20 Feb 2024獨媒#3001
Lin Cheuk-ting wins appeal after conviction over disclosure of ICAC suspect is quashed; Department of Justice plans appeal to Court of Final Appeal
民主黨前立法會議員林卓廷被指在2019年，披露負責調查7.21事件的警司游乃強正被廉政公署調查，原審時被裁定3項「披露受調查人身分的罪行」罪成，判囚4個月。林卓廷不服定罪提出上訴，高院暫委法官游德康早前裁定他上訴得直，撤銷定罪，並批出原審及上訴訟費。律政司不服判決，欲申請上訴至終審法院，司法機構網站顯示，案件將於3月7日在高院聆訊，性質為「申請終審法院上訴許可之證明書」，料需時30分鐘。
Former Democratic Party Legislative Council member Lin Cheuk-ting was accused of disclosing in 2019 that police superintendent Yau Nai-keung, who was responsible for investigating the 7.21 incident, was under investigation by the Independent Commission Against Corruption. He was convicted at trial of three counts of disclosing the identity of a person under investigation and sentenced to four months’ imprisonment. Lin appealed against the convictions, and High Court deputy judge Douglas Tak Hong Yau earlier allowed the appeal, quashed the convictions and awarded the costs of the trial and appeal. The Department of Justice, dissatisfied with the ruling, intends to apply for leave to appeal to the Court of Final Appeal. The Judiciary website shows that the case will be heard at the High Court on March 7, under the description “application for a certificate for leave to appeal to the Court of Final Appeal”, and is expected to take 30 minutes.
20 Feb 2024法庭線#3005
Lam Cheuk-ting’s disclosure of Yau Nai-keung investigation case: Department of Justice challenges successful appeal and seeks certificate for appeal to Court of Final Appeal
民主黨前立法會議員林卓廷，被指披露負責元朗 7.21 事件的警司游乃強，被廉署調查一事，被裁定 「披露受查人身分」罪成，判囚 4 個月。高院暫委法官游德康本月裁定林上訴得直，撤銷定罪，兼獲原審及上訴的訟費。
律政司不服裁決，提出上訴。據了解，其理據指稱游德康涉錯誤解讀涉案條文。司法機構網頁顯示，案件將在 3 月 7 日展開約 30 分鐘聆訊，性質為「申請終審法院上訴許可之證明書」。律政司回覆《法庭線》查詢時確認，已向原訟庭申請終審法院上訴許可之證明書。
Former Democratic Party Legislative Council member Lam Cheuk-ting was convicted of disclosing that superintendent Yau Nai-keung, who was responsible for the Yuen Long 7.21 incident, was under investigation by the Independent Commission Against Corruption, and was sentenced to four months in prison. High Court deputy judge Douglas Tak Hong Yau ruled this month that Lam’s appeal was allowed, quashed the conviction, and awarded him the costs of the trial and appeal.
The Department of Justice, dissatisfied with the ruling, lodged an appeal. It is understood that its grounds allege that Douglas Tak Hong Yau incorrectly interpreted the provisions in question. The Judiciary’s website shows that a hearing of about 30 minutes will begin on 7 March, described as an “application for a certificate for leave to appeal to the Court of Final Appeal”. In response to an enquiry from The Witness, the Department of Justice confirmed that it had applied to the Court of First Instance for a certificate for leave to appeal to the Court of Final Appeal.
19 Feb 2024法庭線#2993
Carrying red wine turned into petrol bombs | Young man’s conviction appeal dismissed; judge agrees trial breached right to silence but says conviction remains safe
2020 年 4 月，21 歲大專男生在葵涌警署附近，被搜出兩支疑似汽油彈，被控在公眾地方管有攻擊性武器罪。辯方於原審時質疑警長「自編自導自演」，設局陷害被告，原審裁判官則裁決指沒有證據證明警長設局。被告受審後被裁定罪成，判監 14 個月，被告不服定罪及判刑提上訴，高院暫委法官郭啟安周一（19 日）頒下判詞，駁回其定罪上訴。
上訴方爭議，原審認為辯方指控警長設局一事沒有證據可以支持屬錯誤。法官指，沒出庭的中間人「A」證供為傳聞證供，並同意原審所指，最關鍵是上訴人是否知悉當時攜有汽油彈。
就原審指，上訴人於警察查問時支吾以對；法官認為，原審絕不可能，因被告沒在被查問時，直接向警員說出其信念，而對被告作出任何不利推論，指「有關做法明顯已經逾越了紅線」，但認為這只是原審拒納被告證供的其中一個理由，沒有導致定罪不穩妥。另官指，被告曾向警方提供協助，裁定可獲減刑一個月。
In April 2020, a 21-year-old tertiary student was found with two suspected petrol bombs near Kwai Chung Police Station and charged with possessing offensive weapons in a public place. At trial, the defence challenged a police sergeant’s account as “staging and directing his own performance” to frame the defendant. The trial magistrate ruled that there was no evidence proving that the sergeant had set him up. The defendant was convicted and sentenced to 14 months’ imprisonment. He appealed against his conviction and sentence, but High Court acting judge Anthony Kai On Kwok handed down a judgment on Monday (19th), dismissing his conviction appeal.
