24 Jul 2023法庭線#8067
Man admits inciting attacks on police on LIHKG; sentenced to 7 months after guilty plea and low reoffending risk considered
23 歲助理工程師被指在 2019 及 2020 年間，在「連登討論區」發帖指「要捉落單狗殺」、「要一擊斃命嘅武器，有幾尖得幾尖」等，被控 2 項「煽惑他人有意圖而導致身體受嚴重傷害」罪，周一（24 日）在區域法院承認其中一罪，被判囚 7 個月。
法官姚勳智形容，被告所為「可謂血腥、殘暴」，加上帖文有逾 200 人附和，案情嚴重，但考慮到他坦白認罪、重犯機會低，求情信內容顯示他獲家人、朋友支持，決定將量刑起點盡量下調，以 12 個月為量刑起點。法官寄語被告在獄中好好反省，「出返嚟努力工作，唔好再干犯任何罪行，報答你嘅家人」。
A 23-year-old assistant engineer was accused of posting messages on the LIHKG Discussion Forum in 2019 and 2020 saying, among other things, “catch lone dogs and kill them” and “a weapon capable of killing with one blow—the sharper the better”. He was charged with two counts of inciting others with intent to cause grievous bodily harm, and pleaded guilty to one count at the District Court on Monday (24th). He was sentenced to seven months’ imprisonment.
Judge Yiu Fan-chi described the defendant’s conduct as “bloody and brutal”. The case was serious, with more than 200 people endorsing the posts. However, taking into account his guilty plea, low likelihood of reoffending, and the support shown by his family and friends in letters of mitigation, the judge decided to reduce the starting point for sentencing as far as possible, setting it at 12 months. The judge urged the defendant to reflect properly in prison, saying: “Work hard after you come out, do not commit any more offences, and repay your family.”
21 Jul 2023獨媒#8051
Fanling Golf Course Seeks Judicial Review of EIA Decision; Development Bureau Says Land Resumption Unaffected
全力反對「被收地」的香港哥爾夫球會，今日就「粉嶺高爾夫球場用地局部發展技術研究——可行性研究」的環境影響評估決定提出司法覆核。發展局晚上表示，不影響政府於今年9月1日收回32公頃土地，亦不影響正進行的城規程序。
The Hong Kong Golf Club, which strongly opposes the resumption of its land, today applied for a judicial review of the environmental impact assessment decision for the “Technical Study on Partial Development of Fanling Golf Course Site—Feasibility Study”. The Development Bureau said this evening that the application would not affect the government’s resumption of 32 hectares of land on 1 September this year, nor the ongoing town planning procedures.
21 Jul 2023法庭線#8053
7.21 Yuen Long | Four men charged with rioting and conspiracy to wound four years later; one granted High Court bail
元朗 7.21 襲擊事隔 4 年，再多 4 名男子於 7 月初被落案起訴暴動及串謀傷人罪，4 人須還押候訊。據了解，被告均為白衣人。當中一名 43 歲男子周五（21 日）於高等法院申請保釋，控方提出反對。暫委法官胡雅文聽畢雙方陳詞後，批准被告保釋。
被告鄭文傑（43 歲，商人）獲准以 10 萬元現金保釋，保釋期間不得離境，須交出所有旅遊證件，居於報稱地址，每周 3 次到警署報到。案件將於 9 月 15 日再訊，以待準備轉介區域法院文件。
Four more men were charged in early July, four years after the 7.21 Yuen Long attack, with rioting and conspiracy to wound. The four were remanded in custody pending trial. It is understood that all the defendants were men in white. One of them, a 43-year-old man, applied for bail at the High Court on Friday (21st), but the prosecution opposed the application. After hearing submissions from both sides, acting judge Amanda Jane Woodcock granted bail to the defendant.
The defendant, Cheng Man-kit (43, businessman), was granted bail of $100,000 in cash. During the bail period, he must not leave Hong Kong, must surrender all travel documents, reside at his reported address and report to a police station three times a week. The case will return on 15 September for mention pending preparation of documents for transfer to the District Court.
