11 Jan 2024法庭線#2802
11.19 Tsim Sha Tsui | Woman aged 19 at time convicted of rioting and jailed for 35 months; leave to appeal conviction refused
警方 2019 年 11 月圍堵理工大學，大批巿民聲援被困校內的示威者，爆發警民衝突。當中一名案發時 19 歲女生早前被裁暴動罪成，判囚 35 個月。她不服定罪申請上訴許可，法官彭偉昌聽畢陳詞，即日拒批許可。
法官認為，其上訴理據沒有成功機會，又提到申請方未能解釋，為何當時女生會置身現場。法官同時發出「減時命令風險警告」。即女生有權再向上訴庭申請上訴，但假如申請被駁回，上訴庭有權命令，她在聽候上訴期間的關押不計入刑期之內。
Police surrounded the Polytechnic University in November 2019, prompting large numbers of people to rally in support of protesters trapped inside the campus and resulting in clashes between police and civilians. A woman who was 19 at the time was earlier convicted of rioting and sentenced to 35 months’ imprisonment. Disputing her conviction, she applied for leave to appeal. After hearing submissions, Judge Pang Wai-cheong refused leave on the same day. The judge said there was no reasonable prospect of success in her grounds of appeal, and noted that the applicant had been unable to explain why the woman had been at the scene at the time. The judge also issued a warning about the risk of a time-deduction order: the woman could still apply to the Court of Appeal for leave to appeal, but if the application were rejected, the court would have the power to order that her detention while awaiting the appeal not be counted towards her sentence.
11 Jan 2024法庭線#2803
11.18 Jordan | 21-year-old female student pleads guilty to rioting nearly 3½ years later, jailed for 28 months
2019 年 11 月中，警方圍堵理工大學內的示威者，有市民發起到油尖旺一帶「圍魏救趙」，逾 200 人被控暴動。事隔近 3 年半，香港 U20 女子足球代表、21 歲女學生被起訴，周四（11 日）在西九龍裁判法院（暫代區院）認罪，判囚 28 個月。被告聞判雙眼通紅，眼泛淚光。
暫委法官嚴舜儀判刑時引述被告背景，指她因深愛香港，即使曾身處海外集訓都沒畏罪潛逃。惟法官指，她曾處理同日發生的示威案，觀察到暴動情況隨入夜愈演激烈，而本案較案例嚴重，有警員被汽油彈擊中，被告參與暴動不少於 45 分鐘，判刑須具阻嚇性。
不過，法官除認罪扣減外，另基於 4 因素酌情再減刑 6 個月，包括被告被捕後認真生活，「由衝動嘅少年，銳變成有承擔嘅成年人」。官又透露，本案原有 3 名被告，其餘兩人已潛逃。
In mid-November 2019, police surrounded protesters inside the Hong Kong Polytechnic University, prompting members of the public to stage a “besiege Wei to rescue Zhao” action in the Yau Tsim Mong area. More than 200 people were charged with rioting. Nearly 3½ years later, a Hong Kong Under-20 women’s football representative and 21-year-old female student was prosecuted. She pleaded guilty on Thursday (the 11th) at the West Kowloon Magistrates’ Courts, sitting as the District Court, and was sentenced to 28 months’ imprisonment. The defendant’s eyes were red and filled with tears when she heard the sentence.
In sentencing, acting judge Ada Shun Yee Yim referred to the defendant’s background and said that, because she loved Hong Kong deeply, she had not absconded even though she had been overseas for training. However, the judge said she had handled a protest case that took place on the same day and had observed that the riot became increasingly serious after nightfall. This case was more serious than the precedents, as a police officer had been struck by a petrol bomb, and the defendant had participated in the riot for no less than 45 minutes. The sentence therefore had to be deterrent.
Nevertheless, in addition to the reduction for her guilty plea, the judge exercised discretion to reduce the sentence by a further six months on four grounds, including the defendant’s serious efforts to lead a proper life after her arrest, saying she had “transformed from an impulsive youth into a responsible adult”. The judge also revealed that there had originally been three defendants in the case; the other two had absconded.
