23 May 2023獨媒#6481
反修例6,000人告定唔告？李家超：「劃線」不切實際 交警方處理
More than 10,000 people were arrested during the anti-extradition bill protests, but about 6,000 have still not been informed whether they will be prosecuted. Commissioner of Police Chris Tang said in February this year that the cases had entered their final stage and that he expected an announcement within the month. Four months have passed without any news. Chief Executive John Lee said today that a case-handling timetable not based on consideration of the evidence would be “impractical” and might not be in keeping with the spirit of the rule of law.
反修例運動期間逾一萬人被捕，惟約6,000人仍未獲通知是否會被落案檢控。警務處處長蕭澤頤今年2月曾稱已進入最後階段，期待於月內公布。惟四個月過去仍未有消息，行政長官李家超今日表示，不基於證據考慮的處理案件時間表是「不切實際」，未必符法治精神。
19 May 2023法庭線#6467
8.31太子旺角｜3男暴動、非法集結等罪成 判囚8月至5年半
On 31 August 2019, clashes occurred inside MTR stations in Mong Kok and Prince Edward. The MTR Corporation announced station closures over an “emergency incident”, while riot police entered the stations and subdued and arrested a number of people using batons and other means. Three male students denied charges including riot, unlawful assembly and assault. After trial, all three were convicted of their remaining offences, while the third defendant was acquitted of robbery. They were sentenced on Friday (19th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the District Court, to between 8 months and 5½ years’ imprisonment.
Acting Judge Tsui Yee-wai said protesters had been highly agitated that night, blocking traffic and shouting slogans that incited and promoted hatred of the police and the government, deepening social divisions. The judge criticised the protesters’ conduct as “bullying the weak, distorting right and wrong, being high-handed and unreasonable”, saying that passengers had taken out hammers to defend themselves and that the situation was extremely chaotic, with violence on the verge of breaking out.
Regarding the first defendant’s participation in the unlawful assembly in Mong Kok, the judge said he had worn black and placed himself among the protesters, clearly having come prepared, and encouraged those present. The judge also said the other two defendants had played active and proactive roles. In addition to firing slingshots, they had verbally abused passengers in a “fighting stance”, adding fuel to the fire and laying the fuse for the riot and assault incidents that later occurred at Prince Edward station.
2019 年 8 月 31 日，旺角及太子港鐵站內發生衝突，港鐵以「緊急事故」宣布封站，防暴警進站以警棍等制服和拘捕多人。3 名男生否認暴動、非法集結、襲擊等罪，經審訊後，除第三被告面對的搶劫罪獲判無罪外，3 人其餘罪行均罪成，周五（19 日）在西九龍裁判法院（暫代區院），被判囚 8 個月至 5 年半不等。
暫委法官徐綺薇形容，當晚示威者情緒高漲，堵塞交通並高叫口號，煽動、鼓吹對警方和政府的仇恨，加深社會撕裂。法官批評，示威者行為「恃強凌弱、顛倒是非、態度蠻橫及不可理喻」，以致有乘客取出搥仔防衛，情況極度混亂，暴力事件一觸即發。
針對參與旺角非法集結的首被告，法官指他穿黑衣置身示威者之中，明顯有備而來，鼓勵在場示威者。法官又指，其餘 2 名被告角色主動、積極，除用彈叉射擊外，亦「戰鬥格」謾罵乘客，行為火上加油，為稍後發生的太子站暴動和襲擊事件埋下導火線。
17 May 2023法庭線#6448
11.11馬鞍山「火燒人」｜夫婦涉指罵事主、受審後擾亂秩序行為無罪 律政司提上訴
On 11 November 2019, a middle-aged man in Ma On Shan chased and verbally abused black-clad people suspected of damaging MTR facilities to a footbridge at Bayshore Gardens. He later got into an argument with people, was splashed with flammable liquid and set alight, leaving his entire body on fire. A couple were alleged to have sworn at the man and told him, “Go back to the Greater Bay Area” and “Leave, Chinese.” They were previously charged with disorderly conduct in a public place but were acquitted after trial. Dissatisfied with the verdict, the Department of Justice lodged an appeal by way of case stated. The case was heard in the High Court on Wednesday (17th). After hearing submissions from both sides, Judge Cheung Wai-ling reserved judgment.
The Department of Justice argued that the trial magistrate had failed to consider that the middle-aged man was not merely “all talk and no action”. It said he had earlier grabbed another man by the collar, was emotionally agitated and had used foul language to abuse others. When he intended to leave, the couple’s verbal abuse caused him to turn back. The magistrate had overlooked whether the man was quite likely to act in a way that would breach the peace, or use or threaten to use force, because of the couple’s words and conduct. The barrister representing the couple questioned this, saying that if their conduct had caused the middle-aged man to attack them, “it seems they should be the ones charged—could it be the first witness [the middle-aged man]?”
