19 Mar 2024獨媒#3207
‘Captain America’ jailed for 10 days after admitting obstruction of police over holding white flowers outside Sogo last National Day
綽號「美國隊長」的容偉業，涉去年國慶日在銅鑼灣崇光百貨外拒絕出示身分證，今（14日）於東區裁判法院承認一項「阻撓在正當執行職務的警務人員」罪，被主任裁判官徐綺薇判囚10天。案情指，容當天身穿印有「香港加油」字樣的黑色T裇，在崇光外舉起花束，警員上前截查，容大聲以粗言穢語責罵警員，吸引途人聚集。警員指其行為可能構成煽動，並5度要求出示身分證，容均拒絕，並指他是獻花給數年前在崇光外死亡的男子，「獻吓花叫煽動呀？」，最終被警員按地制服。
Yung Wai-yip, nicknamed “Captain America”, pleaded guilty today (14th) at Eastern Magistrates’ Courts to one count of obstructing a police officer in the due execution of his duty after allegedly refusing to show his identity card outside Sogo in Causeway Bay on National Day last year. Chief Magistrate Tsui Yee-wai sentenced him to 10 days in prison. The court heard that Yung was wearing a black T-shirt bearing the words “Hong Kong, stay strong” and holding a bouquet outside Sogo that day. When officers approached him for a stop-and-search, Yung loudly cursed and berated them, attracting passers-by. The officers said his conduct might constitute incitement and asked him five times to show his identity card, but Yung refused each time. He said he was offering flowers to a man who had died outside Sogo several years earlier, asking, “Is offering flowers incitement?” He was eventually pinned to the ground and subdued by police.
19 Mar 2024法庭線#3212
12 Hong Kong people case | Concurrent execution of sentences in two cases impossible; Cheng Tsz-ho and Liu Tsz-man win appeal and are released immediately
「12 港人」案被告鄭子豪、廖子文，2022 年先後就潛逃及灣仔倉庫爆炸品案認罪，區院法官游德康下令兩案部分刑期同期執行，共判囚 31 個月。懲教其後通知法院，由於兩人已服畢潛逃案的刑期，無法同期執行，令實際刑期較原審判刑多出半年。
兩人獲准保釋等候刑期上訴。上訴庭周二（19 日）裁定他們得直，撤銷原定刑期，並改判可即時釋放兩人的刑期，將在 6 個月內補充理由。兩人散庭時面露笑容，向旁聽席揮手，懲教一度稱須回院所處理手續，兩人擾攘逾一小時獲放行，離開法院。
律政司指，原審判刑在實際情況下無法執行，「根本無咩唔公平，令到上訴庭需要糾正」，又指即使需重新服刑，亦不會造成額外不公。上訴方則強調，法庭需考慮實際刑期能否達至原審原意，又指鄭、廖已有工作、望繼續進修，盼獲「重新做人、重新站起來嘅機會」。
Defendants in the “12 Hong Kong people” case, Cheng Tsz-ho and Liu Tsz-man, pleaded guilty in 2022 to charges relating to absconding and the Wan Chai warehouse explosives case, respectively. District Court judge Douglas Tak Hong Yau ordered part of the sentences in the two cases to run concurrently, resulting in a total sentence of 31 months. The Correctional Services Department subsequently told the court that, as the pair had already completed their sentences for the absconding case, the sentences could not run concurrently, making their actual terms six months longer than those imposed at trial.
The two were granted bail pending their sentence appeal. The Court of Appeal on Tuesday (19th) allowed the appeal, quashed the original sentences and substituted sentences that enabled both to be released immediately. It will provide supplementary reasons within six months. The two smiled and waved to the public gallery after the hearing. Correctional Services initially said they had to return to the institution to complete procedures; after more than an hour of discussions, they were allowed to leave the court.
The Department of Justice said the original sentences could not be implemented in the circumstances and that there was essentially nothing unfair requiring correction by the Court of Appeal. It also said that even if the pair had to serve their sentences again, this would not cause additional unfairness. The appellants stressed that the court had to consider whether the actual periods of imprisonment could achieve the original intention of the trial court. They also said that Cheng and Liu had jobs and hoped to continue their studies, and sought “a chance to start again and stand back up.”
