12 Mar 2024法庭線#3159
7.21 Yuen Long | Four White-Clad Men Charged with Rioting Four Years Later; One Intends to Plead Not Guilty
元朗 7.21 襲擊 4 名「白衣人」被落案起訴暴動等罪，當中 3 人周二（12 日）在區院應訊，一人稱擬不認罪，其代表大狀稱或待同案擬認罪被告聆訊後，再看會否更改答辯意向；法官高勁修提醒，屆時或影響認罪扣減，大狀稱保留現時擬不認罪答辯。
另外兩被告則稱，需時索法律意見，一人指或涉與控方認罪商討。法官押後至 4 月 11 日再訊，一人續准擔保，另外兩人沒保釋申請，繼續還押。
Four “white-clad men” have been charged with rioting and other offences over the 7.21 Yuen Long attack. Three appeared at the District Court on Tuesday (12th). One said he intended to plead not guilty. His senior counsel said he might wait until after the hearing of a co-defendant who intends to plead guilty before deciding whether to change his plea. Judge Ko King-shiu warned that this might affect any guilty-plea reduction, and counsel said he maintained the current intended not-guilty plea.
The other two defendants said they needed time to seek legal advice, with one indicating that plea negotiations with the prosecution might be involved. The judge adjourned the case until 11 April for a further hearing. One defendant was allowed to continue on bail, while the other two made no bail applications and remained remanded in custody.
11 Mar 2024獨媒#3154
Jimmy Lai, Wong Wai-keung convicted of fraud over concealing lease breach at Next Digital building; appeal hearing set for Aug 22
壹傳媒創辦人黎智英及前行政總監黃偉強，被指使用將軍澳工業邨壹傳媒大樓經營黎名下的力高顧問公司，隱瞞違反租契條款，二人受審後被裁定罪成，分別判監5年9個月和1年9個月，黎另被判取消董事資格8年及罰款200萬元。二人均有提出上訴，司法機構網頁顯示，案件排期至8月22日聆訊，性質為「不服定罪和刑罰上訴許可申請」，需時2天。
Next Digital founder Jimmy Lai and former chief executive Wong Wai-keung were accused of using the Next Digital building in Tseung Kwan O Industrial Estate to operate Lai’s Dico Consultants consulting company, concealing a breach of the lease terms. After trial, the two were found guilty and sentenced to five years and nine months’ imprisonment and one year and nine months’ imprisonment respectively. Lai was also disqualified from being a director for eight years and fined $2 million. Both have lodged appeals. The Judiciary website shows that the case is scheduled for a two-day hearing on August 22, concerning applications for leave to appeal against conviction and sentence.
8 Mar 2024法庭線#3121
Lam Cheuk-ting cleared over disclosure that Yau Nai-keung was under investigation; DOJ granted certificate to appeal to CFA
民主黨前立法會議員林卓廷，涉披露負責元朗 7.21 事件的警司游乃強受廉署調查一案，高院暫委法官游德康裁定林上訴得直，撤銷其定罪。高院暫委法官游德康，周四（7 日）聽取雙方陳詞後，即日頒判詞，向律政司批出上訴至終院許可的證明書。
法官指，在甚麼情況下，披露甚麼資訊，會導致何人需要負上刑事罪責，對任何將來被廉署調查的人士，甚至傳媒均有影響，故同意律政司稱，本案條例的正確解讀存在可爭議之處，為具有重大而廣泛重要性的法律論點，因此批出證明書。
Former Democratic Party Legislative Council member Lam Cheuk-ting was convicted of disclosing that police superintendent Yau Nai-keung, who was responsible for the Yuen Long 7.21 incident, was under investigation by the ICAC. Acting High Court judge Douglas Tak Hong Yau allowed Lam’s appeal and quashed his conviction. After hearing submissions from both sides on Thursday (the 7th), the judge handed down the judgment the same day and granted the Department of Justice a certificate of leave to appeal to the Court of Final Appeal.
The judge said the circumstances in which the disclosure of particular information would result in a person incurring criminal liability would affect anyone who might be investigated by the ICAC in future, as well as the media. The judge therefore agreed with the Department of Justice that the correct interpretation of the ordinance in this case was open to dispute and involved a point of law of great and general importance, and accordingly granted the certificate.