The appellant argued that the trial court had erred in finding that there was no evidence supporting the defence’s allegation that the sergeant had set him up. The judge said the evidence of the non-testifying intermediary “A” was hearsay, and agreed with the trial court that the key issue was whether the appellant knew that he was carrying petrol bombs.
Regarding the trial court’s finding that the appellant had been evasive when questioned by police, the judge held that it was wholly impermissible to draw any adverse inference against the defendant merely because he had not directly stated his belief to police officers during questioning, saying that “the approach had clearly crossed the line”. However, the judge considered this only one of the reasons why the trial court rejected the defendant’s evidence and said it did not render the conviction unsafe. The judge also noted that the defendant had assisted the police and ruled that he was entitled to a one-month reduction in sentence.
19 Feb 2024獨媒#2995
Firearms case before march: one admits conspiring to murder police; one admits explosives offence under anti-terrorism law
2019年12月8日「國際人權日大遊行」前夕，警方在民宿及貨倉檢獲槍械武器，共14人被起訴。其中9人被控「串謀謀殺」警察，以及遭控《聯合國（反恐怖主義措施）條例》下「串謀犯對訂明標的之爆炸」罪。案中6名被告今（19日）在高等法院認罪，1人承認「串謀謀殺」罪；1人承認「串謀犯對訂明標的之爆炸」罪。另有4人承認協助和教唆製造爆炸品、無牌管有槍械及彈藥等罪。法官張慧玲將案件押後至明天續審。
On the eve of the 8 December 2019 International Human Rights Day rally, police seized firearms and weapons at a guesthouse and a warehouse, and 14 people were charged. Nine were charged with conspiracy to murder police officers and with conspiracy to commit an offence of bombing a prescribed target under the United Nations (Anti-Terrorism Measures) Ordinance. Six defendants pleaded guilty at the High Court today (19th): one admitted conspiracy to murder, while another admitted conspiracy to commit an offence of bombing a prescribed target. Four others admitted offences including aiding and abetting the manufacture of explosives and the unlicensed possession of firearms and ammunition. Judge Cheung Wai-ling adjourned the case until tomorrow for continuation of the proceedings.
14 Feb 2024法庭線#2976
12 Hong Kong people | Tang Kai-yin admits perverting course of justice; case says he learned to pilot boat carrying 11 fugitives, originally planned to land in Tainan
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，鄧就其中妨礙公正一案，周三（14 日）在區院認罪。
案情指，鄧向 Telegram 群組「勇武 2.0」求助，獲成員轉介至一名叫「廢中」的人士，該人安排鄧購入涉案快艇、學習駕船等，最後由鄧駕船載另外 11 人潛逃；他們被告知到台灣後，將獲台灣當局接應。
法官練錦鴻稱，「呢單案件好受公眾矚目，唔希望倉卒作出決定同埋詳細理由…根據我手頭中嘅案例，差唔多一定係要監禁」，將鄧涉的兩案同押後至 4 月 16 日判刑，另待一宗上訴庭聆訊。該案為「12 港人案」中鄭子豪、廖子文提刑期上訴。鄧續還押。
In August 2020, 12 Hong Kong people suspected of fleeing to Taiwan were intercepted and detained by the Guangdong coastguard. Ten of them were charged on the mainland with organising others to illegally cross the national border and other offences, 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 faces two cases involving possession of petrol bombs and perverting the course of justice. He pleaded guilty in the District Court on Wednesday (14th) to the perverting the course of justice charge.
The case said Tang sought help from the Telegram group “勇武 2.0” and was referred by a member to a person called “Fai Chung”. That person arranged for Tang to purchase the speedboat involved in the case and learn to pilot a boat, among other things. Tang eventually piloted the boat carrying the other 11 people to flee. They were told that they would be received by the Taiwan authorities after arriving in Taiwan.
