12 Apr 2023法庭線#6282
涉用「安心回家」入灣仔入境大樓 入境助理罪成判140小時社服令
The Government required everyone entering government premises to scan the “LeaveHomeSafe” QR code from 1 November 2021. On the morning the measure took effect, five people, including three civil servants, allegedly used a fake “LeaveHomeSafe” system to enter the Wan Chai Immigration Tower. Each was charged with entering premises under the control or management of a public body. One of them, a then Immigration Assistant, was earlier convicted. On Wednesday (12th), Magistrate Lam Tsz-kan sentenced the defendant to 140 hours of community service at Eastern Magistrates’ Court.
The magistrate earlier said the defendant had used “安心回家” to pass itself off as the genuine system at the time of the offence. In mitigation, the defence said the community service order report recommended a mid-range number of hours, but the defendant “doesn’t mind how many hours” he has to complete. It also said the defendant had a good previous work record and had received several staff commendations, that this was an isolated incident, and that he was unlikely to reoffend.
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。其中一名時任入境事務助理員早前被裁定罪成，裁判官林子勤周三（12 日）於東區裁判法院判罰被告 140 小時社會服務令。
裁判官早前指，被告在案發時以「安心回家」魚目混珠。辯方求情指，社會服務令報告建議中段的服務時數，但被告「做幾多個鐘都唔介意」；又稱被告過往工作表現良好，曾獲數張員工嘉許狀，此次屬單一事件，相信不會重犯。
12 Apr 2023法庭線#6286
7.1銅鑼灣｜20歲男縱火等罪成囚6年 不服定罪及判刑提上訴
On 1 July 2020, a march was organised on Hong Kong Island to protest the implementation of the National Security Law, after which several people were arrested. A male student, who was the son of a retired police officer and was 17 at the time of the incident, was earlier convicted of two counts of arson, one count of possessing an article with intent to damage property, and one count of theft, after allegedly possessing a petrol bomb and going with others to set fire to a Maxim’s Cake Shop. He was sentenced to six years’ imprisonment. Dissatisfied with his convictions and sentence, the man lodged an appeal without legal representation last Thursday (the 6th). According to information on the Judiciary’s website, no hearing date has yet been scheduled.
2020 年 7 月 1 日，有人發起港島區遊行，抗議《國安法》實施，其後多人被捕。一名退休警員兒子、案發時 17 歲男學生涉攜有汽油彈，以及與人到美心西餅縱火，早前被裁定兩項縱火罪、一項管有物品意圖損壞財產及一項盜竊罪全部罪成，被判監禁 6 年。男生不服定罪及判刑，在沒有法律代表下，於上周四（6 日）提出上訴。根據司法機構網頁資料，案件暫未排期聆訊。
5 Apr 2023獨媒#6261
國安處拘47歲男子 涉助「詐騙集團」騙取470萬
The Police National Security Department arrested a 47-year-old local man in the Western District on Tuesday (April 4) on suspicion of conspiracy to defraud. He is being detained for investigation. The man, surnamed Chow, reportedly works as a consultant. Police said he allegedly assisted a “fraud syndicate” in submitting false information to a local bank to defraud the government of a $4.7 million loan. The “fraud syndicate” was reportedly linked to the organisation “Gwong Sing Ze” and the “Black bloc Squad”.
警方國安處周二（4月4日）於西區拘捕一名47歲本地男子，涉嫌「串謀詐騙」，現正被扣留調查。據悉被捕男子姓周，報稱任職顧問。警方指，被捕男子涉嫌協助一個「詐騙集團」，向一間本地銀行提交虛假資料，騙取470萬元政府貸款。據悉，涉事「詐騙集團」與組織「光城者」及「Black bloc 小隊」有關。
4 Apr 2023法庭線#6254
10.31 旺角｜被指管萬用刀罪成判囚 時任消防員上訴得直 官拒按律政司要求修改控罪
On 31 October 2019, netizens organised an “831 Prince Edward Attack Memorial Gathering” in Mong Kok. The defendant, a 29-year-old off-duty firefighter at the time, was accused of elbowing a police officer and was later found in possession of a utility knife. He was previously acquitted of assaulting a police officer but convicted of possessing an instrument fit for an unlawful purpose and sentenced to three months’ imprisonment. He appealed against the conviction. Judge Cheung Wai-ling earlier allowed the appeal, quashing the conviction and sentence and awarding costs.
