7 Feb 2023法庭線#6018
梁晃維申延期交選舉申報、豁免交部分開支收據獲批 官信非惡意、心力在國安案
Leung Kwok-wai, a then-candidate in the Hong Kong Island constituency in the 2020 Legislative Council general election who is now remanded in custody in connection with the “47-person case”, was disqualified from standing, and the election was subsequently postponed for a year. He was alleged to have failed to submit his election return on time. He earlier applied to the High Court to file the return late, and sought an exemption from submitting some receipts for election expenses and donations, saying they had been accidentally lost during a search by the national security police and an office relocation.
Judge Ko Ho-man handed down his judgment on Tuesday (7th), accepting Leung’s explanation. The judge considered that, had Leung not been remanded in custody and had he not been facing the seriousness of the case, he would have paid more attention to the election return. The judge also said Leung had not acted in bad faith, noting that his total election expenses were about HK$130,000, far below the statutory limit of HK$2.66 million. “It is difficult to imagine what the applicant would gain by not submitting the election return,” the judge said, approving both applications.
2020 年立法會換屆選舉，時任港島區參選人、現因「47 人案」還押的梁晃維被取消參選資格，選舉其後押後一年。梁晃維被指沒按時提交選舉申報書，他早前向高等法院申請逾期提交申報書，並指部分選舉開支及捐款收據，因被國安警搜查、辦公室搬遷期間意外丟失，希望獲豁免提交相關收據。
法官高浩文周二（7 日）頒下判詞，接納梁晃維的解釋，考慮若非他一直還押，及所面對案件的嚴重性，他會更關注選舉申報書事宜。法官又指，梁晃維沒有惡意，認為其選舉開支總額約 13 萬元，遠低於條例訂明的 266 萬元上限，「很難想像申請人不提交選舉申報書會得到甚麼」，批准兩項申請。
7 Feb 2023法庭線#6020
11.18理大｜大專生認暴動等3罪囚38月 官冀大眾予一時迷失年輕罪犯更生機會
On 18 November 2019, after protesters inside the Hong Kong Polytechnic University had been surrounded by police for several days, nearly 100 people attempted to break out through the university’s main entrance in the afternoon, and 18 were arrested at the scene. Among them, the then 21-year-old male student IVE earlier pleaded guilty to three offences: rioting outside PolyU, possessing a laser pointer and resisting a police officer. On Tuesday (the 7th), Judge Anthony Kai On Kwok sentenced the defendant to three years and two months’ imprisonment in the District Court.
2019 年 11 月 18 日，理大內示威者被警方包圍數日後，有近百人於下午試圖循理大正門「突圍而出」，18 人當場被捕。當中現年 21 歲 IVE 男學生早前承認理大外暴動、藏鐳射筆及抗拒警員 3 罪。法官郭啟安周二（7 日）在區域法院，判被告監禁 3 年兩個月。
6 Feb 2023法庭線#6014
未完成手術被拒改身份證性別 跨性別人士終極勝訴
Two female-to-male transgender people were refused applications to the Immigration Department to change the sex on their identity cards because they had not completed the full gender reassignment surgery. Their judicial review challenge was dismissed, and a subsequent appeal was also rejected. On their final appeal, the Court of Final Appeal handed down its judgment on Monday (6th), unanimously ruling in favour of the two transgender people.
The Court of Final Appeal held that the existing policy imposed an “unacceptably harsh burden” on transgender people and had failed to strike a reasonable balance between the appellants’ rights and the social benefits arising from the policy. The court also rejected the Immigration Department’s earlier contention that complete gender reassignment surgery was the only viable and objective criterion for changing the sex on an identity card. It held that existing medical exemptions and policies in other jurisdictions showed that other criteria were plainly feasible and would not cause administrative difficulties.
兩名由女變男的跨性別人士，在未完成整個性別重置手術下，向入境處申請更改身份證性別被拒，司法覆核被裁定敗訴，其後上訴再遭駁回。兩人終極上訴，終審法院周一（6 日）頒下判詞，一致裁定兩名跨性別人士勝訴。
終院認為，現行政策對跨性別人士施加「不可接受的嚴苛負擔」，未有在上訴人權利與政策所帶來的社會利益之間，取得合理平衡。終院亦拒絕接納入境處一方早前指，完整性別重置手術，是更改身份證性別的唯一可行、客觀準則，認為從現行的醫學豁免及其他司法管轄區政策可見，其他準則顯然可行，且不會造成行政困難。
6 Feb 2023法庭線#6015
理大游繩及暴動案 控方在承認事實增4項「司法認知」 辯方反對指或釀不公
Before the trial began, the prosecution proposed four additional matters in the agreed facts for the court to take judicial notice of, meaning it would not need to adduce specific evidence. These included the extensive damage allegedly caused to PolyU by protesters, that the conduct constituted a riot, and that the events had been widely reported, which the prosecution described as "common knowledge".
