刑時指，鄧棨然在汽油彈及妨礙司法公正兩案均擔當主導角色，刑責較重，又斥鄧僅接受 6 至 8 小時理論及實習便貿然出海，令自己及其他人的生命犯險，更為公海上其他船隻帶來危險，而鄧在內地被判刑是「自作自受」，不會因而減刑。
In August 2020, 12 Hong Kong people suspected of fleeing to Taiwan were intercepted and detained by the Guangdong maritime police. Ten of them were prosecuted on the Mainland for offences including organising others to illegally cross the border, and were sentenced to between seven months and three years in prison. Tang Kai-yin, who received the heaviest sentence of three years, was released after completing his sentence on the Mainland in August 2023 and handed over to Hong Kong police. Tang faced two cases involving possession of petrol bombs and perverting the course of justice. He earlier pleaded guilty in the District Court to possession of an article with intent to destroy or damage property and perverting the course of justice, and was sentenced to 46 months in prison on Tuesday (the 16th).
15 Apr 2024法庭線#3355
Apple Daily Limited Faces Winding-Up Petition by Two Creditors; Hearing on 3 July 2024
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。壹傳媒有限公司則於 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」，上周五（12 日）被兩名債權人在高院提出呈請，要求頒令清盤。司法機構網頁顯示，案件排期於 7 月 3 日聆訊。
Next Digital founder Jimmy Lai and three companies related to Apple Daily have been charged with offences including “conspiracy to collude with foreign powers”; the case is currently being heard. Next Digital Limited was formally ordered to be wound up by the High Court in December 2021. Its subsidiary, Apple Daily Limited, was petitioned for winding-up at the High Court by two creditors last Friday (the 12th). The Judiciary’s website shows that the case is scheduled to be heard on 3 July.
15 Apr 2024法庭線#3356
PhD Student’s Admiralty Tear-Gas Compensation Claim Rejected; Judge Says Large-Scale Police Investigation Would Be “Disproportionate and Unfair”
一名科大博士生 2019 年入稟小額錢債審裁處，指警方於金鐘 612 集會時，無警告下發射催淚彈，對他構成襲擊，要求警方賠償 7.5 萬元。律政司早前代表警方，以「瑣碎無聊或無理纏繞」為由，要求審裁處剔除申索但遭拒。律政司不服審裁處的決定，上訴至高等法院。
高院法官潘兆童周一（15 日）頒下判詞，判律政司上訴得直，下令駁回申索，律政司另獲上訴訟費。
判詞指出，申索人本身同意警方發射的部分催淚彈是合法射出，變相警方需要進行極大範圍的調查，解釋每一名警員發射每一枚催淚彈的因由，「幾近大海撈針」。法官認為要求警方基於申索人不明確的申索，進行如此規模的調查，「是不成比例和不公平的」，亦會對警方造成壓迫。
A Hong Kong University of Science and Technology PhD student filed a claim with the Small Claims Tribunal in 2019, alleging that police fired tear gas without warning during the 12 June assembly in Admiralty, constituting an assault against him, and seeking HK$75,000 in compensation. The Department of Justice, representing the police, earlier asked the tribunal to strike out the claim on the grounds that it was “frivolous, vexatious or an abuse of process”, but the request was refused. The Department of Justice appealed the tribunal’s decision to the High Court.
High Court judge Tony Siu Tung Poon handed down a judgment on Monday (15th), allowing the Department of Justice’s appeal and ordering that the claim be dismissed. The Department of Justice was also awarded the costs of the appeal.
The judgment said the claimant himself agreed that some of the tear-gas rounds fired by police had been lawfully discharged. This effectively meant that the police would have to conduct an extremely wide-ranging investigation to explain the reasons why every officer had fired every tear-gas round, which was “almost like looking for a needle in a haystack”. The judge considered that requiring the police, based on the claimant’s unclear claim, to conduct an investigation on such a scale was “disproportionate and unfair” and would also impose an oppressive burden on the police.