2019 年 11 月 11 日，一名中年漢在馬鞍山，追罵疑破壞港鐵設施的黑衣人至海柏花園行人天橋，及後再與人爭執，被淋潑易燃液體及點火，全身着火。一對夫婦被指曾講粗口，叫中年漢「返大灣區啦」、「你走啦，中國人」等，早前被控在公眾地方作出擾亂秩序的行為罪，經審訊後被裁定罪名不成立。律政司不服裁決，以案件呈述方式提出上訴。案件周三（17 日）在高院處理。法官張慧玲聽畢雙方陳詞後，擇日頒下判詞。
律政司一方指，原審官當時沒有考慮涉案中年漢並非「只口講唔郁手」，指他事前曾動手拉扯另一男子的衣領，情緒激動，又用粗口指罵他人。到他打算離開時，兩夫婦指罵他令他回頭。原審官忽略了中年漢會否因二人的言行，而相當可能作出破壞社會安寧的行為，使用或威脅使用武力。代表兩夫婦的大律師則質疑，若二人的行為引致中年漢襲擊自己，「似乎應該要俾人告嘅，會唔會係第一證人（即中年漢）呢？」
17 May 2023法庭線#6449
11.10 又一城｜餐廳東主被指連襲四警兼搶犯全部罪脫 律政司事隔一年提上訴
During a “Shop with You” action at Festival Walk on 10 November 2019, a 36-year-old restaurant owner was accused of repeatedly attacking four police officers and attempting to snatch an arrested person. He was charged with five offences, including assaulting police officers and assisting another person to escape. Following trial, he was acquitted of all charges in April 2022. More than a year later, the Department of Justice, dissatisfied with the verdict, lodged an appeal by way of case stated last Thursday (11th).
2019 年 11 月 10 日又一城「和你 shop」行動中， 36 歲餐廳東主被指連環襲擊 4 名警員及企圖「搶犯」，被控襲警、協助他人逃離共 5 罪。案件經審訊後，他在 2022 年 4 月被裁定所有罪名不成立。事隔逾一年，律政司不服裁決，上周四（11 日）以案件呈述方式提出上訴。
17 May 2023獨媒#6454
西環海都樓法團拒開大會 遭入稟土審、銀行戶口被凍結
Hoi To House in Sai Wan became embroiled in a major renovation dispute last year. After owners from the former “enlightened faction” resigned, a new chairperson was “elected” through a management committee meeting. The owners’ corporation also refused to hold a general meeting to re-elect the committee despite a joint request signed by 5% of the owners, and proceedings were filed with the Lands Tribunal. In April this year, The Bank of East Asia froze the corporation’s account. The major renovation works, which were already under way, were close to being suspended, while water, electricity and security services were also expected to cease shortly. At a management committee meeting held by the corporation yesterday, only one owner was allowed to attend. After the meeting, several owners demanded that the chairperson explain the situation. The chairperson did not respond and instead reported that someone had indecently assaulted them. Police arrived and arrested a man.
西環海都樓自去年捲入大維修爭議，原屬「開明派」的業主請辭後，新任主席透過管委會會議「補選」，法團亦拒絕應5%業主聯署，召開大會重選，遭入稟土地審裁處。今年4月，東亞銀行凍結法團的戶口，正進行的大維修接近停工，連水電及保安服務亦不日停擺。昨日法團舉行管委會會議，只容許一名業主列席。多名業主在會後要求主席交代，主席未有回應，更報警稱有人非禮，警方到場後拘捕一名男子。
16 May 2023法庭線#6446
11.18油麻地｜10男女暴動罪成囚45至58月 官盼機構「彈性處理」被告專業資格
In November 2019, with the Polytechnic University campus surrounded by police, members of the public went to Yau Ma Tei in an attempt to “besiege Wei to rescue Zhao” and clashed with police officers. More than 200 people were charged with rioting. Those arrested were dealt with in multiple cases. Nine people who pleaded not guilty were convicted after trial, while another female nurse in the same case pleaded guilty before the trial began. The 10 defendants were sentenced at the District Court on Tuesday (the 16th).
Judge Anthony Kai On Kwok said the protesters in the case numbered as many as 2,000 at the peak, making it one of the largest incidents in the anti-extradition amendment cases, while there were only about 200 police officers—“one against ten”, as it were. The judge also said the protesters were carrying equipment including goggles and gas masks, showing clearly that they had come prepared. They threw at least more than 200 petrol bombs that day; their number and density showed that the incident was not spontaneous but had been carefully planned. The judge condemned the rioters as selfish and self-serving, saying that they had disrupted public order because of their personal beliefs and dissatisfaction with the state of society, causing extreme disturbance to the public and innocent economic losses to members of the public.