The defence objected, saying judicial notice should apply to matters that are commonly known. It questioned whether the matters cited by the prosecution were known to everyone, asking, "Does the depth [of the circumstances mentioned by the prosecution] reach the point where everyone knows about them?" The defence also questioned the prosecution's reference to "the area around PolyU", describing the scope as "very vague" and warning that it could be unfair to the defendants. Judge Wang Sze-lai adjourned the issue for a ruling on Wednesday (8th).
開審前，控方在承認事實提出 4 個情況邀請法庭行使「司法認知」，即控方毋須特地舉證，包括理大遭示威者大規模破壞，「行為是暴動」而且廣為報道，形容「人所共知」。
辯方反對指，司法認知是眾所周知的事，質疑「（控方提及的情況）深度係咪去到個個人都知？」又指控方提及「理大附近一帶」，質疑範圍「非常含糊，好大機會對被告唔公平」。法官王詩麗押至周三（8 日）就此議題裁決。
4 Feb 2023法庭線#6011
8.29深水埗警署｜5人暴動罪成 3人囚22至32月 兩青年被判入教導所
Clashes between police and protesters occurred outside Sham Shui Po Police Station on 29 August 2019, when protesters surrounded the station. Four people were convicted of rioting after trial, while another pleaded guilty before the trial began. On Saturday (the 4th), three were sentenced to between 22 and 32 months’ imprisonment at the District Court, while two young defendants were sent to a training centre.
2019 年 8 月 29 日，深水埗警署外發生警民衝突，有示威者包圍警署。4 人經審訊後被裁定暴動罪成，另1人開審前認罪。其中 3 人周六（4 日）在區域法院被判囚 22 月至 32 月，另 2 名年輕被告被判入教導所。
3 Feb 2023法庭線#6008
11.18理大衝突｜5人被控油麻地暴動 4人罪成判囚4年10個月至5年 家屬聞判落淚
The judge said the four defendants’ sentences were reduced by three months in view of their young age and clean records. One defendant received a further discretionary reduction of two months for not challenging the prosecution’s evidence, and was sentenced to 4 years and 10 months’ imprisonment; the other three were each sentenced to 5 years in prison. Relatives of the defendants wept in the public gallery after hearing the sentences. A police representative said outside the court that this was the third case arising from the same incident in which defendants had been convicted and sentenced after trial, adding that 48 people had so far been found guilty of rioting.
官指，考慮 4 人年輕、沒案底，減刑 3 個月。一被告因沒挑戰控方證據獲酌情再減刑 2 個月，判囚 4 年 10 個月；另 3 人判監 5 年。旁聽席有被告家屬聞判後落淚。警方代表在法院外指，本案為同事件第三宗經審訊後罪成判刑的案件，指至今有 48 人被裁定暴動罪成。
31 Jan 2023獨媒#5988
屯門迫刪相案 女社工刑毀、不誠實取用電腦罪脫 遭律政司上訴
After the July 2019 “Reclaim Tuen Mun Park” march, then-Democratic Party Legislative Council members Lam Cheuk-ting and Hui Chi-fung, a female social worker and a then-online media reporter were accused of asking a man to delete photographs and related videos of protesters. After trial, the female social worker was found not guilty of both dishonest access to a computer and criminal damage. The Department of Justice, dissatisfied with the acquittal, filed an appeal in the form of a case stated last Friday (27th). The case has not yet been scheduled for hearing. Lam Cheuk-ting was found not guilty of perverting the course of justice, and the Department of Justice has not so far filed an appeal in that case.
2019年7月「光復屯門公園」遊行後，民主黨時任立法會議員林卓廷和許智峯、女社工及時任網媒記者被指要求一男子刪除示威者照片及相關影片。經審訊後，女社工被裁定不誠實取用電腦和刑毀罪名皆不成立。律政司不服，上周五（27日）就女社工的無罪裁決，以案件呈述形式提出上訴，案件現時未排期處理。而林卓廷獲裁定妨礙司法公正罪不成立，律政司則暫未有提出上訴。
31 Jan 2023獨媒#5989
巴漢不滿被關押智慧監獄申人身保護令被拒 法官指屬合法關押
A 35-year-old Pakistani detainee dissatisfied with various monitoring measures at the “smart prison” Tai Tam Gap Correctional Institution, including wearing a smart wristband and the presence of numerous surveillance cameras, applied to the High Court for judicial review and a writ of habeas corpus. Both applications were dismissed earlier. He was due to be repatriated tomorrow but unexpectedly applied for habeas corpus again last week. High Court judge Ko Ho-man today handed down a judgment explaining the earlier refusal to grant the writ, revealing that the Security Bureau had reviewed his case seven times and decided on each occasion to continue his detention. The Pakistani man complained that he had fallen and been injured in custody and requested to wear sports shoes to reduce his pain. The Correctional Services Department, which manages Tai Tam Gap, allowed him to wear only shoelace-free sports shoes provided by the department for security reasons. The judge found that the Correctional Services Department had provided adequate medical care and a walking stick, and that there was no basis to argue that his detention had become unlawful.