21 Jul 2023法庭線#8054
Glory to Hong Kong Injunction Case Ruling Due Next Friday; Chow Hang-tung’s Application to Intervene Rejected, Judge Says She Has No Standing to Defend
政府就《願榮光歸香港》申請禁制令案，禁止公眾播放或彈奏歌曲《願榮光》，周五（21 日）在高等法院處理臨時禁制令申請。律政司一方指，在 2019 年反修例運動中，《願榮光》可引發煽動分裂國家的情緒，認為傳播歌曲構成國安風險，強調非針對合法新聞工作。
以獨立身分提供協助的「法庭之友」代表則指，法庭要考慮，禁制令所帶來的寒蟬效應及不確定性，又指港府越禁制《願榮光》，或觸發越多人犯禁，形容是「欲蓋彌彰」。法官陳健強聽畢陳詞，押後至下周五（28 日）頒下裁決。
至於早前表明有意提出抗辯、因支聯會案正還押的鄒幸彤，據了解，她早前以個人身分向登記處存檔文件被拒。鄒其後透過資深大律師李志喜、大律師梁麗幗提出抗辯，亦遭律政司反對。法官陳健強日前書面通知鄒幸彤一方，指鄒沒犯下禁制令下所指的 4 項行為，故「沒有資格（no standing）」介入案件。
律政司發言人回覆查詢指，由於案件的法律程序正在進行中，律政司不會對案件細節作評論。
In the government’s application for an injunction against Glory to Hong Kong, which seeks to prohibit the public from broadcasting or playing the song, the High Court dealt with the application for an interim injunction on Friday (21st). The Department of Justice argued that during the 2019 anti-extradition bill movement, Glory to Hong Kong could arouse sentiments inciting secession and that disseminating the song posed a national security risk, stressing that the application did not target lawful news reporting.
The amicus curiae, which provided assistance independently, said the court had to consider the chilling effect and uncertainty brought about by the injunction. It also said that the more the Hong Kong government prohibited Glory to Hong Kong, the more people might be prompted to breach the prohibition, describing this as “trying to cover up but only making matters more obvious”. After hearing the submissions, Judge Anthony Kin Keung Chan adjourned the case until next Friday (28th) to hand down the ruling.
As for Chow Hang-tung, who had earlier indicated that she intended to put forward a defence and is remanded in custody in connection with the Hong Kong Alliance case, it is understood that her earlier attempt to file documents with the Registry in her personal capacity was rejected. Chow subsequently sought to put forward a defence through Senior Counsel Gladys Veronica Chi Hei Li and Barrister Yvonne Lai Kwok Leung, but this was also opposed by the Department of Justice. Judge Anthony Kin Keung Chan notified Chow Hang-tung’s side in writing earlier that she had not committed the four acts specified under the injunction and therefore had “no standing” to intervene in the case.
A Department of Justice spokesperson said in response to an inquiry that, as legal proceedings in the case were ongoing, the department would not comment on details of the case.
21 Jul 2023法庭線#8055
Ronson Chan denies obstructing police while reporting; verdict adjourned to Sept. 25
網媒《Channel C》多媒體製作主任、記協主席陳朗昇，去年 9 月在旺角麥花臣場館採訪元朗朗屏邨業主大會期間，被指拒向警員出示身份證被捕。他被警方落案起訴一項「阻差辦公」罪及交替的「阻礙公職人員」罪，陳否認兩項控罪，案件周五（21 日）在西九龍裁判法院作結案陳詞。
針對辯方指陳朗昇與截查的便衣警員之間，接觸不多於 30 秒，控方認為，法庭應考慮整體證據，以及被告的行為是否構成阻撓警員。控方又指，法例沒列明警員需要不斷要求被告出示身份證，法庭應考慮自截查警員接觸陳，直至陳被捕之間的整體行為。
Ronson Chan, multimedia production director of online media outlet Channel C and chairperson of the Hong Kong Journalists Association, was arrested last September while covering a homeowners’ meeting of Long Ping Estate in Yuen Long at MacPherson Stadium in Mong Kok. He was accused of refusing to show his identity card to police. Police charged him with one count of obstructing a police officer in the execution of his duty, with an alternative charge of obstructing a public officer. Chan denied both charges. The case concluded with closing submissions at the West Kowloon Magistrates’ Courts on Friday (the 21st). In response to the defence’s submission that Chan’s contact with the plain-clothes police officer who stopped him lasted no more than 30 seconds, the prosecution said the court should consider the evidence as a whole and whether the defendant’s conduct constituted obstruction of the officer. The prosecution also said the law does not specify that police officers must repeatedly ask a defendant to produce an identity card, and that the court should consider the defendant’s conduct as a whole from the time the officer stopped Chan until his arrest.