11 Apr 2024法庭線#3336
Government Secondary School Teacher Dismissed over Alleged Inappropriate Remarks during Anti-Extradition Bill Movement Seeks Judicial Review, Says Punishment Disproportionate
一名官校女教師被指 2019 年反修例運動期間，在 Facebook 發表不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她早前入稟高院提請司法覆核，指當局革職決定涉程序失當，不恰當干預其言論及表達自由，周四（11 日）開庭處理。
申請方陳詞時稱，申請人當時僅在其個人 Facebook 帳戶發表私人意見，且帖文只供「朋友」閱讀，認為其言論及表達自由應受保障，否則或造成寒蟬效應。另申請方引述涉案帖文，指僅為洩憤、表達情緒等，指革職決定屬不合比例。
公務員事務局一方引述《公務員守則》等文件，重申公務員核心價值和原則，須抱持政治中立，故指即使在社交媒體上發表私人意見，都不可違反原則。另指申請人有 380 多名 Facebook 朋友，帖文內容已足以傳播，且其帖文有廣泛傳播，故其學生可能看過帖文。官聽畢雙方陳詞，指不早於 4 月 26 日或之前裁決。
A female government secondary school teacher was accused of posting inappropriate remarks on Facebook during the 2019 anti-extradition bill movement. Following a disciplinary hearing, she was found to have behaved improperly and was dismissed by the Civil Service Bureau. She earlier filed for judicial review in the High Court, arguing that the dismissal decision involved procedural impropriety and improperly interfered with her freedom of speech and expression. The case was heard on Thursday (the 11th).<br><br>In submissions, the applicant’s side said that the applicant had merely posted private opinions on her personal Facebook account, and that the posts were available only to “friends”. It argued that her freedom of speech and expression should be protected, otherwise the decision could have a chilling effect. The applicant’s side also referred to the posts in question, saying they were only intended to vent frustration and express emotions, and argued that the dismissal decision was disproportionate.<br><br>The Civil Service Bureau cited documents including the Civil Service Code, reiterating that civil servants must uphold core values and principles and maintain political neutrality. It therefore argued that even private opinions expressed on social media must not violate those principles. It also said that the applicant had more than 380 Facebook friends, meaning the content of the posts was capable of being disseminated, and that the posts had been widely circulated, so her students might have seen them. After hearing submissions from both sides, the judge said a decision would be handed down no earlier than 26 April.
10 Apr 2024法庭線#3330
First non-white-shirted man convicted over 7.21 attack jailed for 33 months; judge says anger clouded his judgment and he used illegal means to right a wrong
2019 年元朗 721 襲擊事件，首名「非白衣人」、42 歲男子被裁定暴動罪名成立，周三（10 日）在區域法院被判囚 33 個月。案情指，他涉及在英龍圍與村民對抗、向白衣人擲物。
區院法官李慶年指，不論暴力程度、使用武器程度及預謀程度，白衣人一方均比非白衣人一方嚴重，「當然，非白衣人一方以武力還擊、以暴易暴，也要付出代價」。官又指，被告眼見白衣人向車廂市民襲擊，「被憤怒衝昏頭腦而影響判斷…以違法方式抱打不平，糟蹋了大好前途，也失去了自由，令人十分惋惜」。
控方的案件時序表披露，警方於事發約半年後，就「黑衣人」一方曾鎖定 22 名嫌疑人，而從片中辯認出被告的 17 個月後，律政司才就本案向警方提供法律意見。
A 42-year-old man, the first non-white-shirted person convicted in the 2019 Yuen Long 7.21 attack, was found guilty of rioting and sentenced to 33 months in prison at the District Court on Wednesday (the 10th). The case concerned his confrontation with villagers at Ying Lung Wai and his throwing objects at white-shirted men.
District Court judge Clement Lee said that, in terms of the degree of violence, the extent to which weapons were used and the level of premeditation, the white-shirted side was more serious than the non-white-shirted side. “Of course, the non-white-shirted side must also pay a price for responding with force and repaying violence with violence.” The judge also said that, after seeing white-shirted men attack people in a train carriage, the defendant had “allowed anger to cloud his judgment ... and sought to right a wrong through illegal means”, squandering his bright future and losing his freedom, which was deeply regrettable.
The prosecution’s case chronology disclosed that about six months after the incident, police had identified 22 suspects from the “black-clad” side. The Department of Justice did not provide legal advice to police in this case until 17 months after the defendant had been identified from video footage.