In a written judgment handed down at the High Court on Tuesday (the 4th), Judge Cheung explained the reasons for the decision. She held that, based on the circumstantial evidence in the case, it could not be established as the only reasonable inference that the appellant possessed the utility knife with the intention of using it to “injure a person”. The Department of Justice’s request to amend the charge to possession of an offensive weapon or an instrument fit for an unlawful purpose was refused, as the judge considered that this would cause unfairness to the appellant. The judgment said that if the appellant had faced a different charge at the time, not only might the direction of cross-examination have been different, he might also have testified. Amending the charge at this stage would deprive him of the right to give evidence.
2019 年 10 月 31 日，網民在旺角發起「毋忘 831 恐襲太子悼念會」，案發時 29 歲休班消防員被指向警員「批肘」，其後被搜出萬用刀，早前被裁定襲警罪名不成立，「管有非法用途工具」則罪成，判囚 3 個月。他不服定罪提出上訴，法官張慧玲早前裁定他上訴得直，撤銷定罪及判刑，兼獲訟費。
法官周二（4 日）在高等法院頒下判詞，解釋裁決理由，認為根據本案環境證據而言，不能達致唯一合理推論，裁定上訴人管有萬用刀意圖作「傷害人身」用途。至於律政司要求修訂控罪為「管有攻擊性武器或適合作非法用途的工具」罪，遭法官拒絕，認為會對上訴人造成不公。判詞指，若上訴人當時面對不同控罪，除盤問方向有別外，亦有可能出庭作證，現階段修改控罪會剝奪他可作供的權利。
29 Mar 2023法庭線#6230
前區議員盧俊宇涉假資料誤導警員判社服令 律政司不服刑期過輕提覆核被駁回
Tsun Yu Lo, then a Democratic Party Tuen Mun district councillor, was alleged to have posted on Facebook in 2020 that, while attending a memorial event in Yuen Long for the July 21 incident, he had been grabbed from behind by police officers, threatened and taken to a police station. He was later alleged to have falsely told an investigating sergeant that the incident had occurred. Following a trial, he was convicted of furnishing false information with intent to mislead a police officer and sentenced to 240 hours of community service. The Department of Justice, dissatisfied that the sentence was too lenient, applied for a review, which was heard at the High Court on Wednesday (29th).
時任民主黨屯門區議員盧俊宇被指 2020 年在 Facebook 專頁發帖稱，他出席元朗 7.21 事件紀念活動時遭警員反手捉緊、恐嚇並帶返警署，事後被指向調查警長訛稱曾發生上述事件，經審訊後被裁定「有意圖而提供虛假資料企圖誤導警員」罪成，被判 240 小時社會服務令。律政司不服判刑過輕提覆核，周三（29 日）於高等法院審理。
律政司一方認為，盧「執意」向警方提供誤導資料，沒有悔意，罪成後會見感化官時亦曾說謊，判刑未能反映本案嚴重性。上訴庭 3 位法官聽畢雙方陳詞後，認同原審裁判官判刑原則有錯，明顯過輕，正確量刑可高達監禁 3 個月，惟考慮所有情況及因素，拒絕律政司覆核申請，將於 6 個月內頒下判詞。盧聞判後激動飲泣，大口呼吸，雙手合十向法官點頭。
29 Mar 2023法庭線#6231
「一拳書館」店主認無牌賣酒及違反防疫規例 罰 12,000 元
Yat Ming Pong, owner of the independent bookstore One Punch Bookshop in Sham Shui Po, was accused of selling 12 glasses of spirits without a licence at the shop in September 2022 and breaching the Prevention and Control of Disease Regulation (Cap. 599F). Yat Ming Pong pleaded guilty at the West Kowloon Magistrates’ Courts on Wednesday (the 29th) and was fined $12,000.
The court heard that police received a complaint alleging that One Punch Bookshop had organised a “Sake Drinking and Group Reading of Osamu Dazai’s ‘Recollections of Alcohol’” event. Officers then went undercover as customers and were served sake that day. No one required them to scan the “LeaveHomeSafe” QR code when they entered the bookstore. The Liquor Licensing Board confirmed that the bookstore did not hold any valid liquor licence.