11 Jan 2024獨媒#2804
12 Hong Kong residents: QUINN Moon pleads guilty to obstructing justice; judge calls it a “cross-border offence” and questions light sentences for other defendants, but DOJ did not seek review
12港人案之一的喬映瑜，於2020年在內地法院承認組織他人偷越邊境，被判監兩年，去年8月服刑完畢並移交本港，至今已還柙逾一年。喬原涉旺角炸彈案被通緝，她今（11日）在區域法院承認「妨礙司法公正」、「管有爆炸品」及「製造爆炸品」共3罪，還柙至1月30日判刑。案情透露，被告在航行期間負責用衛星電話向同夥匯報。法官陳廣池問是否用「摩斯密碼」，辯方解釋以保密方式傳送英文及數字，過程中數次表示「平安」，惟最後一次表示「有執法人員」。另外，辯方表示涉同一事件的其餘7人，早前被判囚7至10個月。但陳官問控方：「唔覺得判得輕咩？」控方指律政司無提出刑期覆核。陳官強調，本案屬「大規模行動、跨境罪行」，「所以我好詫異點解（律政司）無後續行動。」辯方強調，若被告判刑比同案人士更重，會對她不公。陳官反駁：「佢（被告）可以上訴㗎」，並指：「公義唔係只係對被告，亦都有社會公義。」
QUINN Moon, one of the defendants in the case involving the 12 Hong Kong residents, admitted in a mainland court in 2020 to organising others to illegally cross the border and was sentenced to two years in prison. She completed her sentence in August last year and was transferred to Hong Kong, where she has been remanded for more than a year. Kiu Yuen was wanted in connection with the Mong Kok bomb case. She pleaded guilty at the District Court today (11th) to three charges—perverting the course of justice, possession of explosives and making explosives—and was remanded until 30 January for sentencing. The facts of the case revealed that the defendant was responsible for reporting to her accomplices by satellite phone during the voyage. Judge Chan Kwong-chi asked whether Morse code had been used. The defence explained that English letters and numbers were transmitted in a coded manner; the defendant reported “all safe” several times, but said “law enforcement officers” on the final occasion. The defence also said that the other seven people involved in the same incident had previously been sentenced to between seven and 10 months in prison. Judge Chan asked the prosecution: “Don’t you think the sentences were too light?” The prosecution said the Department of Justice had not applied for a review of the sentences. Judge Chan stressed that the case involved a “large-scale operation” and was a “cross-border offence”, adding: “So I am very surprised that there has been no subsequent action” by the Department of Justice. The defence stressed that it would be unfair to the defendant if she received a heavier sentence than the others involved in the same case. Judge Chan responded: “She can appeal,” and said: “Justice is not only for the defendant; there is also social justice.”
3 Jan 2024法庭線#2763
8.25 Kwai Chung | Man charged with conspiracy to riot and other offences more than four years and four months later
2019 年 8 月 25 日 的「荃葵青遊行」原獲警方發出不反對通知書，及後有人堵路遭警方驅散。一名 39 歲男子事隔 4 年 4 個月後，被控串謀暴動等罪，案件周三（3 日）在沙田裁判法院首度提堂。案件押後至下周二再訊，以待將案轉介至區院。被告准以一萬元人事擔保及一萬元現金保釋。
The Tsuen Wan, Kwai Chung and Tsing Yi march on 25 August 2019 was initially issued with a letter of no objection by police. Police subsequently dispersed people who had blocked roads. More than four years and four months later, a 39-year-old man was charged with conspiracy to riot and other offences. The case came before Sha Tin Magistrates’ Courts for the first time on Wednesday (the 3rd). It was adjourned until next Tuesday for mention pending referral to the District Court. The defendant was granted bail on a HK$10,000 surety and HK$10,000 cash bail.