8 Apr 2024法庭線#3322
11.12 Tate’s Cairn Tunnel | Two women acquitted of rioting as judge rejects police testimony as “extraordinarily implausible”
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，3 人事隔兩年半被控一項暴動罪，一人認罪，還押至 5 月 6 日求情、6 月 3 日判刑。另二人不認罪受審，周一（8 日）於西九龍裁判法院（暫代區域法院）被裁定罪名不成立。
暫委法官彭亮廷拒納警員證供，指「充斥很多問題」，包括在 2019 年的口供指認出兩名女子，事隔 1 年 8 個月後，第二份口供則指有 3 名女子位於黑衣人群隊尾，又形容警員供詞「巧合到非常匪夷所思的地步」。官稱，兩被告雖然「相當可疑」，但因控方未能舉證至毫無合理疑點，缺乏「具份量」的環境證據，單憑打扮、衣著，難以作出唯一推論，認為兩人參與暴動。
In November 2019, online users launched the “Dawn Operation”, and clashes between police and members of the public broke out in multiple districts. Three female students from Hang Seng University were accused of taking part in a riot at the Tate’s Cairn Tunnel adjacent to the university. The three were charged with one count of rioting two and a half years later. One pleaded guilty and was remanded until 6 May for mitigation and 3 June for sentencing. The other two pleaded not guilty and stood trial, and were found not guilty on Monday (8th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the District Court.
Acting Judge Pang Leung-ting rejected the police officer’s testimony, saying it was “riddled with problems”. These included the officer’s 2019 statement identifying two women, while a second statement made one year and eight months later said that three women were at the back of a group of people dressed in black. The judge also described the officer’s evidence as “coincidental to an extremely incredible degree”. He said that although the two defendants were “quite suspicious”, the prosecution had failed to prove its case beyond reasonable doubt. In the absence of “weighty” circumstantial evidence, their appearance and clothing alone could not support the sole inference that they had participated in the riot.
5 Apr 2024法庭線#3308
First non-white-clad person convicted in 7.21 case; involved in Ying Lung Wai confrontation
2019 年元朗 721 襲擊事件，前立法會議員林卓廷等「非白衣人」事後被捕，他們否認參與暴動，案件正在審理。另案一名「非白衣人」、42 歲男子亦否認暴動罪，周五（5 日）在區院被裁定罪名成立。案情指，被告涉英龍圍對抗。
法官李慶年指，即使白衣人曾在地鐵站車廂內暴力對待市民，黑衣人一方也不應主動在元朗站內非法集結，連群結隊走到英龍圍，與村民對峙和對抗，「黑衣人一方以暴力還擊，有道理也變成沒有道理，甚至出現歪理，造成以暴易暴，違理違法。」
官又指「被告身邊的人是在可以離開的情況下自願逗留」，續指「被告人稱要保衛留守在元朗站内的『市民』，明顯並非出於自衛或保護他人。再次印證被告人為黑衣人陣營的一分子，齊上齊落。」案件押後至下周三（10 日）判刑，被告須還押。
In the 2019 Yuen Long 7.21 attack case, former Legislative Council member Lam Cheuk-ting and other “non-white-clad” people were arrested afterwards. They denied participating in a riot, and the case is being heard. In a separate case, a 42-year-old “non-white-clad” man also denied a riot charge and was convicted at the District Court on Friday (the 5th). The case concerned a confrontation at Ying Lung Wai.
Judge Clement Lee said that even if the white-clad people had violently treated members of the public inside train carriages at the MTR station, the black-clad side should not have proactively gathered unlawfully at Yuen Long Station, gone in groups to Ying Lung Wai, and confronted and opposed the villagers. “When the black-clad side retaliated with violence, something that had reason became unreasonable; it even gave rise to fallacies, resulting in violence being met with violence, contrary to reason and unlawful.”
The judge also said, “The people around the defendant voluntarily stayed despite being in a position to leave,” adding that “the defendant’s claim that he was protecting the ‘members of the public’ who remained at Yuen Long Station was clearly not out of self-defence or to protect others. This again confirmed that the defendant was a member of the black-clad camp, standing together through thick and thin.” The case was adjourned until next Wednesday (the 10th) for sentencing, and the defendant was remanded in custody.
5 Apr 2024法庭線#3313
HKJA Files Judicial Review Challenging Transport Department’s Tightened Rules on Journalists’ Vehicle Registration Mark Searches
香港記者協會（記協）周五（5日）入禀高等法院提司法覆核，挑戰運輸署署長今年 1 月就車牌查冊實施的新安排。
入禀狀指，運輸署安排與言論自由及新聞自由原則不一致，不合理地要求記者就其調查提交鉅細無遺詳情，例如相關申請符合哪些公眾利益、為何記者手上資料不足以進行報道等；又指自新措施實施逾 3 個月，署方處理為新聞採訪目的而查冊的申請，不合理地漫長及緩慢，至今未有任何記者成功查冊，要求法庭裁定運輸署現行政策違憲。
運輸署今年初就車牌查冊實施新安排，規定只有為指明用途如買賣車輛、保險等，才可查車牌，新聞工作則要透過「例外情況」提書面申請，在運輸署長信納有關申請關乎重大公眾利益，才可獲批證明書。
The Hong Kong Journalists Association (HKJA) filed for judicial review in the High Court on Friday (the 5th), challenging new arrangements introduced by the Commissioner for Transport in January for searches of vehicle registration mark records.