7 Mar 2024法庭線#3120
Appeal in first 7.21 white-shirted men riot case; Ng Wai-nam has completed sentence and hears proceedings outside dock
元朗 7.21 襲擊首宗白衣人案，7 被告罪成，一人罪脫。高院上訴庭周四（7 日）處理鄧懷琛、「飛天南」吳偉南、鄧英斌及蔡立基的定罪及刑期上訴；以及律政司就首被告王志榮無罪裁決的案件呈述上訴。吳偉南、鄧英斌已完成服刑。吳與王一併坐在被告欄外。
鄧懷琛指，原法律代表涉提供錯誤法律觀點，稱不可用「自衛」抗辯，釀審訊不公。吳偉南則稱當時任「和事佬」，被官質疑「和事佬唔會加入埋打人㗎嘛？」鄧英斌則稱其行為不構成破壞社會安寧，官質疑攜棍涉持武，「咁樣係咪暴動呢？你話係咪呢？」鄧的代表稱「唔係」。蔡立基將於周五繼續陳詞。
至於王志榮，律政司指案中有 6 個重大環境證供，能清晰辨認王參與暴動，指若上訴得直，望可交予原審區院法官葉佐文重新裁決。
In the first case involving white-shirted men accused of the 7.21 attack in Yuen Long, seven defendants were convicted and one acquitted. The High Court’s Court of Appeal on Thursday (the 7th) dealt with conviction and sentencing appeals by Tang Wai-sam, Ng Wai-nam, Tang Ying-pan and Alex Lap Kee Choi, as well as the Department of Justice’s appeal by way of case stated against the acquittal of first defendant Zhirong Wang. Ng Wai-nam and Tang Ying-pan have completed their sentences. Ng and Wong sat together outside the dock.
Tang Wai-sam said his former legal representatives had allegedly provided incorrect legal views, saying that self-defence could not be used as a defence, resulting in an unfair trial. Ng Wai-nam said he had acted as a “peacemaker” at the time, prompting the judge to ask: “A peacemaker wouldn’t join in beating people, would they?” Tang Ying-pan said his conduct did not constitute a breach of the peace. The judge questioned whether carrying a stick amounted to possessing a weapon, asking: “Does that count as rioting? You tell me.” Tang’s representative said: “No.” Alex Lap Kee Choi will continue making submissions on Friday.
As for Zhirong Wang, the Department of Justice said there were six significant pieces of circumstantial evidence in the case that clearly identified Wong’s participation in the riot. It said that if the appeal were allowed, it hoped the matter could be remitted to the trial District Court judge, Eddie Chor Man Yip, for a fresh determination.
5 Mar 2024法庭線#3105
8.18 Flowing Assembly | Jimmy Lai and 6 Others Uphold Convictions for Participating in Assembly to Appeal; Final Court to Hear Case on June 24
2019 年 8 月 18 日，民陣在維園舉行流水式集會，黎智英、吳靄儀等 7 名民主派人士，經審訊後被裁定「組織」及「參與」未經批准集結兩罪罪成。上訴庭裁定 7 人「組織集結」上訴得直、撤銷定罪；「參與集結」罪則上訴失敗、維持定罪。
被告一方就「參與」定罪申上訴，爭議《公安條例》在執行層面有否違反相稱性，早前獲終院批出上訴許可。被告方另希望終院處理《公安條例》刑罰，會否帶來寒蟬效應等議題，終院則經考慮後，周二（5 日）拒絕申請。
7 人的正審上訴將於 6 月 24 日開庭處理。至於律政司就「組織」罪申請上訴許可，早前已被終院即日駁回。
On August 18, 2019, the Civil Human Rights Front held a flowing assembly at Victoria Park. Seven pro-democracy figures, including Jimmy Lai and Audrey Eu, were convicted after trial of organising and participating in an unauthorised assembly. The Court of Appeal allowed the appeals of all seven against their convictions for organising an assembly and quashed those convictions, but dismissed their appeals against the convictions for participating in an assembly and upheld them.
The defendants appealed to the Court of Final Appeal against the convictions for participating in an assembly, arguing over whether the Public Order Ordinance was disproportionate in its application. The Court of Final Appeal had earlier granted leave to appeal. The defendants also sought to have the court address issues including whether the penalties under the Public Order Ordinance would create a chilling effect, but the court, after consideration, rejected the application on Tuesday (the 5th).
The substantive appeal by the seven will be heard on June 24. The Department of Justice’s application for leave to appeal against the convictions for organising an assembly was earlier rejected by the Court of Final Appeal on the same day.
