23 Dec 2022法庭線#5872
中大生非法集結等3罪成囚6月 服刑後上訴 管非法工具上訴得直 兩罪維持原判
During the “Kowloon March” on 20 October 2019, CUHK student Leung Hing-chun was alleged to have taken part in demonstrations and blocked roads with fellow students, including former student union president Owen Au Cheuk-hei. After a trial, Leung was convicted of three offences: unlawful assembly, violating the Prohibition on Face Covering Regulation, and possessing an offensive weapon or a tool fit for an unlawful purpose (the “possession offence”). He was sentenced to six months’ imprisonment, which he had already served.
Leung appealed against the convictions. In a judgment handed down on Friday (23rd), High Court judge Wong Sung-hau ruled that, in light of the Court of Final Appeal’s latest precedent, the conviction for the possession offence was unsafe and should not stand. The appeal was therefore allowed, and the conviction and sentence were set aside. The other two convictions were upheld. After considering the submissions from both sides, the judge found that “the appellant was a person who ran out from the place of the unlawful assembly in question”, saying that the inference was supported by evidence including the appellant’s clothing and the items he was carrying.
2019 年 10 月 20 日「九龍遊行」，中大學生梁馨駿被指和同校學生會前會長區倬僖等人參與示威、堵路，梁經審訊後被裁定 3 罪罪成，包括非法集結、違《禁蒙面法》及「管有攻擊性武器或適合作非法用途的工具」（下稱管有罪），判囚 6 個月，之前已完成服刑。
梁馨駿不服定罪提出上訴，高等法院法官黃崇厚周五（23 日）頒下判詞，裁定按終審法院最新案例《陳俊傑案》，管有罪定罪不穩妥、不應維持，因此上訴得直，撤銷定罪及判刑。餘下兩罪則維持原判，指考慮雙方陳詞後，裁定「上訴人是從涉案非法集結的地方跑出來的人」，稱推論獲上訴人衣著、所攜物品等證據支持。
23 Dec 2022法庭線#5873
10.1荃灣｜兩男暴動罪成申上訴被駁回 官：事實「幾何級」累積 足以令原審作推論
On National Day, 1 October 2019, clashes occurred in multiple districts, and Secondary 5 student Tsang Chi Kin was shot in Tsuen Wan. Four people in the same district denied rioting charges and were earlier all convicted, receiving sentences ranging from 4 years and 3 months to 4 years and 8 months. Two of them, dissatisfied with their convictions, had earlier applied for leave to appeal. High Court Court of Appeal judge Poon Man-ki handed down her judgment on Friday (23rd), refusing to grant the two men leave to appeal.
2019 年 10 月 1 日國慶日，多區發生衝突，當中中五生「健仔」在荃灣中槍。同區 4 人否認暴動罪，早前被裁定全部罪成，判囚 4 年 3 個月至 4 年 8 個月不等。當中兩人不服定罪，早前申請上訴許可。高院上訴庭法官潘敏琦周五（23 日）頒下判詞，拒絕向二人批出上訴許可。
23 Dec 2022法庭線#5874
11.12粉嶺｜4男涉擲鐵枝落路軌表證不成立 官質疑警員故意違查問疑犯守則
On 12 November 2019, anti-extradition bill protesters launched “Operation Dawn”. Roads were blocked in multiple districts and a “three-strikes” action was launched. Four male students were accused of throwing iron rods and other items from a footbridge in Fanling onto railway tracks. More than two years later, they were charged. On Thursday (22nd), magistrate Kenneth Ping Chau Chan ruled at Fanling Magistrates’ Courts on a special matter that the confession statements of all the defendants were inadmissible.
2019 年 11 月 12 日，反修例示威者發起「破曉行動」，多區有人堵路，發動「三罷」。其中 4 名男學生被指從粉嶺一條行人天橋，將鐵枝等物品投擲到火車路軌上，事隔逾兩年被起訴，裁判官陳炳宙周四（22 日）在粉嶺裁判法院就特別事項裁定，不接納所有被告的招認口供。
22 Dec 2022法庭線#5866
南丫海難十年｜家屬要求召開死因研訊被駁回 不服裁決提上訴
On National Day, 1 October 2012, 124 Hong Kong Electric employees and family members were aboard the Lamma IV, preparing to watch fireworks in Victoria Harbour, when it was struck and penetrated by the Hong Kong and Kowloon Ferry vessel Sea Smooth. The disaster left 39 people dead. In 2020, the Coroner’s Court decided not to hold an inquest and instead ruled directly that the victims had been unlawfully killed.
