16 Mar 2023獨媒#6171
被指咬斷警察手指囚5年半 杜啟華上訴遭駁回
Police-public clashes broke out at Sha Tin’s New Town Plaza on 14 July 2019. University of Hong Kong graduate To Kai Wa was accused of deliberately biting off a sergeant’s finger and swinging an umbrella, causing a senior superintendent to suffer a fractured finger. After trial, To Kai Wa was convicted of wounding with intent, causing grievous bodily harm to another, assaulting a police officer and disorderly conduct in a public place, and was sentenced to five and a half years’ imprisonment. To Kai Wa appealed against the convictions on two of the charges and appeared before the Court of Appeal this morning (the 16th). The appellant’s side argued that footage showed To Kai Wa being pulled backwards by three police officers, who pressed on the head and face, and that it was impossible to realise in less than one second that the object placed in the mouth was a police officer’s finger through a mask; the biting was a reflex action caused by external forces. Court of Appeal judge Pang Po-kam questioned why To Kai Wa had not given evidence at trial, noting that there was insufficient evidence to support the claim. The court ultimately refused leave to appeal and will issue written reasons within three months.
2019年7月14日沙田新城市廣場爆發警民衝突，港大畢業生杜啟華被指蓄意咬斷警長手指及揮打雨傘致高級警司手指骨折。經審訊被裁定有意圖而傷人、對他人身體加以嚴重傷害、襲警及公眾地方擾亂秩序罪成，判囚5年半。他就其中兩項控罪提出定罪上訴，今早（16日）出席上訴庭聆訊。上訴方指透過影片可見，杜啟華被3名警察向後拖拉、按壓頭部和臉部，不能在少於1秒時間內，隔著口罩意識到伸進口中的物品是警察手指，咬噬是因受到外界影響而作出的反射動作。上訴庭法官彭寶琴質疑杜啟華原審時未有出庭作供，缺乏證據支持說法，最終拒絕批出上訴許可，將於3個月內頒布書面理由。
16 Mar 2023法庭線#6172
社民連街站被控5項非法籌款 其中2罪成共罰款1800元 陳寶瑩稱政府「陰乾」小團體
League of Social Democrats chairwoman Chan Po-ying and two volunteers were accused of displaying QR codes for the online platform Patreon while running street booths in Mong Kok calling for the “release of political prisoners” in July and August 2021. They were summonsed on five counts of unlicensed fundraising in a public place. The three had earlier denied all charges. Acting Magistrate Yuan Shan Cao ruled at Kowloon City Magistrates’ Courts on Thursday (16th) that Chan Po-ying and the second defendant were guilty of the charges relating to the July street booth, and fined them HK$1,000 and HK$800 respectively. The three charges relating to the August street booth were dismissed.
社民連主席陳寶瑩和兩名義工，被指在 2021 年 7 和 8 月，於旺角擺放要求「釋放政治犯」街站期間，展示網上平台 Patreon 的二維碼，遭票控 5 項於公眾地方無牌籌款。3 人早前否認全部控罪，暫委裁判官曹遠山周四（16 日）在九龍城裁判法院，裁定就 7 月街站的罪名，陳寶瑩和第二被告罪名成立，分別罰款 1,000 元和 800 元；涉 8 月街站的 3 項罪名則不成立。
15 Mar 2023法庭線#6164
理大「突圍」｜護理學生暴動罪成囚3年半 官指自以為救危扶傷 實際上支援暴徒
In November 2019, police surrounded protesters inside Hong Kong Polytechnic University. Seventeen people were suspected of breaking out and were subsequently arrested inside the Hong Kong Science Museum. Judge Chan Kwong-chi earlier convicted a nursing student of two counts of rioting. He was remanded in custody until Wednesday (15th), when he was sentenced to 3½ years’ imprisonment at the District Court.
2019 年 11 月，警方圍堵理工大學內的示威者，其中 17 人疑「突圍而出」，及後在科學館內被捕。法官陳廣池早前裁定 1 名護理學生兩項暴動罪成，還押至周三（15 日）在區域法院，判囚 3 年半。
15 Mar 2023法庭線#6166
7.1銅鑼灣｜20歲男縱火等4罪成判囚6年 官指因政見對美心集團報復
On 1 July 2020, a march was organised on Hong Kong Island to protest the implementation of the National Security Law, after which a number of people were arrested. The defendant, the son of a retired police officer, was a 17-year-old male student at the time of the incident. He was previously 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 setting fire to Maxim’s Cakes with others.
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。
13 Mar 2023法庭線#6155
11.18 油麻地｜5人認暴動判囚3年半至4年 法官斥情節嚴重、性質惡劣
In mid-November 2019, police surrounded protesters inside the Polytechnic University. A total of 213 people were arrested for allegedly taking part in a “besieging Wei to rescue Zhao” operation in Yau Tsim Mong. Eighteen men and women were accused of rioting in Yau Ma Tei. Five pleaded guilty before trial and were sentenced on Monday (the 13th) at the West Kowloon Magistrates’ Courts, sitting temporarily as the District Court, to between 42 and 48 months’ imprisonment.
