27 Nov 2023獨媒#8701
10, including League of Social Democrats members, charged with 26 offences over black cloth displays and unlicensed fundraising; case adjourned to February
社民連主席陳寶瑩、副主席周嘉發、余煒彬及義工等10人，被指於今年4月至5月期間，三次在銅鑼灣擺街站時無牌籌款及懸掛黑布。他們被票控「沒有許可證而在公眾地方籌款」及「未經准許而在政府土地展示招貼或海報」等共26罪，今（27日）在東區裁判法院提堂。各人的案件被押後至明年2月21日再訊，以待向控方索取文件。開庭前，余煒彬批評當局做法橫蠻無理，指他們以看似「好細嘅罪名」、非監禁式的罪名來檢控，「但事實上佢用呢啲咁嘅方法去不成比例咁樣打壓緊政治團體」，認為是對公民社會的沉重打擊。周嘉發則指社民連會沉著面對案件，惟不解「其中有個罪名竟然只係喺街上面掛一塊黑色布」，認為十分匪夷所思。
League of Social Democrats chairwoman Chan Po-ying, vice-chairman Dickson Chau, Yu Wai-pan and volunteers, among 10 people, were accused of raising funds without a licence and hanging black cloth on three occasions while operating street booths in Causeway Bay between April and May this year. They were charged by summons with a total of 26 offences, including “raising funds in a public place without a permit” and “displaying bills or posters on government land without permission”. The cases came before the Eastern Magistrates’ Courts today (27th). The cases were adjourned to 21 February next year to allow the defendants to obtain documents from the prosecution. Before the hearing, Yu Wai-pan criticised the authorities’ actions as unreasonable and high-handed, saying they were prosecuting the defendants over seemingly “very minor charges” that did not carry imprisonment, “but in fact using these methods to disproportionately suppress political groups”. Yu Wai-pan said this was a heavy blow to civil society. Dickson Chau said the League of Social Democrats would face the cases calmly, but found it incomprehensible that “one of the charges is simply for hanging a piece of black cloth on the street”, describing it as extremely baffling.
24 Nov 2023法庭線#8693
Department of Justice Files Bankruptcy Petition Against Ted Hui, Hearing Set for Early Next Year; Ordered to Pay Costs in Three Cases Including Contempt of Court
2020 年宣布流亡海外、正被通緝的立法會前議員許智峯，周四（23 日）被律政司入稟高等法院作破產呈請。根據司法機構網頁顯示，破產呈請排期於 2024 年 1 月 23 日下午 3 時處理。
律政司指控許向警方提供錯誤資訊，令警方和法庭相信他出訪丹麥後會回港；高院於 2022 年在許缺席聆訊下，裁定他 4 項刑事藐視法庭罪成， 判監 3 年半兼須付訟費。許另有兩宗入稟，一宗被指濫用程序，另一宗申請司法覆核失敗，均被下令須付訟費。
另外，許於 2022 年 4 月指收到警方通知，律政司獲高院批出財產限制令，禁止他及其家人處理、賣出或從香港移走財產。
Former Legislative Council member Ted Hui, who announced in 2020 that he was going into exile overseas and is wanted by the authorities, was served with a bankruptcy petition filed by the Department of Justice in the High Court on Thursday (23rd). According to the Judiciary’s website, the bankruptcy petition is scheduled to be dealt with at 3 p.m. on 23 January 2024.
The Department of Justice alleged that Hui provided incorrect information to the police, causing the police and the court to believe that he would return to Hong Kong after travelling to Denmark. In 2022, the High Court convicted him in his absence on four counts of criminal contempt of court, sentencing him to three and a half years’ imprisonment and ordering him to pay costs. Hui also brought two other applications: one was found to be an abuse of process, while the other, an application for judicial review, failed. He was ordered to pay costs in both cases.
In addition, Hui said in April 2022 that he had received notification from the police that the High Court had granted the Department of Justice an asset restraint order prohibiting him and his family from dealing with, selling, or removing property from Hong Kong.