18 Mar 2024獨媒#3198
【Yuen Long 7.21】Prosecution says “blow the whistle” means calling people together and could be used to summon villagers to congratulate a new father; judge says it is “triad jargon”
2019年7.21元朗事件中，前立法會議員林卓廷與6男被控暴動罪，今（18日）踏入第31天審訊，林卓廷早前傳召時任元朗區區議員黃偉賢作供，他今接受控方盤問。黃早前稱，理解鄉事說「吹雞」指「曬馬」。控方問：「『吹雞』意思可能係召集其他人，唔一定係『曬馬』？」法官陳廣池認為證人無法回答。控方再問：「如果鄉事委員會主席添丁，係咪可以『吹雞』叫村民嚟恭賀？」陳官認為概念有錯，故不批准問題：「大家知道，亦都相信『吹雞』有少少黑社會術語，有特殊意思。」陳官強調：「我唔係話畀緊專家證人口供，大家知道吹雞有特殊意思。如果將呢兩個概念⋯⋯話食盆菜都『吹雞』，恕我直言，有少少貽笑大方。」控方回應：「真係唔好意思，我成日都叫朋友『吹雞』食飯。」陳官表示：「電影又好，故事又好，將不是普通人嘅術語，變化咗所謂香港或者廣東人常用嘅（用語），將『Mark哥』講啲嘢都變咗日常用語。」（「Mark哥」為電影《英雄本色》中，周潤發所飾演的角色。）
In the 21 July 2019 Yuen Long incident, former Legislative Council member Lam Cheuk-ting and six men are charged with rioting. The trial entered its 31st day today (the 18th). Lam earlier called then Yuen Long District Council member Zachary Wai Yin Wong to testify, and the witness was cross-examined by the prosecution today. Wong previously said that, in village affairs, he understood “blow the whistle” to mean “showing force”. The prosecution asked: “Could ‘blow the whistle’ mean calling other people together, and not necessarily ‘showing force’?” Judge Chan Kwong-chi considered that the witness was unable to answer. The prosecution then asked: “If the chairman of a rural committee had a new baby, could he ‘blow the whistle’ to call villagers to come and congratulate him?” Judge Chan said the concept was mistaken and disallowed the question, saying: “Everyone knows, and also believes, that ‘blow the whistle’ has a bit of triad jargon to it and carries a special meaning.” Judge Chan stressed: “I am not saying this based on the testimony of an expert witness. Everyone knows that ‘blow the whistle’ has a special meaning. If these two concepts ... are combined and you say that even eating poon choi involves ‘blowing the whistle’, with respect, that is somewhat laughable.” The prosecution responded: “I am really sorry; I often tell my friends to ‘blow the whistle’ for a meal.” Judge Chan said: “Whether in films or stories, jargon that is not used by ordinary people has been transformed into so-called language commonly used by Hong Kong or Cantonese people, with what ‘Mark Gor’ says also becoming everyday language.” (“Mark Gor” is the character played by Chow Yun-fat in the film A Better Tomorrow.)
18 Mar 2024法庭線#3202
Trans man files fresh judicial review over Immigration Department delay more than a year after final victory on ID-card gender change
由女變男的跨性別人士謝浩霖，因未完成整個性別重置手術，不獲入境處批准更改身份證性別。他提出司法覆核，在去年 2 月獲終極勝訴，終審法院推翻須完成整個性別重置手術的規定。謝浩霖在上周五（14 日）入稟高等法院提司法覆核，指入境處人事登記處事隔逾一年，仍繼續暫緩更改身份證性別，僅多番解釋「會在合理時間內完成檢視現行政策」後，再處理其申請。
謝要求法庭宣告處方的決定不合理、不合法、有歧視性質、侵害他的人權，以及下令處方必須批准他更改身份證性別；謝另要求處方賠償，由他在 2016 年首次申請更改身份證申請，至今近 8 年，令他權利受損所帶來的情感損失，並邀請法庭評定賠償金額。
The transgender man Tse Henry Edward, who transitioned from female to male, was refused approval by the Immigration Department to change the gender on his Hong Kong identity card because he had not completed the entire gender reassignment surgery. He sought a judicial review and won a final victory in February last year, when the Court of Final Appeal overturned the requirement that the entire gender reassignment surgery be completed. Tse Henry Edward filed a judicial review at the High Court last Friday (the 14th), alleging that, more than a year later, the Registration of Persons Office of the Immigration Department was still continuing to suspend the change to the gender on his identity card. He said the office had repeatedly explained only that it would “complete its review of the existing policy within a reasonable time” before processing his application.