2019 年 11 月中警方圍堵理工大學內的示威者，213 人被指在油尖旺參與「圍魏救趙」行動被捕，其中 18 名男女被指於油麻地參與暴動，5 人開審前認罪，周一（13 日）於西九龍裁判法院（暫代區院）被判囚 42 至 48 個月。
13 Mar 2023法庭線#6156
7.1銅鑼灣｜青年阻差辦公表證不成立 律政司事隔年半提上訴
On 1 July 2020, large numbers of people took to the streets to protest the National Security Law for Hong Kong. A 19-year-old man was accused of “snatching a suspect” outside Times Square in Causeway Bay, obstructing police officers who were arresting a woman, and was charged with obstructing a police officer in the execution of duty. The case was heard in 2021. Magistrate Pang Leung-ting said the video evidence submitted to the court was inconsistent with the police officers’ testimony and criticised the Department of Justice, saying, “Prosecute, prosecute, prosecute! You have to prosecute all the way to the ends of the earth!” The court ultimately ruled that there was no case to answer and acquitted the defendant.
About 18 months later, the Department of Justice lodged an appeal by way of case stated last Monday (the 6th). According to the Judiciary’s website, no hearing date has yet been set.
2020 年 7 月 1 日，大批市民上街抗議《港區國安法》，19 歲青年被指在銅鑼灣時代廣場外「搶犯」，阻礙警員拘捕一名女子，被控阻差辦公罪。案件在 2021 年審理，原審裁判官彭亮廷指呈堂影片與警員供詞不符，怒斥律政司「告告告！告到天腳底都要告！」，最終裁定表證不成立，被告無罪釋放。
事隔約一年半，律政司上周一（6 日）以案件呈述方式提上訴。根據司法機構網頁，案件暫未訂聆訊日期。
12 Mar 2023獨媒#6153
支聯會拒交資料案 歐盟批以法壓制自由 外交部和港府強烈反對
Two years ago, the Police National Security Department said it had reason to believe that the Hong Kong Alliance in Support of Patriotic Democratic Movements of China was a “foreign agent” and required seven members of its standing committee to submit information, but they refused. Chow Hang-tung, a former vice-chairwoman of the disbanded Alliance, and two others pleaded not guilty but were convicted of “failing to comply with the requirements of a notice to provide information” and each sentenced to 4.5 months in prison. Yesterday, Nabila Massrali, the EU spokesperson for foreign affairs and security policy, said the case was another example of the regime abusing the law to suppress fundamental freedoms. The Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region and the Hong Kong government both expressed strong dissatisfaction and opposition.
警方國安處前年指有理由相信支聯會是「外國代理人」，要求7名支聯會常委提交資料被拒。已解散的支聯會前副主席鄒幸彤等3人不認罪，被裁定「沒有遵從通知規定提供資料」罪成，各被判監4.5個月。歐盟外交事務與安全政策發言人馬斯拉里（Nabila Massrali）昨稱，事件是政權濫用法律壓制基本自由的另一個例子，外交部駐港特派員公署和港府均表示強烈不滿和反對。
11 Mar 2023法庭線#6148
11.18油麻地｜10人暴動罪成 9人囚61月至64月 1女判入教導所
On 18 November 2019, police cordoned off the Polytechnic University while large numbers of people gathered in the Yau Tsim Mong district. A total of 213 people were charged with rioting in connection with the “besiege Wei to rescue Zhao” incident in Yau Ma Tei. Nine of them pleaded not guilty and were convicted after trial, and were sentenced to between 61 and 64 months in prison at the District Court on Saturday (the 11th). Another 19-year-old woman in the same case pleaded guilty before the trial began and was sent to a training centre.
Acting Judge Kei Hong Cheang said the demonstrators had shown a degree of organisation in advancing, retreating, attacking and defending, as well as smooth communication and proficient formation of ranks. Despite repeated police warnings, the demonstrators failed to restrain themselves. He said the riot ended within a short time only because the police had “outwitted and encircled” them. He said the streets were devastated and described the scene as resembling a small-scale battlefield. He criticised the defendants for openly provoking and attacking police officers maliciously, and for not being deterred by previous cases. Heavy sentences were necessary to demonstrate the grave price of undermining the rule of law and public order.