23 Nov 2023法庭線#8689
11.18 Yau Ma Tei | Appeals by two men convicted of rioting dismissed; judge says overemphasising direct evidence is a “common problem” in similar cases
2019 年 11 月，警方圍堵理大內示威者，213 人涉在油麻地「圍魏救趙」被控暴動。其中一案 11 人經審訊後被裁罪成，判囚 51 個月至 55 個月。當中兩男不服定罪，上月就上訴許可申請聆訊，被即日駁回，上訴庭當時指，上訴理由沒有合理爭拗之處。
上訴庭法官潘敏琦周四（23 日）頒判詞，指不同意控方須證明申請人曾有「積極」的鼓勵行為，亦不同意原審法官是單憑申請人身在現場，就裁定他參與暴動，而是獲環境證供的疊加效應下，得出壓倒性的推論。
判詞特別提到，二人犯同類案上訴「通病」，即「過分強調缺乏直接證供，而忘卻了環境證供的疊加效應和力度」，亦誤解「盧建民案」之真正意義；另原審時不作供，也屬「常犯錯誤」，即「強化本來已是壓倒性的環境證據」。
In November 2019, police besieged protesters inside Polytechnic University, and 213 people were charged with rioting in Yau Ma Tei in an attempt to “besiege Wei to rescue Zhao”. In one case, 11 people were convicted after trial and sentenced to between 51 and 55 months’ imprisonment. Two of them, dissatisfied with their convictions, were heard last month on applications for leave to appeal, which were dismissed on the same day. The Court of Appeal said at the time that the grounds of appeal disclosed no reasonable arguable point.
In a judgment issued on Thursday (the 23rd), Court of Appeal judge Poon Man-ki said she disagreed that the prosecution had to prove the applicants had engaged in “active” acts of encouragement. She also disagreed that the trial judge had convicted them of participating in the riot solely because they were present at the scene. Rather, the trial judge had reached an overwhelming inference based on the cumulative effect of the circumstantial evidence.
The judgment specifically noted that the two men had fallen into a “common problem” in appeals involving similar cases: “overemphasising the lack of direct evidence while forgetting the cumulative effect and force of circumstantial evidence”, and misunderstanding the true significance of the “Lo Kin-man case”. It also said that not giving evidence at trial was another “common mistake”, namely “strengthening circumstantial evidence that was already overwhelming”.
23 Nov 2023法庭線#8692
7.21 Non-White-Shirt Case | Judge Chan Kwong-chi Rules Prima Facie Case Established Against Lam Cheuk-ting and Six Others on Riot Charges; All Seven Intend to Testify
前立法會議員林卓廷與另外 6 名「非白衣人」，被控 2019 年 7 月 21 日在元朗站暴動，周四（23 日）在區院展開第 22 天審訊，法官陳廣池裁定，7 名被告暴動罪表證成立，需要作出答辯。案件押後至 2024 年 3 月 5 日至 28 日續審，料屆時開始辯方案情。
辯方指，7 名被告均擬出庭作供。林擬另傳召 5 名辯方證人，其中一證人獲批匿名令；第三被告擬另傳一名證人。其餘 5 名被告則不傳證人。
法官一度指對審期「唔贊成亦都唔理想」。林卓廷一方指，他涉及高院原訟庭一宗案件，將於 11 月 29 日作結案陳詞。法官即稱，「咁一定要畀返原訟庭啦。」該案為民主派初選 47 人案，林被控「串謀顛覆國家政權」罪，他與另外 15 被告不認罪。
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirt” defendants were charged with rioting at Yuen Long Station on 21 July 2019. On Thursday (23rd), the 22nd day of the trial at the District Court, Judge Chan Kwong-chi ruled that a prima facie case had been established against all seven defendants on the riot charges and that they had a case to answer. The trial was adjourned to 5–28 March 2024, when the defence cases are expected to begin.
The defence said that all seven defendants intend to testify. Lam intends to call five additional defence witnesses, one of whom has been granted an anonymity order. The third defendant intends to call one additional witness. The other five defendants will call no witnesses.