3 Jan 2024法庭線#2765
28-year-old man jailed 52 months after admitting involvement in three riots; judge says storing Octopus cards and gift vouchers warrants sentence increase
28 歲男子被控在 2019 年 7 至 8 月期間參與 3 場暴動，涉黃大仙、荃灣及沙田三地，他周三（3 日）在區院承認 3 項暴動罪，合共判囚 52 個月。餘下 1 項襲警罪則准存檔法庭。
案情指，警方於突擊搜查酒店行動中發現被告，搜出房內藏有示威裝備，再在其電話訊息對話中，發現他自認曾參兩場暴動，包括提及以網球拍擊回催淚彈至警方防線。
法官張潔宜判刑時關注，被告在案情中承認「前線好多都係佢嘅人」，其後警方搜出其單位內有多張八達通、現金禮券，質疑涉用以利誘示威者，及助瞞行踪。其後官接納被告非組織暴動、示威主腦，但指在知情下代為保管八達通、禮券等，須予加刑。
A 28-year-old man charged with taking part in three riots in Wong Tai Sin, Tsuen Wan and Sha Tin between July and August 2019 pleaded guilty to three riot offences at the District Court on Wednesday (3rd) and was sentenced to a total of 52 months in prison. A remaining charge of assaulting a police officer was ordered to lie on the court file.
The facts of the case stated that police found the defendant during a raid on a hotel, where protest equipment was found in his room. Messages on his phone also showed that he had admitted taking part in two riots, including mentioning that he had used a tennis racket to hit tear gas back towards the police line.
In sentencing, Judge Kit Yee (1971) Cheung focused on the defendant’s admission in the case facts that “many of those on the front line were his people”. Police later found multiple Octopus cards and cash gift vouchers in his flat, raising suspicion that they had been used to induce protesters and help conceal their movements. The judge accepted that the defendant was not involved in organising the riots or a protest mastermind, but said that knowingly storing Octopus cards, gift vouchers and other items for others warranted an increase in sentence.
29 Dec 2023集誌社#2745
Chow Ting abandons bail｜Parents reportedly taken to police station to assist investigation
前學民思潮成員周庭較早前宣布棄保，警方昨（ 28日）表示，周庭未依時報到，表示會對她「終身追捕」，據了解，警方今（ 29日）早將周庭的父母，帶返大埔警署協助調查，由於周庭的母親為擔保人，所以被帶返警署，他們在下午 12 時許已離開。警方回覆指，採取任何行動，會按實際情況，依法處理。
Former Scholarism member Chow Ting earlier announced that she would abandon bail. Police said yesterday (28th) that Chow had failed to report as scheduled and stated that they would pursue her “for life”. It is understood that police took Chow’s parents to Tai Po Police Station this morning (29th) to assist with an investigation. Her mother was a guarantor, and was therefore taken to the police station. They left at around 12 noon. Police said that any action taken would be handled in accordance with the law and based on the actual circumstances.
28 Dec 2023法庭線#2737
Convicted of obstructing police while reporting in Mong Kok and sentenced to five days’ imprisonment; Chan Long-sing appeals conviction and sentence
協主席、網媒《Channel C》多媒體製作主任陳朗昇，2022 年 9 月赴旺角麥花臣場館採訪元朗朗屏邨業主大會時，被指拒向警員出示身份證被捕，今年 9 月經審訊後被裁定「阻差辦公」罪成，判囚 5 天，陳准保釋候上訴。
根據高等法院資料，陳於本年 12 月 13 日提出定罪及刑期上訴。司法機構網頁暫未顯示排期聆訊。
Chan Long-sing, the association’s chairman and multimedia production director of online media outlet Channel C, was arrested in September 2022 while reporting at McPherson Stadium in Mong Kok on a owners’ meeting of Long Ping Estate in Yuen Long. He was accused of refusing to show his identity card to police officers. Following a trial this September, he was convicted of obstructing a police officer in the execution of his duty and sentenced to five days’ imprisonment. Chan was granted bail pending appeal.
According to High Court information, Chan filed appeals against his conviction and sentence on 13 December this year. The Judiciary’s website did not yet show a hearing date.