21 Jul 2023法庭線#8056
Man in His Sixties Denies Unlicensed Street Erhu Performance; Prosecution Says ‘Glory to Hong Kong’ Is Seditious, Defendant Alleges ‘Political Persecution’
曾經在東涌以二胡演奏《願榮光》，被票控無牌演奏，最終獲裁無罪的六旬翁李解新，再被指於 2021 年及 2022 年在港鐵旺角東站、大圍站和中環拉二胡，涉無牌演奏及籌款。他否認 7 項傳票控罪，案件周五（21 日）在沙田裁判法院開審。
控方傳警司陳榮解釋《願榮光》具煽動性，陳指示威者經常在唱歌後高呼「光復香港，時代革命」，經驗顯示當歌曲出現、「佢哋（示威者）係會激進咗」。舉報被告拉奏二胡的途人則指，「啲暴徒經常性播呢隻歌」，認為樂曲「滋擾」、「感覺不良」，逐拍片報警。
被告沒有法律代表，親自盤問證人。他同意自己當時無許可證演奏音樂，但強調街頭藝術受《國際公約》保障，又質疑當局「用這麼多的警力對待一個香港伯伯」，實際上為「政治迫害」，案件 7 月 24 日續。
Lee Kai-sun, a man in his sixties who was previously acquitted after being charged with performing “Glory to Hong Kong” on the erhu in Tung Chung without a licence, was accused of playing the erhu at Mong Kok East, Tai Wai and Central MTR stations in 2021 and 2022 without a licence and of soliciting donations. He denied seven summons charges. The case opened on Friday (the 21st) at Sha Tin Magistrates’ Courts.
The prosecution called Superintendent Chan Wing to explain why “Glory to Hong Kong” was considered seditious. Chan said protesters often shouted “Liberate Hong Kong, revolution of our times” after singing, and that experience showed they became “more radical” when the song was played. A passer-by who reported Lee playing the erhu said that “rioters often play this song”, considered the music “a nuisance” and felt it created “a bad impression”, so he filmed it and called the police.
Lee had no legal representation and questioned the witnesses himself. He agreed that he had not had a permit to perform music at the time, but stressed that street art was protected by the International Covenant. He also questioned the authorities’ decision to “use so much police manpower to deal with a Hong Kong uncle”, saying it was in fact “political persecution”. The case will continue on 24 July.
21 Jul 2023法庭線#8057
Apple Daily company sued in small-claims action; judge rules car-rental firm wins and awards $34,000
已停刊的《蘋果日報》公司被一間租車公司入稟小額錢債審裁處，指其沒有繳交汽車保險、維修等費用，追討逾 3.6 萬元欠款。審裁官陸惠雅周五（21 日）裁定原告勝訴，下令《蘋果》須支付其中 3.4 萬元。
根據申索書，原告為「大昌行汽車租賃」，被告為指「蘋果有限公司」。原告指被告沒有根據合約訂明，按時繳付汽車保險、維修費等 27 項費用，合共逾 3.6 萬元。《蘋果》一方由清盤人派員代表出席聆訊。
The company behind the now-defunct Apple Daily was sued by a car-rental company in the Small Claims Tribunal over alleged unpaid car insurance, maintenance and other expenses, seeking more than $36,000 in outstanding payments. Tribunal adjudicator Vienne Wai Nga Luk ruled in favour of the plaintiff on Friday (the 21st), ordering Apple Daily to pay $34,000 of the amount claimed.