4 Mar 2024法庭線#3095
Shih-Ya Wang convicted of all 4 offences in alleged concealment-of-whereabouts case and sentenced to 160 hours of community service; magistrate considers first offence and contribution to society
「榮源茶行」太子女王詩雅，涉於確診期間，向衞生署隱瞞出席港區人大代表洪為民生日派對當日的行蹤，被控 4 項提供虛假資料的傳票罪，經審訊後被裁定全部罪成。王詩雅准保釋至周一（4 日），在九龍城裁判法院被判處 160 小時社會服務令。
暫委裁判官葉青菁指，提供虛假資料增加衞生署調查和追蹤個案的難度，對公共衞生構成威脅；又認為判刑須具阻嚇性，否則或削弱政府防疫工作的效力。官考慮被告對社會有貢獻、案發時疫情不算太嚴重、事後向衞生署交代行蹤等，終採納報告建議判社服令。官另拒納辯方所指，被告對法律無知或誤解。
王詩雅離開法院時，大批記者包圍拍攝。有記者問及會否上訴、判刑是否公道等。王起初沒有回應，記者再追問時，王回應稱「我無嘢講」。
Shih-Ya Wang, the heiress of Wing Yuen Tea House, was convicted after trial of four summons offences involving the provision of false information. She was accused of concealing from the Department of Health her whereabouts on the day she attended a birthday party for Hong Kong NPC deputy Hung Wai-man while she had been diagnosed with the disease. Shih-Ya Wang was granted bail until Monday (the 4th) and was sentenced to 160 hours of community service at Kowloon City Magistrates’ Courts.
Acting Magistrate Ip Ching-ching said that providing false information increased the difficulty of the Department of Health’s investigations and case tracing, posing a threat to public health. The magistrate said the sentence had to have a deterrent effect, otherwise it could weaken the effectiveness of the government’s epidemic-control work. After considering the defendant’s contributions to society, that the epidemic was not particularly serious at the time of the offences, and that she had subsequently explained her whereabouts to the Department of Health, the magistrate adopted the report’s recommendation and imposed a community-service order. The magistrate also rejected the defence’s argument that the defendant was unaware of or had misunderstood the law.
A large number of reporters surrounded Shih-Ya Wang and took photographs as she left the court. Reporters asked whether she would appeal and whether the sentence was fair. Wang initially did not respond. When reporters asked again, Wang said, “I have nothing to say.”
2 Mar 2024法庭線#3082
11.12 Central | 8 convicted of rioting and mask offence sentenced to 2 years 9 months to 3 years 9 months; judge grants discretionary reduction
2019 年 11 月 12 日的中環「和你 Lunch」，28 人原被控非法集結，其後被改控暴動。當中 ViuTV 演員、教師和社工等 8 人被裁定暴動及蒙面兩罪罪成，周六（2 日）在西九龍法院（暫代區院）被判囚 2 年 9 個月至 3 年 9 個月。
暫委法官彭亮廷判刑時指，當日有示威者架設傘陣、燃起火堆、投擲雜物等，指參與者「有備而來」，認為是次暴動，「未至最嚴重，但也絕對屬於嚴重級別」。官引述辯方求情指，演員被告因本案令其演藝夢幻滅，另有被告為社工、放射治療師、教師，或失去資格。
官接納，各人由被捕至候審期間面對心理、精神煎熬、因本案被解僱或失去工作機會，甚至失去專業資格等，酌情減刑 3 個月。其中一被告今年 2 月還押期間誕下嬰兒，丈夫手抱嬰兒到庭旁聽。
At the “Lunch with You” gathering in Central on 12 November 2019, 28 people were originally charged with unlawful assembly and were later charged with rioting. Of them, eight people, including ViuTV actors, teachers and social workers, were convicted of both rioting and wearing a mask. They were sentenced on Saturday (the 2nd) at the West Kowloon Court, which was temporarily serving as the District Court, to between 2 years 9 months and 3 years 9 months in prison.
In sentencing, Acting Judge Peng Leung-ting said that some protesters had formed umbrella formations, lit fires and thrown miscellaneous objects that day. He said the participants had “come prepared” and considered the riot to be “not the most serious, but definitely serious”. Citing the defence’s mitigation submissions, the judge said the case had shattered the acting dream of the actor defendant, while other defendants were social workers, a radiotherapist and a teacher, and might lose their qualifications.
The judge accepted that the defendants had suffered psychological and mental anguish from the time of their arrests through the period awaiting trial, had been dismissed or lost job opportunities because of the case, and might even have lost their professional qualifications. He therefore exercised his discretion to reduce each sentence by three months. One defendant gave birth to a baby while on remand in February this year; her husband held the baby in court while attending the hearing.