Judge Stanley Chan said, “This case has attracted a great deal of public attention, and I do not wish to make a hasty decision or provide detailed reasons … Based on the cases before me, it is almost certain that imprisonment will be required.” He adjourned both of Tang’s cases to 16 April for sentencing, pending another Court of Appeal hearing. That case concerns the sentence appeal filed by Cheng Tsz-ho and Liao Tsz-man in the “12 Hong Kong people case”. Tang was remanded in custody.
9 Feb 2024法庭線#2969
12 Hong Kong people｜QUINN Moon jailed 61 months for making explosives and other offences, appeals sentence
「12 港人」之一的喬映瑜，2022 年 8 月服完內地刑期後被押返香港，隨即被捕。她承認製造及管有爆炸品、妨礙司法公正 3 罪，在區域法院被判囚 61 個月。她不服判刑，周四（8 日）提出上訴。根據司法機構資料，案件尚未有聆訊日期。
QUINN Moon, one of the “12 Hong Kong people”, was returned to Hong Kong after completing her mainland sentence in August 2022 and was immediately arrested. She pleaded guilty to three charges of making and possessing explosives and perverting the course of justice, and was sentenced to 61 months’ imprisonment in the District Court. Dissatisfied with the sentence, she lodged an appeal on Thursday (the 8th). According to Judiciary information, no hearing date has yet been set.
8 Feb 2024獨媒#2966
Lam Cheuk-ting wins appeal over disclosure of Yau Nai-keung investigation; conviction quashed, but judge rejects reasonable excuse
民主黨前立法會議員林卓廷，被指披露負責調查7.21事件的警司游乃強正被廉政公署調查，被裁定3項「披露受調查人身分的罪行」罪成，判囚4個月。林卓廷不服定罪提出上訴，暫委法官游德康今（8日）裁定他上訴得直，撤銷定罪，林獲原審及上訴訟費。游官指，林卓廷只是披露游乃強正被廉政公署調查「公職人員行為失當」罪、而非《防止賄賂條例》第II部罪行的身分，其行為不受控罪條例覆蓋，無觸犯法例；又指律政司一方對條例的廣義解讀，是使過往收窄條文的修訂「形同虛設」。不過就林卓廷質疑游乃強「自己人查自己人」，指披露他受查涉公眾利益，構成合理辯解，游官不同意，指由不受警方管轄的廉署調查游乃強，反令公眾有信心，保護香港公共秩序安全，惟林作出披露會加大證據被毀的風險，是「有百害而無一利」和「適得其反」。
Former Democratic Party Legislative Council member Lam Cheuk-ting was found guilty on three counts of disclosing the identity of a person under investigation and sentenced to four months’ imprisonment after he was accused of disclosing that police superintendent Yau Nai-keung, who was responsible for investigating the 7.21 incident, was being investigated by the Independent Commission Against Corruption. Lam appealed against his conviction. Acting Judge Douglas Tak Hong Yau ruled today (8th) that the appeal should be allowed and quashed the conviction, with Lam awarded the costs of the trial and appeal. Judge Yau said Lam had disclosed only that Yau Nai-keung was being investigated by the ICAC for misconduct in public office, rather than for an offence under Part II of the Prevention of Bribery Ordinance. His conduct was therefore not covered by the legislation underpinning the charges and did not breach the law. The judge also said the Department of Justice’s broad interpretation of the ordinance would render amendments that had previously narrowed the provision effectively meaningless. However, Judge Yau disagreed with Lam’s argument that Yau Nai-keung was being investigated by “one of its own” and that the disclosure was in the public interest and constituted a reasonable excuse. The judge said that having Yau Nai-keung investigated by the ICAC, which is not under police control, would instead give the public confidence and protect public order and safety in Hong Kong, while Lam’s disclosure would increase the risk of evidence being destroyed and be “all harm and no benefit” and “counterproductive”.