The judge at one point said he was “not in favour” of and that it was “not ideal” to schedule the trial period as proposed. Lam’s side said he was involved in a case in the Court of First Instance, where closing submissions would be made on 29 November. The judge then said, “Then it must be given back to the Court of First Instance.” That case is the pro-democracy primary election 47-person case, in which Lam is charged with conspiracy to subvert state power. He and 15 other defendants have pleaded not guilty.
22 Nov 2023法庭線#8678
Chow Hang-tung’s June 4 incitement-to-assembly case reaches final appeal; DOJ says allowing challenge to police “ban” in trial could undermine rule of law
鄒幸彤 2021 年六四煽惑集結案，終審法院周三（22 日）審理律政司終極上訴。正因支聯會國安案還押的鄒幸彤，由懲教押送至終院，她身穿墨綠色長袖恤衫、束馬尾，戴黑框眼鏡，不時向公眾席親友咧嘴燦笑。5 法官聽畢雙方陳詞後，擇日頒下判詞。
律政司一方指，被告在刑事審訊中，不應獲准挑戰由警方發出集會「禁令」的合法性，否則會令公眾誤以為毋須遵守，導致削弱法治；又指若有不服應提司法覆核。再者，根據當時疫情，警方是「合理地」禁止舉行大型集會，保障公眾安全。
鄒幸彤一方反駁，被告應有權在刑事審訊中爭議「禁令」的合法性，而司法覆核又牽涉大量支出及資源，被告或需申請法援，亦可能被拒等；而警方應履行《公安條例》下的「積極責任」，提出容許集會的條件，如設人數限制等，減低傳染風險，而非斷言禁止。
開庭前，約 10 至 20 名中年人在終院外輪候旁聽。散庭後，記者問其中 3 人旁聽甚麼案件、被告名字等，他們急步離開，沒有回應。
The Court of Final Appeal heard the Department of Justice’s final appeal on Wednesday (22) in Chow Hang-tung’s 2021 June 4 incitement-to-assembly case. Chow, who is remanded in custody in the Hong Kong Alliance in Support of Patriotic Democratic Movements of China’s national security case, was brought to the Court of Final Appeal from prison. Wearing a dark green long-sleeved shirt, with her hair tied in a ponytail and black-framed glasses, she repeatedly grinned broadly at friends and relatives in the public gallery. The five judges reserved judgment after hearing submissions from both sides.
The Department of Justice argued that defendants should not be allowed to challenge the legality of a police-issued assembly “ban” during a criminal trial, as this could lead the public to mistakenly believe that it need not be obeyed and thereby weaken the rule of law. It also argued that anyone dissatisfied with the ban should seek judicial review. Moreover, given the pandemic situation at the time, the police had “reasonably” prohibited large-scale gatherings to protect public safety.
Chow’s side countered that defendants should have the right to dispute the legality of the “ban” during a criminal trial. Judicial review, it said, involved substantial expenditure and resources; a defendant might have to apply for legal aid, which could also be refused. The police should instead have fulfilled their “positive duty” under the Public Order Ordinance by proposing conditions under which an assembly could be held, such as a limit on attendance, to reduce the risk of infection, rather than imposing an outright ban.
Before the hearing began, about 10 to 20 middle-aged people queued outside the Court of Final Appeal to attend. After the hearing, reporters asked three of them which case they had attended and the defendant’s name. They hurried away without responding.
22 Nov 2023法庭線#8684
Two Men Charged with Criminal Damage over Alleged Misuse of Organ Donation System, Granted Bail
2023 年 5 月，取消器官捐贈登記數字急增。政府指有少數人「歪曲器官捐贈的利他奉獻精神」，甚至呼籲取消登記；特首李家超批評有人破壞登記系統。警方拘捕 4 人，指涉不誠實使用電腦取消登記，當中兩男被起訴刑毀，周三（22 日）在東區裁判法院首度提堂。
兩被告暫毋須答辯，辯方申請押後，以索取文件及法律意見。裁判官崔美霞遂押後 19 歲男生的案件至 12 月 20 日再訊；另一 47 歲設計師則押後至 2024 年 1 月 10 日訊；二人亦獲准保釋。
In May 2023, the number of cancellations of organ donation registrations surged. The government said a small number of people had “distorted the altruistic spirit of organ donation” and even called for registrations to be cancelled. Chief Executive John Lee Ka-chiu criticised people for undermining the registration system. Police arrested four people, alleging dishonest use of a computer to cancel registrations. Two men were charged with criminal damage and appeared for the first time at Eastern Magistrates’ Courts on Wednesday (22nd). Neither defendant was required to enter a plea, as the defense applied for an adjournment to obtain documents and legal advice. Magistrate Stephanie Tsui adjourned the case of the 19-year-old male student to December 20 for mention, and the case of the 47-year-old designer to January 10, 2024. Both defendants were granted bail.