The judge said it was tragic for the individuals, their families and society to impose long-term imprisonment on several young people aged between 20 and 30. Each defendant also had a unique family background. However, precedents showed that rioting was a serious offence, and family circumstances were not grounds for reducing the sentence. In the end, the defendant who pleaded guilty was jailed for 45 months, while the other nine were jailed for between 50 and 58 months. Among the defendants were a registered nurse and an auditor. The judge specifically said he hoped the relevant organisations could handle the defendants’ professional qualifications “flexibly” and “treat young people who have committed offences with a tolerant attitude”.
2019 年 11 月理大校園被警方包圍，有市民發起到油麻地「圍魏救趙」與警員爆發衝突，逾 200 人被控暴動。被捕者分成多案處理，其中 9 人不認罪受審後全部罪成，另同案一名女護士開審前認罪，10 人周二（16日）在區域法院判刑。
法官郭啟安稱，本案示威者人數眾多，最高峰達 2 千人，為反修例案中最大規模之一，惟警員僅約 200 人，可謂「以一敵十」。法官又指，示威者攜有護目鏡、防毒面具等裝備，明顯有備而來，且他們當日投擲至少 200 多枚汽油彈，數量及密度可見非即興發生，而是有周詳計劃。法官斥暴徒自私自利，因個人理念、不滿社會現況而破壞社會安寧，對公眾造成極大滋擾，令市民蒙受無辜經濟損失。
法官稱，要對多名 20 至 30 歲的年輕人判長期監禁，對個人、家庭、社會均屬悲劇，且各被告有獨特家庭背景，惟案例指暴動為嚴重罪行，家庭因素非減刑理由，最後除認罪被告被判囚 45 個月外，其餘 9 人判囚 50 至 58 個月。被告當中，有人為註冊護士及審計員，法官特別提到，希望有關機構可「彈性處理」被告的專業資格、「寬容態度對待犯事嘅年青人」。
12 May 2023法庭線#6431
32歲男子認呼籲「藍店播毒」等3煽惑罪 判囚11個月
A 32-year-old repair worker was accused of calling on confirmed COVID-19 patients on the LIHKG discussion forum to “go around spreading the virus”, and of posting statements advocating harm to judges and police officers. He pleaded guilty at the District Court on Friday (12th) to three offences, including inciting another to intentionally cause harm, and was sentenced to 11 months’ imprisonment. The remaining two charges were dealt with by plea agreement and left on the court file.
Judge Clement Lee said inciting others to commit violence was a serious offence for which immediate imprisonment was unavoidable. However, the defendant was not a public figure; the statements concerning killing judges and attacking police officers were relatively general, the posts drew no response, and there was no specific plan to carry them out. No serious attacks on police officers occurred after the posts were published, so his culpability was lower than in other cases. The defendant had also cooperated during the investigation and his guilty plea showed genuine remorse. The judge believed that, “after this painful lesson”, he was unlikely to reoffend.
In mitigation, defence counsel Kwan Pak-on said the defendant’s remarks were “absolutely offensive, without a doubt”, but “fortunately, there was not even the slightest response”. He described the defendant as a “keyboard warrior” who was merely “rambling” in the virtual world online, and said that “if there were a person in front of him, he would not really want to hurt them”.
32 歲男維修工人被指在「連登討論區」呼籲新冠肺炎確診者「四圍去播毒」，以及曾發布涉及鼓吹傷害法官、警員的言論，周五（12日）在區域法院承認「煽惑他人有意圖而傷人」等 3 罪，被判囚 11 個月。餘下兩罪則達認罪協商，存檔法庭。
法官李慶年指，煽惑他人干涉暴力屬嚴重罪行，即時監禁無可避免。但考慮被告不是名人，其中涉殺害法官、襲警的言論較概括，帖文沒引來回應，亦沒具體計劃執行，發布後亦沒發生嚴重襲警行為，罪責較其他案例低；加上被告調查期間合作、認罪見有真正悔意，相信他「經過是次慘痛教訓後」，重犯機會不高。
辯方大狀關百安求情時指，被告發言內容「絕對係令人反感，毫無疑問」，但「好彩丁點回應都無」，形容被告是「鍵盤戰士」，只是在網上虛擬世界「亂嗡」，「有個人喺佢面前唔會真係想傷害佢」。
12 May 2023法庭線#6432
涉用假「安心」侵入入境大樓 政府外判工程師罪成 判160小時社服令
The Government required everyone entering government premises to scan the “LeaveHomeSafe” QR code from 1 November 2021. Five people, including three civil servants, allegedly used fake LeaveHomeSafe records to enter the Wan Chai Immigration Tower on the morning the measure took effect. Each was charged with “trespassing on premises controlled or managed by a public body”.