Tse asked the court to declare that the department’s decision was unreasonable, unlawful and discriminatory, and infringed his human rights, and to order the department to approve the change to the gender on his identity card. Tse also sought compensation for the emotional loss arising from the impairment of his rights over the nearly eight years from his first application to change his identity card in 2016 to the present, and invited the court to assess the amount of compensation.
16 Mar 2024法庭線#3191
July 1 LegCo riot case | 12 sentenced to 4 years 6 months to 6 years 10 months; Wong Chung-yao gets 6 years 2 months, Chow Ka-shing about 5 years 1 month
七一立法會暴動案，王宗堯等 4 人審訊後被裁定暴動罪成，同案 8 人則於開審前承認暴動罪。案件周六（16 日）在西九龍裁判法院（暫代區院）判刑，12 人分別判囚 4 年半至 6 年 10 月。
其中不認罪的王宗堯，判囚 6 年 2 個月；認罪的鄒家成判囚約 5 年 1 個月、孫曉嵐判囚 4 年 9 個月、劉頴匡判囚約 4 年半。同案另外兩名報稱記者的被告，「非法進入會議廳」罪成，罰款 1000 及 1500 元。
暫委法官李志豪指，立法會具獨特的憲制地位及象徵意義，本案暴動極其侮辱和挑釁，示威者包圍立會亦等同衝擊法治，屬暴動案中最嚴重。部分被告包括鄒家成及劉頴匡，以 7 年、即區院刑期上限為量刑起點不足為過。至於辯方指王宗堯僅短暫逗留在會議廳內，法官不接納，指「像他那樣的人」短暫留下，已能激起士氣，令暴動持續，考慮他不涉及暴力或破壞，以 6 年半為量刑起點。
In the July 1 Legislative Council riot case, four people, including Wong Chung-yao, were convicted of rioting after trial, while eight others in the same case pleaded guilty to rioting before the trial began. The 12 were sentenced on Saturday (the 16th) at the West Kowloon Magistrates’ Courts, sitting as the District Court, to between 4 years 6 months and 6 years 10 months in prison.
Wong Chung-yao, who denied the charge, was sentenced to 6 years 2 months. Chow Ka-shing, who pleaded guilty, was sentenced to about 5 years 1 month; Hiu Laam Suen was sentenced to 4 years 9 months; and Lau Wing-kwong was sentenced to about 4 years 6 months. Two other defendants in the same case, who described themselves as journalists, were convicted of entering the Chamber without lawful authority and fined $1,000 and $1,500 respectively.
Acting Judge Juleus Chee Ho Lee said the Legislative Council had a unique constitutional status and symbolic significance, and that the rioting in this case was extremely insulting and provocative. The protesters’ surrounding of the Legislative Council was also tantamount to an assault on the rule of law, making it one of the most serious riot cases. The seven-year sentencing starting point for some defendants, including Chow Ka-shing and Lau Wing-kwong—the District Court’s maximum sentence—was not excessive. As for the defence’s submission that Wong Chung-yao had stayed in the Chamber only briefly, the judge rejected it, saying that a person like him staying briefly could raise morale and cause the riot to continue. Taking into account that he was not involved in violence or destruction, the starting point was set at 6 years 6 months.
16 Mar 2024獨媒#3194
【July 1 LegCo Occupation Case】Judge takes District Court’s seven-year maximum as starting point for riot sentence, says protesters sought to overturn LegCo’s constitutional status
2019年7月1日，有示威者衝擊並佔領立法會大樓，14人被控暴動罪及「進入或逗留在會議廳範圍」罪。其中8人包括劉頴匡及鄒家成認暴動罪，另4人包括藝人王宗堯受審後罪成。12人今（16日）在西九法院（暫代區域法院）被判囚4年半至6年10個月。暫委法官李志豪採取區域法院最高判刑上限7年為暴動罪起點，指示威者削弱及推翻立法會獨特的憲制地位，同時衝擊法治。王宗堯被判囚6年2個月，他稱入立法會將充電器給予記者，李官卻指他曾搭示威者肩膊，能激起對方士氣，但參與程度相對輕微。就鄒家成及劉頴匡，李官指兩人罪責嚴重，以7年監禁為起點。他指鄒撕毀基本法小冊子及貼港英旗，屬侮辱立法會；劉則與示威者商討應否留守，並呼籲其他人守護立法會內人士，屬帶領及指揮角色。兩人經認罪扣減後，分別囚約5年1個月及約4年半。
On July 1, 2019, protesters stormed and occupied the Legislative Council complex. Fourteen people were charged with riot and “entering or remaining in the precincts of the Chamber”. Eight, including Lau Wing-kuong and Jau Ka-sing, pleaded guilty to riot, while four others, including actor Gregory Wong, were convicted after trial. Twelve people were sentenced today (the 16th) to between four years and six months and six years and 10 months at West Kowloon Court, which was sitting in place of the District Court. Acting judge Juleus Chee Ho Lee took the District Court’s maximum sentence of seven years as the starting point for the riot offence, saying the protesters weakened and sought to overturn the Legislative Council’s unique constitutional status while also attacking the rule of law. Wong was sentenced to six years and two months. He said he entered the Legislative Council to give a charger to reporters, but the judge said he had put his arm around protesters’ shoulders and could boost their morale, although his level of participation was relatively minor. Regarding Jau Ka-sing and Lau Wing-kuong, the judge said both bore serious culpability and took seven years’ imprisonment as the starting point. The judge said Jau tore up a Basic Law booklet and put up a British Hong Kong flag, amounting to an insult to the Legislative Council. Lau discussed with protesters whether they should stay and urged others to protect the people inside the Legislative Council, constituting a leadership and command role. After reductions for their guilty pleas, the two were sentenced to about five years and one month and about four and a half years respectively.