17 Nov 2023法庭線#8660
Graffiti of “Freedom” Across Hong Kong: Artist Admits 20 Counts of Criminal Damage, Says He Was Expressing Economic Pressure Under Caution
2023 年初，警方在香港多處包括中學牆身、貨車上，發現由「自由」及金錢符號組成的塗鴉，事後拘捕一名 40 歲藝術家。他警誡下承認因香港經濟下滑、收入減少，感到家庭經濟壓力，以塗鴉表達財務自由的重要性及抒發感受。
案件周五（17 日）在九龍城裁判法院首度提堂，藝術家承認 20 項刑事毀壞罪。裁判官余俊翔指，被告不僅塗鴉公共財產，還有私人財產，「唔能夠樣樣事情，都以藝術之名做」。他批准被告保釋至 12 月 7 日判刑，候索取感化官及社會服務令報告，強調所有判刑選項包括監禁仍然開放。
In early 2023, police found graffiti made up of the word “freedom” and money symbols at various locations in Hong Kong, including secondary school walls and a lorry. They subsequently arrested a 40-year-old artist. Under caution, he admitted that Hong Kong’s economic downturn and his reduced income had left him feeling financial pressure within his family, and that he used graffiti to express the importance of financial freedom and his feelings.
The case came before Kowloon City Magistrates’ Courts for the first time on Friday (the 17th). The artist admitted 20 counts of criminal damage. Magistrate Peter Chun Cheung Yu said the defendant had graffitied not only public property but also private property, adding that “not everything can be done in the name of art”. The magistrate granted him bail until sentencing on 7 December, pending probation officer and community service order reports, and stressed that all sentencing options, including imprisonment, remained open.
16 Nov 2023集誌社#8652
Hair-Length Ban｜Two Former Students Sue Alma Maters, Say Rule Banning Boys from Growing Long Hair Breaches Disability and Sex Discrimination Ordinances
兩位學生周三（ 15日）入稟法院，提出民事訴訟，挑戰母校禁男生留長髮的校規。東華三院黃笏南中學畢業生林澤駿、天水圍循道衛理中學畢業生黃永熙，認為有關校規違反《殘疾歧視條例》及《性別歧視條例》。林澤駿表示，唯一有效可解決問題的方法，是由法院處理，希望透過訴訟，令法庭宣布髮禁令有違反歧視條例。
已畢業的林澤駿和黃永熙，周三在法院外以長髮示人，講解入稟心路。林澤駿表示，香港男女校的校規，男女之間有分別，「點解女仔天生適合留長頭髮，男仔唔適合？」他認為，有關規定有性別歧視。
Two students filed a civil lawsuit in court on Wednesday (15th), challenging their former schools’ rules banning boys from growing long hair. athan Lam Chak Chun, a graduate of TWGHs Wong Fut Nam College, and Wong Wing-hei, a graduate of Tin Shui Wai Methodist College, believe that the rules breach the Disability Discrimination Ordinance and the Sex Discrimination Ordinance. athan Lam Chak Chun said the only effective way to resolve the issue was through the courts, and hoped the proceedings would lead the court to declare that the hair-length ban violated the discrimination ordinances.
The graduates, athan Lam Chak Chun and Wong Wing-hei, appeared outside the court with long hair on Wednesday and explained their reasons for filing the case. athan Lam Chak Chun said that the rules of co-educational schools in Hong Kong differed between boys and girls: “Why are girls naturally suited to having long hair, while boys are not?” He believed that the relevant rules constituted sex discrimination.