The application alleges that the arrangements are inconsistent with the principles of freedom of expression and press freedom, and unreasonably require journalists to provide exhaustive details of their investigations, including which public-interest criteria the application meets and why the information already held by the journalist is insufficient for reporting. It also alleges that, more than three months after the new measures took effect, the department has handled applications for searches for news-gathering purposes in an unreasonably lengthy and slow manner, and that no journalist has yet successfully conducted a search. The HKJA is asking the court to rule that the Transport Department’s current policy is unconstitutional.
The Transport Department introduced new arrangements for vehicle registration mark searches early this year. Searches are permitted only for specified purposes, such as vehicle sales and purchases or insurance. For journalistic work, applicants must submit a written application under “exceptional circumstances”, and a certificate may be approved only if the Commissioner for Transport is satisfied that the application concerns a matter of substantial public interest.
3 Apr 2024獨媒#3303
Court of Final Appeal criticises Andrew Hing Wai Chan for applying civil appeal standard in criminal case, causing manifest and serious injustice
一宗涉及648.7元的店舖盜竊罪，在上訴至終審法院後，5名法官一致裁定上訴得直，並點名原訟庭法官陳慶偉偏離「重審」的一貫標準，在上訴聆訊錯誤採用民事上訴標準，沒有考慮控罪是否在毫無合理疑點下獲證明，未有妥當進行重審職責，導致案件出現明顯和嚴重不公。
In a shop theft case involving HK$648.7, a five-judge panel of the Court of Final Appeal unanimously allowed the appeal. It named Court of First Instance judge Andrew Hing Wai Chan, saying the judge had departed from the established standard for a rehearing by wrongly applying the civil appeal standard at the appeal hearing, without considering whether the charge had been proved beyond reasonable doubt, and had failed to properly discharge the duty of rehearing, resulting in manifest and serious injustice.
2 Apr 2024法庭線#3298
May 13 Sha Tin | Student convicted of inciting criminal damage to Heytea wins sentence appeal and receives two-year suspended sentence
2020 年 5 月 13 日，有人在沙田新城市廣場發起「和你 Sing 」，7 名青年涉破壞內地連鎖飲品店「喜茶」分店被起訴，案發時 18 歲男學生經審訊後，被裁定煽惑他人刑事損壞罪成，判入教導所。他不服定罪及刑期上訴，周四（2 日）在高院再訊。
上訴方引報告稱，上訴人不宜判入教導所，並指他已於教導所囚禁 100 多日，「懲罰因素一定存在」，望法庭考慮判處緩刑。
法官張慧玲認為判處緩刑可行，且不屬過輕，另上訴人期間不能犯案 ，「有一把刀喺頭上」，終下令改判監禁 4 個半月、緩刑 24 個月，而定罪上訴駁回，稍後頒理由。上訴人即哽咽稱「明白閣下」，官亦著要繼續學業，上訴人續哽咽回應「感謝閣下」。
On May 13, 2020, a “Sing With You” gathering was held at Sha Tin New Town Plaza. Seven young people were charged in connection with damaging a branch of the mainland beverage chain Heytea. An 18-year-old male student who was tried in the case was convicted of inciting others to commit criminal damage and sentenced to a detention centre. He appealed against both his conviction and sentence, and the case was heard again in the High Court on Thursday (2nd).
The appeal cited a report stating that the appellant was unsuitable for a detention-centre sentence. It also said he had already spent more than 100 days in the detention centre, meaning that “the punitive element definitely exists”, and asked the court to consider imposing a suspended sentence.
Judge Cheung Wai-ling considered a suspended sentence feasible and not unduly lenient. She also noted that the appellant could not commit another offence during the period, with “a knife over his head”. She ultimately ordered that the sentence be changed to four and a half months’ imprisonment, suspended for 24 months. The appeal against conviction was dismissed, with reasons to be handed down later. The appellant immediately choked up and said, “I understand, Your Ladyship.” The judge also told him to continue his studies, and he again choked up and replied, “Thank you, Your Ladyship.”
Translations are supplied by the source workbook. Consult the original reporting for context.