2019 年 11 月 18 日，警方圍封理工大學，大批人士於油尖旺區聚集，213 人涉在油麻地「圍魏救趙」被控暴動。其中 9 人不認罪受審後裁定罪成，周六（ 11 日）在區域法院被判囚 61 至 64 個月。同案另一 19 歲女子開審前認罪，判入教導所。
暫委法官鄭紀航表示，示威者進退攻守有一定組織，暢順溝通和純熟排陣。警方多番警告下，示威者仍未有收斂，本案暴動在短時間內結束只因警方「智取圍捕」。他指街道滿目瘡痍，形容現場恍如小型戰場，斥被告公然向警方作惡意挑釁和攻擊，沒有受到以往案例的阻嚇，必須重判以示破壞法治和秩序的沉重代價。
11 Mar 2023法庭線#6149
支聯會拒交資料案｜鄒幸彤陳情稱判決「懲罰守護真相的人」 官警告中止陳詞
Before sentencing, Zou Xingtong, who represented herself, reiterated in her submission that the Hong Kong Alliance in Support of Patriotic Democratic Movements of China was not a “foreign agent”, describing the court’s ruling as “punishing those who safeguard the truth”. Zou said the alliance had safeguarded the “truth of the Tiananmen massacre” for more than 30 years, and had supported many people who were imprisoned, harassed or humiliated for speaking the truth, adding that it had long been prepared to bear the consequences. She continued that the government’s accusation that the alliance was a “foreign agent” was intended to make it abandon its principles and accept the state’s absolute power in exchange for a comfortable life. The alliance would never compromise, she said, because comfort without justice was no comfort at all.
Luo Tak-chuen, a designated judge under the National Security Law and Chief Magistrate, interrupted Zou several times, saying that her submissions had to be relevant to the charges. Prosecutor Cheung Cheuk-kan also cited parts of Zou’s remarks and said they were unsuitable for delivery in court. Zou countered that the case was particularly political, unless the court did not intend to hear her submission. Luo subsequently told Zou that the court was not a back door for her to express her views, and at one point warned that he would halt her submissions.
判刑前，親自抗辯的鄒幸彤陳情重申，支聯會並非「外國代理人」，形容法庭的判決「懲罰守護真相的人」。鄒指，支聯會 30 多年來一直守護「天安門大屠殺真相」，亦支援過眾多因講真話而入獄、受騷擾、遭羞辱的人，早已預備承受代價。鄒續指，政府指控支聯會為「外國代理人」，是要支聯會背棄理念，接受國家的絕對權力以得享安逸，而支聯會絕不妥協，因為欠缺公義的安逸絕非安逸。
《國安法》指定法官、主任裁判官羅德泉數度打斷鄒，指陳詞要與控罪有關；主控張卓勤亦引述鄒部分發言，指不適合在法庭發表。鄒反指本案尤關政治，除非法庭不打算聆聽她的陳情。羅其後向鄒指，法庭不是鄒藉以發表意見的後門，並一度警告將中止鄒的陳詞。
11 Mar 2023法庭線#6150
支聯會拒交資料案｜鄒幸彤、鄧岳君、徐漢光判囚4.5月 官准保釋、撤報道限制
The Hong Kong Alliance’s three Standing Committee members—Chow Hang-tung, Tang Ngok Kwan and Hon Kwong Tsui—were convicted last Saturday (the 4th) after failing in 2021 to comply with a notice issued by the police National Security Department requiring them to submit information on all staff since the organisation’s establishment, activities held in Hong Kong since 2014, meeting minutes, financial records and other materials. The three were each sentenced to 4.5 months in prison on Saturday (the 11th). In sentencing, Chief Magistrate Peter Law Tak-chuen, a judge designated under the National Security Law, said that national security was of particular importance and that the sentence had to reflect the law’s determination to safeguard national security. He also noted that this was the first case under the new legislation and that there were no precedents for sentencing. He ultimately adopted four and a half months’ imprisonment as the starting point, with no mitigating factors warranting a reduction for any of the three defendants.
Before sentencing, Senior Counsel Philip Dykes, representing Tang and Tsui in mitigation, said that the defendants had been accused of being “foreign agents”, but were convicted without knowing whose agents they were alleged to be — something he said he had never encountered in his 40 years as a barrister. Chow Hang-tung, who represented herself, reiterated that the Alliance was not a “foreign agent” and said the court’s ruling amounted to “punishing those who safeguard the truth” (see separate report).
支聯會 3 常委鄒幸彤、鄧岳君、徐漢光，2021 年未按警方國安處發出的通知書，提交成立至今所有職員資料、2014 年起在港舉辦活動資料，會議紀錄及收支紀錄等，上周六（4 日）被裁定罪成。3 人周六（11 日）同被判囚 4 個半月。
《國安法》指定法官、主任裁判官羅德泉判刑時指，國家安全尤關重要，判刑須確保反映到法律維護國安的決心。羅又指，本案屬新法例下首案，判刑上沒案例參考，最終以判囚 4.5 月為量刑起點，而 3 人並沒減刑因素。
判刑前，代表鄧、徐求情的資深大律師戴啟思指，被告被指控為「外國代理人」，但在未知是何者代理人的情況下被定罪，是他擔任大律師 40 年來從未見。親自抗辯的鄒幸彤則重申，支聯會並非「外國代理人」，認為法庭判決「懲教守護真相的人」（見另稿）。
Translations are supplied by the source workbook. Consult the original reporting for context.