15 Mar 2024法庭線#3182
Resident challenges SIM-card real-name registration in judicial review; judge refuses leave, saying court will not intervene unless the measure is utterly absurd
電話卡實名制於 2023 年 2 月 24 日起全面實施，俗稱「太空卡」、未完成實名登記的電話儲值卡被停用。有市民不滿措施，入稟高院提司法覆核，認為匿名身分在處理罪案時，亦有存在價值，實名制會阻礙舉報罪案。
法官高浩文周五（15 日）拒絕批出司法覆核許可，指申請人的觀點或能代表部分人，但應在立法諮詢時提出，而非視司法覆核為發表意見的論壇。官又指，此為行政、立法機關的職能，除非涉及荒謬至極的情況，否則法庭不會干預，法庭的職責亦非草擬或修改法例。
The SIM-card real-name registration scheme was fully implemented on 24 February 2023. Prepaid phone cards, colloquially known as “space cards”, that had not completed real-name registration were deactivated. A resident dissatisfied with the measure filed an application for judicial review in the High Court, arguing that anonymity still had value in handling crime cases and that the real-name registration scheme would hinder the reporting of crimes.
Judge Victor Ho Kow-man refused leave for judicial review on Friday (15th), saying the applicant’s views might represent some people but should have been raised during the legislative consultation, rather than treating judicial review as a forum for expressing opinions. The judge also said this was a function of the executive and legislative branches, and that the court would not intervene unless an extremely absurd situation was involved. The court’s role was not to draft or amend legislation.
14 Mar 2024法庭線#3175
Alliance Information Refusal Case | Appeals by Chow Hang-tung and Two Others Dismissed; Judge Rules Prosecution Need Not Prove They Were Foreign Agents
已被剔除公司註冊的支聯會，前副主席鄒幸彤與兩名前常委鄧岳君、徐漢光，就違反「遞交資料通知書」的定罪及刑期上訴，高院原訟庭法官黎婉姬周四（14 日）全部駁回，鄧、徐即時服刑。鄒退庭前高呼「欲加之罪，何患無辭」，女懲教員伸手至其嘴範圍遮擋。
判詞指，認同原審判斷，指「外國代理人」不是控方須舉證的控罪元素，否則會有違《國安法》的立法原意及目的，辯方亦不可挑戰警方「遞交資料通知書」的合法性。而不論控方部分證物因「公眾利益豁免權」被遮蓋，抑或國安處證人拒答問題，均不涉審訊不公。
宣判前，鄧、徐二人會見記者，徐稱若今次被入罪，將證明「支聯會是外國代理人」，但指全港民眾均知道，支聯會是市民自發。他又稱，會與律師商討上訴至終院。
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which has been struck off the Companies Register, had its former vice-chairperson Chow Hang-tung and two former standing committee members Tang Ngok Kwan and Hon Kwong Tsui appeal against their convictions and sentences for failing to comply with a notice to provide information. High Court Court of First Instance judge Anna Yuen Kee Lai dismissed all the appeals on Thursday (14th), and Deng and Xu began serving their sentences immediately. Before leaving the courtroom, Chow shouted, “If one wants to frame someone, one can always find a pretext,” while a female correctional officer reached her hand towards Chow’s mouth to block it.