16 Nov 2023集誌社#8653
Four Years After the University Clashes | Review of Nearly 200 Judgments Tracks the Current Status of 327 Defendants in CUHK and PolyU Riot Cases
四年前 11 月，反修例運動期間多間大學爆發警民衝突；其中，中大和理大衝突最激烈，兩所院校合共逾 1400 人被捕。四年過去，被捕的 1400 人中多少人被檢控、被定罪？警方拒提供最新數字。
《集誌社》翻查近 200 份法庭判案書、綜合傳媒報道，統計到兩間大學衝突中，最少 327 人被控暴動，其中 317 人涉理大衝突、另外 10 人涉中大衝突。327 名被告暴動人士中，221 人經審訊後罪成或認罪，最長被判刑 68 個月；而當中最少 23 人案發時 不足 18 歲，其中四人被判囚 30 至 60 個月。
Four years ago in November, clashes between police and protesters erupted at several universities during the anti-extradition bill movement. The clashes at CUHK and PolyU were the most intense, and more than 1,400 people were arrested at the two institutions combined. Four years on, how many of those arrested have been prosecuted or convicted? The police declined to provide the latest figures.
《集誌社》reviewed nearly 200 court judgments and collated media reports, finding that at least 327 people were charged with rioting in connection with the clashes at the two universities: 317 in relation to the PolyU clashes and 10 in relation to the CUHK clashes. Of the 327 defendants charged with rioting, 221 were convicted after trial or pleaded guilty; the longest sentence was 68 months. At least 23 of them were under 18 at the time of the incidents, and four were sentenced to between 30 and 60 months in prison.
16 Nov 2023法庭線#8654
7.21 non-white-shirted people case | Two officers monitoring CCTV repeatedly reported gatherings and fights; district command room replied
控方先後傳召駐元朗站監察閉路電視的兩名便衣警作供。綜合目前庭上證供，兩人多次向元朗警區行動室匯報聚集、打鬥，最早一次匯報是當晚約 9 時半後，警長指留意到「人群多咗，聚集多咗」，遂作匯報；至 10 時半後 ，他發現有打鬥，曾匯報逾 10 次。
另一警員則供稱，10 時許「見到白衫揸棍揸牌」進站，至 10 時 40 分有追逐、打鬥發生，遂作匯報；約 10 時 48 分，大堂中間有多人聚集，閘機外有多名白衣人，他再匯報。兩警引述行動室數次回覆，分別稱「我哋知道㗎啦，得啦 OK 啦」、「知道我哋處理緊」等等。
據辯方盤問時引述警員匯報，10 時 52 分有 3 名軍裝警到站，當時發現已約 100 白衫人「叫囂、喊打」，3 人求援後撤退。據早前庭上證供，快速反應部隊約 11 時獲指示前往元朗站，約於 15 分鐘後到達。案件周五續。
The prosecution successively called two plainclothes officers stationed at Yuen Long Station to monitor CCTV to testify. Based on the evidence given in court so far, the two officers repeatedly reported gatherings and fights to the Yuen Long Police District operations room. The earliest report was made shortly after about 9:30pm that night, when a sergeant noticed that “there were more people, and more gatherings”, and made a report. After 10:30pm, he noticed fighting and reported it more than 10 times.
The other officer testified that at around 10pm he “saw people in white shirts carrying sticks and shields” entering the station. When chasing and fighting broke out at 10:40pm, he made a report. At about 10:48pm, he reported again after seeing many people gathered in the middle of the concourse and several white-shirted people outside the turnstiles. The two officers quoted several replies from the operations room, including: “We know, that’s enough, OK?” and “We know, we’re handling it.”
During defence questioning, reports cited by the officers stated that three uniformed police officers arrived at the station at 10:52pm. They found about 100 white-shirted people “shouting and calling for a fight”. The three officers withdrew after requesting assistance. According to earlier evidence in court, the Rapid Response Team was instructed to go to Yuen Long Station at around 11pm and arrived about 15 minutes later. The case continues on Friday.
Translations are supplied by the source workbook. Consult the original reporting for context.