28 Dec 2023法庭線#2741
2023 Statistics on Anti-Extradition Bill Riot Cases: Nearly 80% Concluded; 163 Changed Pleas Before Trial
反修例運動至今逾 4 年半，逾 800 人被控暴動，其中 22 人於今年被檢控或加控暴動。《法庭線》根據法庭紀錄及報道統計，截至今年 12 月 23 日，近八成案件審結，定罪率達九成。
603 名罪成被告當中，近四成人認罪，其中 163 人原本不認罪，於開審前改認罪，過半人由檢控至改認罪，相隔 3 年或以上。有候審逾 3 年、於今年改認罪的被告向《法庭線》表示，「高得絕望嘅定罪率，早令我打消『打得甩』嘅念頭」，又指認罪可「節省」更多時間，「既然避無可避，倒不如認，好現實咁降低成本」。
另有候審兩年半改認罪的被告受訪指，「盧建民案」為「暴動」控罪元素訂立指引，認為變相降低了定罪門檻，「著黑色衫就已經可以入到罪」。他們又認為，候審時間漫長、保釋條件嚴苛，「某程度認罪係一個解脫，我可以結束呢種好長候審期帶嚟嘅煎熬」。
More than four and a half years after the anti-extradition bill movement began, over 800 people have been charged with rioting, including 22 who were prosecuted or additionally charged with rioting in 2023. Based on court records and reports, The Witness calculated that as of 23 December 2023, nearly 80% of the cases had concluded, with a conviction rate of 90%. Of the 603 defendants convicted, nearly 40% pleaded guilty. Among them, 163 had originally pleaded not guilty but changed their pleas before trial; for more than half, three years or more had elapsed between being prosecuted and changing their pleas. A defendant who had been awaiting trial for more than three years before changing their plea in 2023 told The Witness that the “despairingly high conviction rate” had long made them abandon the thought of “beating the charge”. They also said that pleading guilty could “save” more time and that, “since it cannot be avoided, it is better to plead guilty”—a realistic way to reduce the cost. Another defendant who had been awaiting trial for two and a half years before changing their plea said in an interview that the “Lo Kin-man case” had established guidelines for the elements of the rioting charge, effectively lowering the conviction threshold, so that “wearing a black shirt is already enough to secure a conviction”. They also considered the lengthy wait for trial and stringent bail conditions, saying that “to some extent, pleading guilty is a release” and allowed them to end the torment brought by the very long period awaiting trial.
23 Dec 2023法庭線#2722
11.18 PolyU | 12 jailed for rioting and other offences, with longest term of 56 months and 3 weeks; judge says starting point is at least 3 years
2019 年 11 月 17 日，警方開始包圍理大附近一帶，稱會以暴動罪拘捕所有離開理大者。翌日清晨 5 時許，被警方於理大對出暢運道拘捕的多人，被控以暴動等罪。12 人早前認罪或經審訊後定罪，周六（23 日）在區域法院被判囚 26 個月 2 星期至 56 個月 3 星期不等。
就暴動罪，法官林偉權裁定 12 人在本案中參與性均屬最低一員，惟根據上訴庭「梁子揚案」，就算參與程度屬最低者，量刑起點「無論如何都至少要 3 年」。當中一被告另涉「傷人 17」，官指性質較暴動嚴重，因涉搶犯、用槌襲警，故以囚 5 年為量刑起點。各人分別因認罪、年青、同意案情等因素獲減刑。
法官亦關注是日判刑被告中，有 8 被告遲改認罪，指認罪與否是被告權利，但答辯屬重要事項，會影響刑期扣減，一度問「點解唔可以迅速啲、快啲呢？」
On 17 November 2019, police began surrounding the area near the Polytechnic University, saying they would arrest anyone leaving the university for rioting. At about 5am the following day, multiple people arrested by police on Cheong Wan Road outside the university were charged with rioting and other offences. Twelve people, who had earlier pleaded guilty or been convicted after trial, were sentenced at the District Court on Saturday (23rd) to between 26 months and 2 weeks and 56 months and 3 weeks in prison.
For the rioting offence, the judge Dominic Wai Kuen Lam ruled that each of the 12 defendants had the lowest level of participation in the case. However, citing the Court of Appeal’s “Leung Tsz Yeung case”, the judge said that even for a person with the lowest level of participation, the sentencing starting point “must in any event be at least 3 years”. One defendant was also charged with wounding with intent under section 17. The judge said the offence was more serious than rioting and set a five-year imprisonment term as the sentencing starting point because it involved robbery and an attack on police with a hammer. The defendants received reductions for factors including their guilty pleas, young age and agreement to the facts of the case.