29 Feb 2024法庭線#3067
PolyU escape case | 14 found guilty of perverting the course of justice, rioting and other offences; judge says drivers and passengers acted together
2019 年 11 月，理大內大批示威者被警方包圍，19 人被指協助他人逃出理大，被控「意圖妨礙司法公正」等罪，5 人承認暴動罪，餘下 14 人不認罪受審，周四（29 日）在區院被裁定所有罪名成立，還押至 4 月 27 日與其他認罪被告求情。
法官王詩麗裁定，其中 9 人從理大逃出，暴動罪成，指他們沒依照「和平有序」的方法離開，反而游繩或逃離，尋求車輛接載，「目的昭然若揭，就是要逃避警方的逮捕」。
至於接載或駕車的 5 人，官指他們知悉上車人士是從理大離開，指「他們是接載暴徒逃避警方的逮捕」。官並指，涉案司機及乘客懷共同目的，就是「雙方共同行動達致免於被捕」，裁定全部 14 人意圖妨礙司法公正罪成。
In November 2019, large numbers of protesters inside the Polytechnic University were surrounded by police. Nineteen people accused of helping others escape the university were charged with offences including intent to pervert the course of justice. Five pleaded guilty to rioting, while the remaining 14 pleaded not guilty and stood trial. On Thursday (29th), the District Court found all 14 guilty on all charges. They were remanded until 27 April for mitigation together with the other defendants who had pleaded guilty.
Judge Wong Sze-lai ruled that nine of them had escaped from the university and were guilty of rioting. She said they had not left in a “peaceful and orderly” manner, but had instead abseiled or fled and sought vehicles to pick them up, adding that “the purpose was crystal clear: it was to evade arrest by the police”.
As for the five people who provided transport or drove the vehicles, the judge said they knew the passengers had left the university, stating that “they were carrying rioters to evade arrest by the police”. The judge also said the drivers and passengers involved shared a common purpose, namely that “both sides acted together to achieve freedom from arrest”, and found all 14 guilty of intending to pervert the course of justice.
28 Feb 2024獨媒#3060
Mainland Transgender Rights Activist Arrested and Jailed While Transiting in Hong Kong; Group Says No Fair Trial
一名在內地從事跨性別平權倡議的人士賴可，在去年5月從上海乘坐飛機抵港，轉機前往加拿大期間失去聯絡，其家人在兩個月後才獲悉賴可在香港被捕及判刑。由其友人成立的關注組表示，賴可在拘留期間不單止被拒絕服用及提供荷爾蒙藥，亦被拒絕聯絡家人及律師，最後在調查人員要求先認罪才能見律師家人的壓力下認罪，至今在無原因下繼續無限期關押。關注組指賴可未有得到公平審訊，有違司法公義，要求港府立即釋放賴可，並停止打壓跨性別人士。
Lai Ho, a mainland-based transgender equality activist, flew from Shanghai to Hong Kong in May last year and lost contact while transiting to Canada. Her family only learned two months later that Lai Ho had been arrested and sentenced in Hong Kong. A concern group formed by Lai Ho’s friends said that during detention, Lai Ho was not only denied access to or provision of hormone medication, but was also denied contact with family and a lawyer. The group said Lai Ho ultimately pleaded guilty under pressure from investigators who required a guilty plea before allowing contact with a lawyer and family, and has continued to be held indefinitely without explanation. The group said Lai Ho had not received a fair trial, in breach of judicial justice, and called on the Hong Kong government to release Lai Ho immediately and stop suppressing transgender people.
27 Feb 2024法庭線#3054
PolyU “breakout” | Nursing student’s riot convictions upheld on appeal; judge: Go to a cycling track if you want first-aid experience
2019 年 11 月，警方圍堵理工大學內的示威者，其中 17 人疑「突圍而出」，及後在科學館內被捕，其中一名護理學生否認兩項暴動罪，受審後被裁定罪成，判囚 3 年半。他不服定罪提出上訴，周二（27 日）在高院上訴庭審理。
上訴方認為，原審法官裁決時未有充分考慮，上訴人入理大的意圖是想急救，幫助可能受傷的人。法官彭偉昌質疑，上訴人必然會知道，理大內的人必然是佔據的人士。法官潘敏琦亦稱，「佢不請自來，你明知嗰度生事，無論你為個人原則咩都好……你都係深入虎穴。」彭偉昌又指，「你話想拎急救經驗，要急救經驗你去單車徑啦，俾催淚彈醃眼、俾子彈打……呢啲經驗攞嚟做咩嘢？」
3 名法官聽取雙方陳詞後，即日駁回上訴人的上訴申請。
In November 2019, police surrounded protesters inside the Hong Kong Polytechnic University. Seventeen people were suspected of breaking out and were subsequently arrested inside the Science Museum. One of them, a nursing student, denied two counts of riot and was convicted after trial and sentenced to three and a half years in prison. He appealed against his conviction, and the case was heard by the High Court’s Court of Appeal on Tuesday (27th).
Translations are supplied by the source workbook. Consult the original reporting for context.