One of them, a government outsourced testing engineer at the time, was earlier convicted and granted bail after being remanded for 14 days. Magistrate Edward Ching Yu Wong earlier said a custodial sentence could have been imposed, but accepted that the defendant was remorseful. On Friday (the 12th), at Eastern Magistrates’ Courts, the defendant was sentenced to 160 hours of community service in accordance with the report’s recommendation. The remaining defendant, a former Immigration Department staff member, pleaded not guilty, and the case is scheduled to go to trial on 24 May.
政府規定 2021 年 11 月 1 日起，凡進入政府處所均須掃描「安心出行」二維碼。5 人包括 3 名公務員，於措施生效當日早上，涉使用假「安心」進入灣仔入境事務大樓，各被控「侵入公共機關管轄或管理的物業單位」罪。
其中一名時任政府外判測試工程師早前被裁定罪成，還押 14 日後獲准保釋。裁判官王證瑜早前指本可判監，但接納被告有悔意，周五（12 日）在東區裁判法院按報告建議，判處 160 小時社會服務令。餘下一名時任入境處職員被告不認罪，案件排期於 5 月 24 日開審。
5 May 2023法庭線#6404
五旬漢虛報中聯辦有炸彈 准簽保守行為18月 須定期到精神科覆診
A man in his fifties was accused of falsely reporting to police in 2022 that someone had planted a bomb outside the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region. Police found nothing after investigating. Magistrate Daniel Siu Hung Tang previously said the defendant had been affected by mental illness at the time of the incident and had no criminal intent, and acquitted him of one count of bomb hoax. He was nevertheless remanded in custody pending a psychiatric report.
The report said the defendant must attend regular psychiatric follow-ups but did not require inpatient treatment. On Friday (the 5th), a magistrate at Eastern Magistrates’ Courts ordered him to enter into a $1,500 recognizance to keep the peace for 18 months, telling him: “Keep seeing the doctor, take your medication on time, and if you offend again, you’ll go to prison.”
五旬漢涉於 2022 年向警方虛報有人在中聯辦門口放炸彈，警方調查後沒有發現。裁判官鄧少雄早前指，被告於案發時受精神病影響、無犯罪意圖，裁定一項「炸彈嚇詐行為」無罪，惟須還押待索精神科醫生報告。
報告指被告須定期到精神科覆診、但毋須入院治療，裁判官周五（ 5 日）在東區裁判法院下令被告以 1,500 元簽保守行為 18 個月，叮囑被告「繼續睇醫生，準時食藥，再犯嘅話要坐監」。
5 May 2023法庭線#6406
社民連政總外請願 曾健成留下示威道具 被票控亂抛垃圾罰款3,300元
On 11 October 2022, the League of Social Democrats petitioned outside Government Headquarters, demanding that Chief Executive John Lee Ka-chiu’s Policy Address respond to public opinion, including by withdrawing the ban on group gatherings. After the petition, member Tsang Kin-shing left two protest props bearing the words “When will the Anxin masks end? How long will the gathering restrictions continue?” Police said no one had accepted them and issued Tsang a HK$1,500 fixed-penalty ticket for littering.
A review hearing was held at the Eastern Magistrates’ Courts on Friday (the 5th) over whether Tsang had properly received the fixed-penalty notice. Magistrate Vivian Wai Han Ho said Tsang had provided an address to the police but did not live there and did not have the mailbox key. She considered his failure to receive the notice to have resulted from his own negligence and rejected the review application. She ordered Tsang to pay the original fine, an additional penalty and costs, totalling HK$3,300.
After the hearing, Tsang said he was very dissatisfied with the prosecution, saying, “Nowadays they can prosecute you for anything.” He said the court had not accepted his late application, leaving him with no choice but to pay the fine. He also said that, during his many years in politics, former governors and chief executives had accepted protest props, asking, “If the prop had a picture of John Lee on it that day, would it still have been abandoned rubbish?”
2022 年 10 月 11 日，社民連到政府總部外請願，要求特首李家超的施政報告回應民意，包括撤銷限聚令。成員曾健成請願後，放下兩件寫有「安心口罩何時了 限聚還要限多久」的示威道具，警方指無人接收，向曾發出 1,500 元定額罰款告票。
就曾健成有否收妥定額罰款通知書，周五（5 日）在東區裁判法院進行覆核聆訊。裁判官何慧嫻指，被告向警方提供地址，惟他不在上址居住，亦無信箱鎖匙，認為他收不到通知書是其疏忽引致﹐拒絕覆核申請。她下令曾健成繳交原本罰款外，另須繳交附加罰款及訟費，合共 3,300 元。
曾健成散庭後表示，很不滿意今次檢控，「依家好多嘢都任佢告囉」，指不獲法庭接納逾期申請，只能無奈繳交罰款。他又指從政多年，以往港督、特首都會接收示威道具，反問「如果當日道具有李家超個相，咁（仲）係咪棄置垃圾廢物呢？」
Translations are supplied by the source workbook. Consult the original reporting for context.