In mitigation, the defence said the defendant organised events at the bookstore in the hope of connecting with the neighbourhood and promoting culture. The event in question was a one-off educational talk and was less serious than similar cases. It was also private in nature and open only to registered participants. The defence added that participants’ temperatures had been taken at the time, but some had removed their masks to taste the wine or had failed to maintain a distance of 1.5 metres. The defendant understood that implementation had been inadequate and therefore chose to plead guilty.
深水埗獨立書店「一拳書館」店主龐一鳴，被指於 2022 年 9 月在店內無牌售賣 12 杯烈酒及違反《預防及控制疾病規例》第 599F 章，周三（29 日）於西九龍裁判法院認罪，罰款 12,000 元。
案情指，警方接到投訴，指「一拳書館」舉辦「清酒共飲，太宰治〈酒之追憶〉共讀」活動，遂派警員喬裝成顧客參與，當日獲分派清酒飲用，進入書館時無人要求掃描「安心出行」二維碼。酒牌局確認書館無任何有效的酒牌。
辯方求情指，被告經營書館舉行活動，期望能連結街坊社區和推動文化，涉事活動屬一次性教育講座，較同類案件輕微，而活動為私人性質，只接受已登記人士參與。辯方又指，當時有為參加者量度體溫，但有人除低口罩試酒，或沒保持 1.5 米距離，被告明白實行上有不足之處，故選擇認罪。
28 Mar 2023法庭線#6226
涉口岸爆炸品案、25歲男還押逾年 高院申保釋獲批 官囑遵守條件：唔好令我失望
In early 2020, explosives were found in a public toilet at Shenzhen Bay Port and aboard a Lo Wu MTR train, among other locations. An organisation later claimed responsibility, saying the action was intended to demand that the government “close the border”. Police subsequently arrested eight people. One male defendant applied for bail at the High Court on Tuesday (the 28th), and the application was granted by Judge Cheung Wai-ling. After granting bail, the judge told the defendant: “Don’t disappoint me.”
2020 年初，深圳灣口岸公廁、羅湖港鐵車廂等被發現有爆炸品，事後有組織承認行動，指為要求政府「封關」。警方其後拘捕 8 人，其中一名男被告周二（28 日）於高等法院申請保釋，獲法官張慧玲批准。法官批准被告保釋後，對他表示「你真係唔好令我失望」。
28 Mar 2023獨媒#6227
【理大圍城】義務急救員夫妻等5人認暴動 囚15至19個月 律政司不滿刑期過輕提覆核
During the November 2019 PolyU siege, 17 people were accused of breaking out of the Polytechnic University and fleeing into the Science Museum, and were charged with rioting. In the case involving eight defendants, five people, including a married couple who were volunteer first-aiders at the time, pleaded guilty to rioting. They were previously sentenced to 15 to 19 months in prison by District Court judge Chan Kwong-chi. Dissatisfied that the sentences were too lenient, the Department of Justice applied for a sentence review last Wednesday (the 22nd). According to the Judiciary website, the case has not yet been scheduled for a hearing. Separately, a nursing student who pleaded not guilty in the same case was convicted of rioting after trial and sentenced to three and a half years in prison. The student has appealed against the conviction, but no hearing date has yet been set.
2019年11月「理大圍城」，17人被指從理大「突圍而出」逃入科學館，被控暴動罪。於8人案中，有5人承認暴動罪，包括一對案發時為義務急救員的夫妻。5人早前被區院法官陳廣池判囚15至19個月。律政司不滿刑期過輕，於上周三（22日）提出刑期覆核。據司法機構網頁顯示，案件尚未排期聆訊。另外，同案不認罪的護士學生於審訊後暴動罪成，被判囚3年半，他就定罪提出上訴，尚未有聆訊日期。
27 Mar 2023法庭線#6216
11.18油麻地｜17歲男生認暴動判入教導所 官指受幕後推手唆擺 籲被告提供其他涉案人資料
On 18 November 2019, members of the public initiated a “Besiege Wei to rescue Zhao” operation in Yau Ma Tei to rescue protesters surrounded by police inside Polytechnic University, triggering clashes with police. A total of 213 people were charged with rioting. One of them, who was 17 at the time of the incident, earlier pleaded guilty to rioting. Judge Chan Kwong-chi sentenced the defendant to a training centre at the District Court on Monday (27th).