一名35歲巴基斯坦籍羈押者不滿「智慧監獄」大潭峽懲教所多項監控措施，包括佩戴「智慧手帶」和院所內設有大量監控鏡頭，向高等法院申請司法覆核，並申請人身保護令，兩者早前均被駁回。他原定明日遣返，上周突然再申請人身保護令。高院法官高浩文今頒下判詞解釋早前拒頒保護令原因，透露保安局7次覆核他的個案，每次均決定繼續關押。巴漢投訴曾在獄中跌傷，要求著波鞋減痛楚，負責管理大潭峽的懲教署以保安理由，只准穿著由懲教提供沒有鞋帶的波鞋。法官認為懲教已提供足夠醫療照顧，亦有提供拐杖，沒有基礎指控其關押已經變成非法羈留。
31 Jan 2023法庭線#5990
2019年司法覆核速龍小隊無展示編號敗訴 馬屎埔陳伯須向律政司支付逾50萬元訟費
During the anti-extradition bill movement in 2019, seven members of the public and the Hong Kong Journalists Association successively initiated judicial reviews challenging the decision that riot police and the “Special Tactical Contingent squad” did not display officers’ identification numbers on their uniforms while on duty. The then High Court Anderson Ka Ming Chow granted leave to some of the applicants the following year, but Ki Kau Chan’s application involving “Grandpa Chan” was refused, and Ki Kau Chan was also required to pay the Department of Justice’s costs.
Ki Kau Chan and the Department of Justice appeared before the High Court on Tuesday (the 31st) for a hearing on the amount of costs. The Department of Justice said Chan’s document responding to whether the itemised costs were accepted did not comply with the specified format, and asked the court master to award the department its costs directly. Ki Kau Chan objected, saying: “How much more suffering do we have to endure before the rule of law can be upheld?” and “Go ahead and pursue me for the costs if you wish; I have upheld the rule of law.”
2019 年反修例運動期間，先後有 7 名市民及記協提出司法覆核，挑戰防暴警員及「速龍小隊」執勤時，制服上沒警員編號決定。時任高等法院周家明翌年向部分人批出許可，但「馬屎埔陳伯」陳基裘不獲批，兼須向律政司支付訟費。
陳基裘及律政司周二（31 日）在高等法院就訟費數額聆訊。律政司一方指，陳回應是否接受訟費數額細項的文件，不符指定格式，要求聆案官判律政司直接獲得訟費。陳基裘提出反對，稱「到底我哋仲要受幾多苦，先維護到法治？」、「你儘管追討我訟費都好，我維護過法治」。
31 Jan 2023獨媒#5992
屯門迫刪相案 林卓廷及網媒記者企圖妨礙司法公正罪脫 律政司提上訴
After the July 2019 “Reclaim Tuen Mun Park” procession, then Democratic Party Legislative Councillor Lam Cheuk-ting and Hui Chi-fung, a female social worker and a then online media reporter were accused of asking a man to delete photographs and related videos of protesters. After trial, Lam and the online media reporter were found not guilty of doing an act tending and intended to pervert the course of justice. The Department of Justice confirmed in response to an inquiry from InMedia that it had appealed the acquittals of the two men by way of case stated. The female social worker was also found not guilty of criminal damage and dishonest access to a computer, and those acquittals were likewise appealed.
2019年7月「光復屯門公園」遊行後，民主黨時任立法會議員林卓廷和許智峯、女社工及時任網媒記者被指要求一男子刪除示威者照片及相關影片。經審訊後，林卓廷和網媒記者被裁定「作出傾向並意圖妨礙司法公正的作為」罪名不成立。律政司回覆《獨媒》查詢時確認，律政司已就二人的無罪裁決，以案件呈述的方式提出上訴。此外，同案女社工被裁定刑毀和不誠實取用電腦罪不成立，亦同樣遭上訴。
Translations are supplied by the source workbook. Consult the original reporting for context.
