30 Jan 2023法庭線#5986
11.2維園｜3區議員阻差案 文念志被判240小時社服令 官接納有檢控延誤
On 2 November 2019, pro-democracy district council election candidates held a rally in Victoria Park. Police dispersed the gathering and arrested Osman Chung Hang Cheng, Nim Chi Man and Richard Chun Chit Chan. The three won their district council elections that year and were later convicted after trial of obstructing a police officer in the execution of their duty. Cheng and Chan were each sentenced to 240 hours of community service. Man’s sentencing was adjourned until Monday (30th) because the medical report was not ready.
2019 年 11 月 2 日，民主派區選候選人在維園舉行集會，警方驅散，期間拘捕鄭仲恒、文念志及陳振哲。3 人同年在區選勝出，而早前經審訊後被裁定阻差辦公罪成，當中鄭、陳被判 240 小時社會服務令。文則因醫療報告未備妥，押後至周一（30 日）判刑
28 Jan 2023法庭線#5982
8.11尖沙咀｜7人暴動罪成判囚36至45月 1人管武罪成判囚11月
After a march in Sham Shui Po on 11 August 2019, some protesters went to surround the Tsim Sha Tsui Police Station. A total of 29 people were subsequently charged with rioting and other offences, and the cases were heard in three trials. In the case involving eight men, six were convicted of rioting after trial. Together with one person who had pleaded guilty earlier, they were sentenced to between three years and three years nine months in prison at the District Court on Saturday (28th). The remaining person was acquitted of rioting but convicted of possessing an offensive weapon in a public place, and was sentenced to 11 months in prison.
2019 年 8 月 11 日深水埗遊行後，有示威者前往包圍尖沙咀警署，事後 29 人被控暴動等罪，分成 3 案審理。當中涉及 8 名男子的案件，6 人經審訊後，被裁定暴動罪成，連同早前認罪的 1 人，周六（28 日）在區域法院被判監禁 3 年至 3 年 9 個月；餘下 1 人暴動罪不成立、在公眾地方管有攻擊性武器罪成，被判監禁 11 個月。
27 Jan 2023法庭線#5980
醫生2019年平安夜非法集結罪成 醫委會裁定違反醫生註冊條例 除牌6月、緩刑36月
Cheung, who is currently a registered doctor, appeared before the Medical Council for a disciplinary hearing on Friday (27th) in connection with the conviction. Cheung was not represented by a lawyer and made no submissions. After the five-member inquiry panel adjourned to deliberate for about 1.5 hours, it ruled that Cheung had breached the Medical Registration Ordinance and ordered a six-month erasure from the register, suspended for 36 months.
Announcing the ruling, the chairman of the inquiry panel said it had noted that Cheung was young and might provide useful services to the public in the future. His internship report also showed that he had performed well. However, the charge in this case could undermine public confidence in the medical profession. The panel had to take public expectations into account when determining the sentence, and the sentence also had to reflect doctors’ values.
現為註冊醫生的張，周五（27 日）因該定罪紀錄，在醫委會接受紀律聆訊。張沒有律師代表，也沒陳詞回應。5 人研訊小組退席商議約 1.5 小時後，裁定張違反《醫生註冊條例》，罰除牌 6 個月，緩刑 36 個月。
研訊小組主席宣布裁決時指，留意到張年輕、將來或為公眾提供有用服務，從實習報告也見他表現出色。不過，本案控罪有可能降低公眾對醫生專業的信心，小組判刑時要考慮社會期望，亦要反映醫生價值觀。
20 Jan 2023法庭線#5970
「Lunch哥」被控藐視法庭 法官陳慶偉因「47人案」未能訂審期：國安法案優先
Lee Kwok-wing, known as “Lunch Gor” after organising multiple “Lunch with You” protests in 2020, and a retired woman in her sixties were accused of verbally abusing and harassing witnesses outside a court during a death inquest in August 2020. They were charged with contempt of court.
The case was mentioned again in the High Court on Friday (20th), with the prosecution and defence making submissions on obtaining expert reports. When the possibility of an earlier trial date was raised, judge Andrew Hing Wai Chan said he did not have one available. He said, “I believe you all know that after the Lunar New Year I have a case lasting 90 days, being tried until August,” and that “national security law cases take priority”, so a trial date could not yet be fixed.
2020 年因多次發起「和你 Lunch」示威，被外界稱為「Lunch 哥」的李國永及一名退休六旬婦，被指在 2020 年 8 月一宗死因研訊期間，在法院外指罵及騷擾證人，被控藐視法庭罪。
案件周五（20 日）在高等法院再訊，控辯雙方就索取專家報告陳詞。當提到可否有「快期」開審時，法官陳慶偉指他沒有，「相信你們都知道，農曆新年後我有一宗長達 90 日、審至 8 月的案件」、「國安法案件優先」，故暫未能訂審期。
20 Jan 2023法庭線#5971
林卓廷等3人涉迫刪示威者照片案 林意圖妨礙公正罪脫 官：解紛爭沒犯案意圖
After the July 2019 “Liberate Tuen Mun Park” procession, then Legislative Council member Lam Cheuk-ting and three others were accused of asking someone to delete photos of protesters from the “7.1 siege of Police Headquarters”, and were charged with attempting to pervert the course of justice and other offences. Lam was found not guilty on Friday (20th) of attempting to pervert the course of justice, while the social worker defendant was also acquitted of two charges. The third defendant, an online media journalist, was convicted of unlawful assembly.