2019 年 11 月 18 日，有市民發起到油麻地「圍魏救趙」，營救被警方圍堵於理大內的示威者，與警員爆發衝突，213 人被控暴動。當中一名案發時 17 歲的男生，早前承認暴動罪。法官陳廣池周一（27 日）在區域法院判被告入教導所。
法官判刑時形容，2019 年 11 月香港發生前所未見、嚴重暴亂的「黑暗冰河期」，大批年輕人做出令幾代香港人不解的暴力行為，被告求情信中提到的「社會運動」，從任何角度而言，都是徹徹底底、有組織的社會暴亂行為。
辯方提及被告案發時由另一男子接載到場，並提供面罩。法官關注若說法屬實，「點解幕後推手可以逍遙法外？」問被告是否願意向警方提供該男子資料。法官指，「幕後推手」或「政治販子」在不同平台，推出「圍魏救趙」的主意，他們可能在鍵盤後暗笑，有大批有學歷年輕人響應「入局」。而年輕人缺乏洞察世事的能力，容易受「網軍」影響，一窩蜂跟隨潮流，同輩間推波助瀾，最終墮入泥沼。
26 Mar 2023法庭線#6213
支聯會拒交資料案整合｜成立32年、收警信一個月解散 官裁控方毋須證外國代理人
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, established during the 1989 pro-democracy movement and organiser of an annual June 4 candlelight vigil in Victoria Park, received a notice from the Hong Kong Police Force’s National Security Department in the year after the Hong Kong National Security Law took effect. It was ordered to provide, within two weeks, information on all its staff since its establishment, activities held in Hong Kong and their co-organisers since 2014, and records including its assets, income and expenditure.
Five standing committee members, including vice-chair Chow Hang-tung, publicly denied being “foreign agents”, questioned the legal basis for the police’s request and said they would refuse to provide the information. They were subsequently arrested and charged. Police also searched the June 4 Museum and removed items including display boards and photographs. The Alliance announced its dissolution one month after receiving the police letter. Chow and two other standing committee members pleaded not guilty and stood trial, while the other two pleaded guilty.
The court ruled that the prosecution did not need to prove that the Alliance was a “foreign agent”. The prosecution also applied to have parts of the evidence, including portions of a National Security Department investigation report on the Alliance, covered by public interest immunity (PII) on the grounds that disclosure could prejudice the investigation, and the application was granted. A police superintendent from the National Security Department was also permitted to decide for himself whether to answer relevant questions from the defence in cross-examination.
The case was the first under the National Security Law involving the offence of failing to comply with a notice to provide information. It concluded at the Magistrates’ Court in March 2023, with the Alliance losing the case and the five people receiving sentences of three and four and a half months’ imprisonment. HKFP has compiled the key points from the hearings, including the rulings of the prosecution, defence and designated judge and Chief Magistrate Lo Tak-chuen, as well as the trial circumstances in which some evidence submitted to the court was covered under PII.
1989 年民運期間成立、每年在維園申辦六四燭光晚會的支聯會，在《港區國安法》生效翌年，接獲香港警方國安處發出的「遞交資料通知書」，被要求兩周內交出自成立起所有職員和 2014 年起在港所辦活動、共同組織者的資料，以及資產和收支等紀錄。
副主席鄒幸彤等 5 名常委公開否認是「外國代理人」，質疑警方沒合法基礎索取資料，表明拒交。5 人隨後被捕、被控，警方並搜查「六四紀念館」，帶走展板、圖片等物品。支聯會在接獲警方信件一個月宣布解散。鄒等 3 名常委不認罪受審；另兩名常委認罪。
法庭裁定控方毋須證明支聯會為「外國代理人」。而控方亦以避免妨礙調查為由，申請以「公眾利益豁免權」（PII）遮蓋呈堂證據，包括國安處對支聯會調查報告的部分內容，獲得批准。國安處一名警司證人，亦獲准自行決定是否回答辯方盤問的相關問題。
本案為《國安法》下「沒有遵從通知規定提供資料」罪的首案，2023 年 3 月在裁判法院審結；支聯會一方敗訴，5 人分別判囚 3 及 4.5 個月。《法庭線》整合聆訊重點，包括控辯和指定法官、主任裁判官羅德泉的裁斷、部分呈堂證據在 PII 下被遮蓋的審訊情況等。
Translations are supplied by the source workbook. Consult the original reporting for context.