According to the claim, the plaintiff was Dah Chong Hong Car Rental and the defendant was Apple Daily Limited. The plaintiff said the defendant had failed to pay 27 items of expenses, including car insurance and maintenance fees, on time as stipulated in the contract, totalling more than $36,000. Apple Daily was represented at the hearing by a person appointed by its liquidator.
20 Jul 2023法庭線#8038
Two Charged with Conspiracy to Collect Property for Terrorist Acts; Remanded Until Aug. 28, Man Held for More Than 43 Months
10 人被指於 2019 年串謀殺害警察，被控《反恐條例》「對訂明標的的爆炸的禁制罪」及「串謀謀殺」等罪。10 人當中，其中一名 24 歲男子，被指與另一名女子干犯「串謀提供或籌集財產以作出恐怖主義行為」罪，案件周四（20 日）在東區裁判法院提訊。
Ten people were accused of conspiring to murder police officers in 2019 and charged under the Counter-Terrorism Ordinance with offences including prohibition of bombing a prescribed target and conspiracy to murder. One of the 10, a 24-year-old man, was accused of committing the offence of conspiring with another woman to provide or collect property for carrying out terrorist acts. The case was brought before the Eastern Magistrates’ Courts on Thursday (20th) for mention.
20 Jul 2023法庭線#8039
July 1 LegCo Case | Prosecution Says Flag-Raising Ceremony Would Make Defendant Proud; He Says He Watched It for Its Ceremonial Feel
七一立法會暴動案，周四（20 日）在西九龍裁判法院（暫代區院）踏入第 30 天審訊。案發時 25 歲男被告早前爭議招認的自願性，暫委法官李志豪最終裁定會面紀錄等證供均可呈堂。
被告早前供稱案發當日欲觀看升旗禮，惟到達金鐘時已完結，遂轉到銅鑼灣參與遊行。控方周四盤問指，升旗禮是支持政府的活動，會令被告引以為傲；被告指沒此想法，當時因有儀式感而觀禮，並否認欲與其他示威者破壞升旗禮。控方另質疑被告以現金支付車資，是想避免被追蹤行程；被告不同意，稱不肯定八達通是否負錢。
The trial of the defendant in the July 1 Legislative Council riot case entered its 30th day at the West Kowloon Magistrates’ Courts, sitting as the District Court, on Thursday (the 20th). The 25-year-old male defendant had earlier challenged the voluntariness of his admissions made at the time of the incident. Acting Judge Juleus Chee Ho Lee ultimately ruled that evidence including records of interviews could be admitted.
The defendant had earlier testified that he wanted to watch the flag-raising ceremony on the day of the incident, but that it had ended by the time he arrived in Admiralty, so he went to Causeway Bay to take part in a march. During cross-examination on Thursday, the prosecution said the flag-raising ceremony was an activity supporting the government and would make the defendant feel proud. The defendant said he did not have that thought at the time and watched the ceremony because of its sense of ceremony. He also denied intending to disrupt the flag-raising ceremony with other protesters. The prosecution further questioned whether he had paid his fare in cash to avoid having his movements tracked. The defendant disagreed, saying he was unsure whether his Octopus card had a negative balance.
20 Jul 2023法庭線#8040
Man Jailed 3 Months for Replacing National Anthem in Cheung Ka-long Gold Medal Video with “Glory to Hong Kong”; Judge Rejects Claim He Did Not Know Song’s Meaning
香港劍擊隊代表張家朗 2021 年奪得奧運金牌，一名 27 歲男子被指將頒獎片段中的國歌，換上《願榮光歸香港》並發布至 YouTube，早前被裁定侮辱國歌罪罪成，還押至周四（20 日）在東區法院被判囚 3 個月，為首宗經審訊後被定罪的「侮辱國歌罪」案件。
Hong Kong fencing team representative Cheung Ka-long won an Olympic gold medal in 2021. A 27-year-old man was accused of replacing the national anthem in footage of the medal ceremony with “Glory to Hong Kong” and uploading it to YouTube. He was earlier found guilty of insulting the national anthem and was sentenced to three months in prison at the Eastern Magistrates’ Court on Thursday (20th). He is the first person to be convicted after trial in an insulting-the-national-anthem offence case.
Translations are supplied by the source workbook. Consult the original reporting for context.