7 Feb 2024法庭線#2955
Man in his 50s jailed five months for inciting injury over Facebook call to “slaughter” Chris Tang and senior police officers
五旬保安員被指 2020 年，在林卓廷 Facebook 專頁提及黎智英被控的帖文下留言，稱「如果能集結幾十萬人衝入警總，暫（斬）殺鄧炳強和幾個警察高層，佢地就不會有咁高氣燄了」等。他受審後被裁定煽惑傷人罪成，周三（7 日）於區域法院被判囚 5 個月。
法官李慶年指，被告的留言似乎是單一帖子，不足 36 小時內刪除，又指其留言明顯受林卓廷的帖文影響而發布，但不能說成被告沒主動發出留言。
法官又指，雖然被告的留言沒具體計劃，煽惑言論較為概括，但當時「正值紛亂的時期」，不同平台主張以暴易暴，會助長暴力氛圍，「這些暴力的鼓吹，一點都不能多，一點都不能讓它蔓延」。考慮被告調查期間合作，酌情減刑 1 個月。
A security guard in his 50s was accused of posting a comment in 2020 under a post on Lam Cheuk-ting’s Facebook page mentioning charges against Jimmy Lai. The comment said: “If tens of thousands of people could be mobilised to storm Police Headquarters and slaughter Chris Tang and several senior police officers, they would not be so arrogant,” among other remarks. He was convicted of inciting injury after trial and sentenced to five months’ imprisonment at the District Court on Wednesday (7th).
Judge Clement Lee said the defendant’s comment appeared to have been posted only once and was deleted within 36 hours. The judge also said the comment had clearly been influenced by Lam Cheuk-ting’s post, but it could not be said that the defendant had not actively posted it.
The judge said that although the comment contained no specific plan and the incitement was relatively general, it was made during “a period of turmoil”. Calls on different platforms to use violence to counter violence would fuel a climate of violence: “There must not be even a little more advocacy of this violence, and it must not be allowed to spread.” The defendant’s cooperation during the investigation was taken into account, resulting in a one-month reduction in sentence.
6 Feb 2024法庭線#2949
Western doctor Choi Suk Mui, Annie to face 22 additional charges over alleged over-issuance of vaccine exemption certificates; husband charged with six money-laundering offences
7 名私家醫生疑濫發「免針紙」被警方調查，其中一名西醫蔡淑梅，涉訛稱有兩人基於醫療理由，不宜接種新冠疫苗被控兩項串謀欺詐罪，案件周二（6 日）在屯門裁判法院再訊；蔡的丈夫被控 6 項洗黑錢罪，涉款約 690 萬元，案件同日首次提堂。
控方表示，擬加控蔡 22 項控罪，並擬撤回原本控告的欺詐罪，稍後再訊處理；另指兩案源於同一事件，擬合併轉介至區院審理。裁判官遂將案押後至 2 月 23 日再訊，以處理加控及轉介程序。兩被告期間獲准保釋。
Seven private doctors are being investigated by police for allegedly over-issuing vaccine exemption certificates. One of them, Western doctor Choi Suk Mui, Annie, was charged with two counts of conspiracy to defraud over allegedly falsely claiming that two people were medically unsuitable to receive COVID-19 vaccines. The case was mentioned again at Tuen Mun Magistrates’ Courts on Tuesday (the 6th). The doctor’s husband was charged with six counts of money laundering involving about HK$6.9 million, and appeared in court for the first time on the same day.
The prosecution said it intended to add 22 charges against Choi Suk Mui, Annie and withdraw the fraud charges originally brought against her, with the matter to be dealt with at a later hearing. It also said the two cases arose from the same incident and sought to consolidate them for transfer to the District Court. The magistrate adjourned the cases to February 23 to handle the additional charges and transfer procedures. Both defendants were granted bail during the period.
6 Feb 2024法庭線#2950
8.25 Kwai Chung | Man charged with conspiracy to riot and other offences more than four years later, says legal aid application unsuccessful; judge orders staff to explain
2019 年 8 月 25 日的「荃葵青遊行」原獲警方發出不反對通知書，及後有人堵路，被警方驅散。一名 39 歲男子事隔 4 年 4 個月後，被控串謀暴動等罪，案件周二（6 日）在區院再訊。
被告親自應訊指，仍未能成功申請法援；法官練錦鴻一度質疑，指案發為 2019 年，被告則澄清自己 2024 年 1 月初始遭檢控。官一度下令法援署職員上庭解釋，最後批准案件押後至 2 月 29 日再訊，被告續准保釋。
The Tsuen Wan–Kwai Tsing march on 25 August 2019 had initially been issued with a letter of no objection by police. Road blockages subsequently occurred and were dispersed by police. A 39-year-old man was charged with conspiracy to riot and other offences four years and four months later. The case was relisted in the District Court on Tuesday (6th).
The defendant appeared in person and said he had still been unable to successfully apply for legal aid. Judge Luen Kin-hung questioned this, noting that the incident had taken place in 2019. The defendant clarified that he was not charged until early January 2024. The judge ordered a Legal Aid Department staff member to attend court to explain. The case was ultimately adjourned to 29 February, and the defendant was allowed to remain on bail.
Translations are supplied by the source workbook. Consult the original reporting for context.