The judge also expressed concern that eight of the defendants sentenced that day had changed their pleas to guilty at a late stage. The judge said that whether to plead guilty was a defendant’s right, but that a plea was an important matter affecting the reduction in sentence, and at one point asked: “Why couldn’t it be done more promptly, more quickly?”
23 Dec 2023法庭線#2728
11.18 PolyU | 12 jailed for rioting and other offences, with longest term 56 months and 3 weeks; judge says starting point is at least 3 years
12 人早前認罪或經審訊後定罪，周六（23 日）在區域法院被判囚 26 個月 2 星期至 56 個月 3 星期不等。
就暴動罪，法官林偉權裁定 12 人在本案中參與性均屬最低一員，惟根據上訴庭「梁子揚案」，就算參與程度屬最低者，量刑起點「無論如何都至少要 3 年」。當中一被告另涉「傷人 17」，官指性質較暴動嚴重，因涉搶犯、用槌襲警，故以囚 5 年為量刑起點。各人分別因認罪、年青、同意案情等因素獲減刑。本案原涉 19 名被告，當中 1 人認罪， 12 人開審前改認罪，4 人經審訊後定罪，餘下 2 人審訊後無罪獲釋。
12 名改認罪被告中，有 4 人判刑時未屆 21 歲，先後在 2023 年 5 月及 6 月索取報告後被判入教導所。餘下 8 人連同 4 名審訊後定罪者，一同周六判刑。根據庭上資料，當中 6 人曾就讀理大。
法官林偉權指，根據上訴庭 2023 年 12 月就「梁子揚案」頒下的判詞，對暴動案參與程度最低者的量刑起點，「無論如何都至少要 3 年」。
官指考慮被告藉現身現場壯大暴民聲勢，但沒證據顯示他們在暴動中扮演重要角色或曾用暴力；而理大校園因事件受嚴重破壞、要斥巨資修復，也沒證據指受破壞物件因本案而生，故不會把帳全算在被告身上，最終接納全數被告均為暴動參與性最低一員，以判囚 3 年為量刑起點。
Twelve people who had earlier pleaded guilty or been convicted after trial were sentenced to between 26 months and 2 weeks and 56 months and 3 weeks at the District Court on Saturday (23rd).
On the rioting charge, Judge Dominic Wai Kuen Lam ruled that all 12 had the lowest level of participation in the case. However, citing the Court of Appeal’s judgment in the Leung Tze-yeung case, the judge said that even for defendants with the lowest level of participation, the sentencing starting point was “at least 3 years in any event”. One defendant also faced a separate charge described as “wounding 17”. The judge said it was more serious than rioting because it involved a robbery and attacking police with a hammer, and adopted five years’ imprisonment as the starting point. The defendants received reductions for factors including their guilty pleas, young age and agreement to the facts of the case. The case originally involved 19 defendants: one pleaded guilty, 12 changed their pleas before trial, four were convicted after trial, and the remaining two were acquitted after trial.
Of the 12 defendants who changed their pleas, four were under 21 at sentencing. After reports were obtained in May and June 2023, they were sentenced to detention in a training centre. The remaining eight, together with the four convicted after trial, were sentenced on Saturday. Court information showed that six of them had studied at PolyU.
Judge Dominic Wai Kuen Lam said that, according to the Court of Appeal’s judgment handed down in December 2023 in the Leung Tze-yeung case, the sentencing starting point for those with the lowest level of participation in a riot case was “at least 3 years in any event”.
The judge said the defendants had strengthened the rioters’ numbers and momentum by being present at the scene, but there was no evidence that they played an important role in the riot or used violence. Although the PolyU campus was seriously damaged by the incident and required substantial funds for restoration, there was no evidence that the damaged property had been caused by the defendants in this case. The court therefore would not attribute all the damage to them, and ultimately accepted that all the defendants had the lowest level of participation in the riot, adopting three years’ imprisonment as the sentencing starting point.
Translations are supplied by the source workbook. Consult the original reporting for context.