2019 年 7 月「光復屯門公園」遊行後，時任立法會議員林卓廷等 4 人，被指要求他人刪去 「7.1 包圍警總」示威者照片，分別被控意圖妨礙司法公正等罪。林周五（20 日）被裁定意圖妨礙司法公正罪不成立、社工被告兩罪亦不成立，而第三被告、網媒記者則非法集結罪成。
19 Jan 2023法庭線#5966
涉將張家朗奪金片國歌換上《願榮光》 男子否認辱國歌 官裁警具「歌曲專家」資格
Cheung Ka-long, a member of Hong Kong’s fencing team, 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 charged with the offence of “insulting the national anthem” under the National Anthem Ordinance. The defendant pleaded not guilty. The case, the first trial involving an alleged insult to the national anthem, was heard on Thursday (19th) at the Eastern Magistrates’ Courts.
The prosecution sought to call a police sergeant as an expert witness on “research into the song ‘Glory to Hong Kong’”. The defence objected and questioned the sergeant’s expert qualifications, saying he had not studied “Glory to Hong Kong” but had studied how the song was applied, describing this as “ill-fitting and irrelevant”. The prosecution said the sergeant had a very sufficient basis to explain and analyse the background of the song. After hearing submissions from both sides and the sergeant’s evidence, Magistrate Minnie Lai Man Wat ruled that he was qualified as an expert and could provide expert opinion on the matter. The case was adjourned to 29 March for continuation of the trial, and the defendant was granted bail on his existing conditions.
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，被控違《國歌條例》下「侮辱國歌」罪。被告不認罪，是首宗涉侮辱國歌的審訊案件，案件周四（19 日）在東區裁判法院審訊。
控方欲傳召警長作為「研究歌曲《願榮光歸香港》」的專家證人作供。辯方反對並質疑警長的專家資格，指他沒有研究《願榮光》，而是研究歌曲如何被應用，形容為「衣不稱身，文不對題」。控方則表示警長具極充足基礎作解說，和分析歌曲的背景。裁判官屈麗雯聽罷雙方陳詞及警長作供後，裁定他具專家資格，可就此提供專家意見。案件押後至 3 月 29 日續審，期間被告准以原有條件保釋。
19 Jan 2023法庭線#5969
旺角騷亂四周年｜涉「私了」清路障漢 18歲自閉男生認暴動、傷人判囚2年
On the night of the second day of Lunar New Year in 2020, members of the public went to areas around Mong Kok to mark the fourth anniversary of the 2016 Mong Kok riots. The gathering subsequently escalated into clashes and “private justice” incidents. An 18-year-old autistic male student at the time was accused of kicking a middle-aged man who was removing a roadblock. He earlier pleaded guilty to rioting and assault, and was sentenced to two years’ imprisonment at the District Court on Thursday (19th).
2020 年農曆年初二晚，有市民到旺角一帶，紀念 2016 年旺角騷亂四周年，其後演變成衝突及「私了」事件。一名案發時 18 歲男生，被指用腳踢向一名移開路障的中年漢，早前承認暴動及傷人兩罪，周四（19 日）在區域法院被判監禁 2 年。
18 Jan 2023法庭線#5963
被指煽惑他人前年7.1襲警 23歲裝修工事隔一年半被起訴 轉介區院再訊
A 23-year-old renovation worker surnamed Yung was accused of inciting others to assault police on July 1, 2021. He was charged 18 months later with one count of “inciting another to wound with intent” and appeared at West Kowloon Magistrates’ Courts for the first time on Wednesday (18th).
The prosecution said the case would be referred to the District Court for trial and applied for an adjournment until March 15 for the preparation of transfer documents. The application was approved by magistrate Qingdong Zeng. The prosecution did not object to bail. The defendant was granted bail of $2,000 in cash, with a requirement not to leave Hong Kong and to report to a police station once a week.
23 歲容姓裝修工人，被指煽感他人於 2021 年 7 月 1 日襲警，事隔一年半被起訴一項「煽惑他人有意圖而傷人」罪，周三（18 日）在西九龍裁判法院首度提堂。
控方指，本案將轉介至區域法案審理，申請押後至 3 月 15 日再訊，以備轉介文件，獲裁判官曾慶東批准。控方不反對被告保釋，被告准以 2,000 元現金擔保，期間不得離港，須每周赴警署報到一次。
18 Jan 2023法庭線#5964
理大「突圍」｜3男認暴動罪判囚15至18個月及教導所 官：可說是被告的幸運
In November 2019, police besieged protesters inside the Hong Kong Polytechnic University. Seventeen people allegedly broke out and were subsequently arrested inside the Hong Kong Science Museum. In one case involving seven people, three men pleaded guilty before trial and were sentenced at the District Court on Wednesday (18th) to 15 to 18 months’ imprisonment or a training centre.
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。其中一宗涉及 7 人的案件，當中 3 人在審訊前認罪，周三（18 日）在區域法院被判監禁 15 至 18 個月，以及判入教導所。
18 Jan 2023法庭線#5965
人大釋法後未知可否代表黎智英 英御狀Tim Owen正在港參與另一終院刑事案
In the case in which Next Digital founder Jimmy Lai is charged with “conspiracy to collude with a foreign country or external forces”, British King’s Counsel Tim Owen, whom Lai wishes to engage, was allowed to come to Hong Kong and on Wednesday (the 18th) handled an application for leave to appeal on costs in another criminal case at the Court of Final Appeal. After the hearing, reporters asked him about his work visa, including its expiry date. Tim Owen said, “I am not saying anything.”
在壹傳媒創辦人黎智英被控「串謀勾結外國勢力」案件中、黎欲聘用的英國御用大狀 Tim Owen 獲准來港，周三（18 日）在終審法院處理另一宗刑事案件的訟費上訴許可申請。散庭後，記者詢問其工作簽證事宜，包括到期日等，Tim Owen 表示「I am not saying anything.（我甚麼也不會說）」。
Translations are supplied by the source workbook. Consult the original reporting for context.