The judgment said it agreed with the trial court’s findings that being a “foreign agent” was not an element of the offence that the prosecution had to prove; otherwise, this would contravene the legislative intent and purpose of the National Security Law. The defence also could not challenge the legality of the police’s notice to provide information. Whether some prosecution evidence was redacted under public interest immunity or a National Security Department witness refused to answer questions, neither circumstance involved an unfair trial.
Before the ruling, Deng and Xu met reporters. Xu said that if they were convicted this time, it would prove that the Alliance was a “foreign agent”, but said everyone in Hong Kong knew that the Alliance was formed spontaneously by members of the public. He also said they would discuss with their lawyers an appeal to the Court of Final Appeal.
14 Mar 2024法庭線#3177
7.21 non-white-shirt case: Lam Cheuk-ting says he believed someone had called police after many watched livestream; judge asks if he was happy
前立法會議員林卓廷與另外 6 名「非白衣人」，被控參與 721 元朗站暴動，周四（14 日）在區院展開第 29 天審訊。控方質疑林到場後為何不再報警，林重申因分身不暇，又指同事告知有幾十萬人看直播，相信有人報警。
法官陳廣池問林，「你開唔開心呀？」林稱，「我唔開心呀，呢件事唔應該發生，俾人打到個嘴穿晒流緊血，有咩咁開心呀？」官澄清再問，「唔係問睇到你俾人打都開心，係問你開唔開心有幾十萬人睇直播」。林答稱「我一啲都唔開心，發生啲咁嘅事多人睇，點解開心呀？」
林另承認，曾隨他人叫過「香港人加油」口號，其後覺不適合，並想起或有人「造文章」所以停止。控方又質疑林曾稱閘內人為「兄弟」，而「白衣人技術上都叫市民，你有冇叫兄弟唔好打？」林稱，「點會叫佢兄弟？佢打緊我，會唔會太過荒謬？」審訊周五續。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirt” defendants, charged with taking part in the riot at Yuen Long Station on 21 July, began the 29th day of their trial at the District Court on Thursday (14th). The prosecution questioned why Lam did not call the police again after arriving at the scene. Lam reiterated that he was unable to attend to everything at once, and said a colleague had told him that hundreds of thousands of people were watching the livestream, leading him to believe someone had called the police.
Judge Chan Kwong-chi asked Lam, “Were you happy?” Lam said, “I wasn’t happy. This shouldn’t have happened. I was beaten until my mouth was split open and bleeding—what was there to be happy about?” The judge clarified that he was not asking whether Lam was happy that people had seen him being beaten, but whether he was happy that hundreds of thousands of people had watched the livestream. Lam replied, “I wasn’t happy at all. Why would I be happy that so many people watched something like this happen?”
Lam also admitted that he had joined others in chanting “Hong Kong people, keep it up”, but later felt it was inappropriate and stopped after thinking that someone might “make an issue of it”. The prosecution also questioned Lam over having referred to the people inside the gates as “brothers”, asking, “White-shirted people are technically also citizens. Did you tell your brothers not to hit [people]?” Lam said, “How could I call him my brother? He was hitting me. Wouldn’t that be too absurd?” The trial continues on Friday.
13 Mar 2024獨媒#3166
Female Teacher Charged After Being Stopped Over Candle Image Linked to June 4; Charge Withdrawn After Own-Recognisance Bind-Over
54歲女教師涉去年6月4日於維園以手機展示一張白色蠟燭圖片，被警方截查時拒絕出示身分證，最終被警員抬離現場，她警誡下表示自己沒有犯法，毋須出示身分證。她被控一項阻礙公職人員罪，今（13日）於東區法院再訊。控辯雙方同意以簽保守行為處理，被告獲裁判官崔美霞批准自簽2,000元守行為24個月，控罪獲撤銷。
A 54-year-old female teacher was stopped by police last June 4 after displaying an image of a white candle on her mobile phone in Victoria Park. She refused to show her identity card when stopped and was eventually carried away by officers. She said under caution that she had not committed any offence and did not need to show her identity card. She was charged with one count of obstructing a public officer and appeared for mention today (13th) at Eastern Magistrates’ Court. The prosecution and defence agreed to deal with the case by way of a bind-over. Magistrate Stephanie May Har Tsui approved her entering into a recognisance of HK$2,000 to keep the peace for 24 months, and the charge was withdrawn.
Translations are supplied by the source workbook. Consult the original reporting for context.