Some victims’ families believed that the cause of the incident and responsibility for it had not been fully clarified. They earlier filed an application with the High Court, asking it to order an inquest. High Court judge Mr Justice Anderson Chow dismissed their application in a judgment handed down in November this year. Two family members, dissatisfied with the decision, filed an appeal with the Court of Appeal on Thursday (22nd).
2012 年 10 月 1 日國慶日，124 名港燈員工及家屬乘搭「南丫四號」，準備前往維港欣賞煙花期間，被港九小輪「海泰號」撞穿，海難造成 39 人罹難。死因庭 2020 年決定不召開研訊，直接裁斷遇難者「非法被殺」。
有遇難者家屬認為事件成因、責任仍未完全釐清，早前入稟高等法院，要求法庭下令召開死因研訊。高院法官高浩文今年 11 月頒下判詞駁回他們的申請，其中兩名家屬不服其決定，周四（22 日）向上訴庭提出上訴。
22 Dec 2022法庭線#5868
「熊仔餅」被指西灣河搶槍罪成囚6年 不服定罪及刑期提上訴
On 11 November 2019, a traffic police officer in Sai Wan Ho fired live rounds at the student Patrick Chow Pak-kwan, who was described by some as “Patrick Chow Pak-kwan”. Chow and another 19-year-old student were charged with three offences, including obstructing a police officer in the execution of duty and attempted robbery. They were earlier convicted on all charges and sentenced to six years’ imprisonment. Dissatisfied with the convictions and sentences, Chow and the student lodged an appeal with the High Court’s Court of Appeal on Wednesday (21st). According to the Judiciary’s website, the case has not yet been scheduled.
2019 年 11 月 11 日，一名交通警在西灣河，以實彈射擊被外界稱為「熊仔餅」的學生周柏均，周與另一名 19 歲學生被控阻差辦公、企圖搶劫等 3 罪，早前被裁定全部罪名成立，被判囚 6 年。周及該名學生不服定罪及刑期，周三（21 日）向高等法院上訴庭提出上訴。根據司法機構網頁，案件尚未獲排期。
21 Dec 2022法庭線#5859
11.18理大衝突｜4人非法集結、管武判囚15至24月 官：盲目崇拜年輕人近乎「戀童癖」
On 18 November 2019, members of the public initiated an effort to go to Tsim Sha Tsui to “rescue” protesters inside PolyU. Ten people, including Democratic Party chairman Lo Kin-hei, were charged with offences including unlawful assembly and possessing offensive weapons in a public place. Four were convicted after trial and, having been remanded in custody, were sentenced to 15 to 24 months’ imprisonment at the District Court on Wednesday (21st).
2019 年 11 月 18 日，市民發起到尖沙咀「營救」理大內示威者，10 人包括民主黨主席羅健熙，被控非法集結、在公眾地方管有攻擊性武器等罪，其中 4 人經審訊後被裁定罪成，還押至周三（21 日）在區域法院被判囚 15 至 24 個月。
21 Dec 2022法庭線#5860
10.1屯門｜四旬護士暴動罪不成立 官指兩警證供不一致 不排除被告是無辜途人
On 1 October 2019, online users launched the “Blossom in Six Districts” action, and clashes broke out near Kam Wah Garden in Tuen Mun that evening. A 40-year-old male nurse denied one count of rioting and was acquitted after trial at the District Court on Wednesday (21st).
2019 年 10 月 1 日有網民發起「六區開花」，當晚屯門錦華花園附近爆發衝突。40 歲男護士否認一項暴動罪，經審訊後周三（21 日）在區域法院被裁定罪名不成立。
21 Dec 2022法庭線#5861
12港人｜鄭子豪准2萬元保釋候刑期上訴 官：「麻煩你喇，真係唔好有走動」
“12 Hong Kong fugitives” Cheng Tsz-ho pleaded guilty in 2022 in both the absconding case and a case involving possession of explosives at a Wan Chai warehouse. The trial judge ordered part of the sentences in the two cases to run concurrently, resulting in a total sentence of 31 months. However, because the days Cheng Tsz-ho spent on remand were deemed to have completed the sentence in the absconding case, the Correctional Services Department was unable to comply with the relevant order, resulting in an actual period of imprisonment longer than the sentence imposed.
On Wednesday (the 21st), Cheng Tsz-ho, represented by barrister Audrey Eu, applied to the Court of Appeal of the High Court for bail pending an appeal against the sentence. The application was approved by Court of Appeal judge Mr Justice Patrick Pang.
「12 港人」鄭子豪 2022 年先後於潛逃案及灣仔倉庫管有爆炸品兩案認罪，原審法官下令兩案部分刑期同期執行，總刑期為 31 個月。但因鄭還押日數被視為服畢潛逃案刑期，懲教署無法遵循相關命令，令實際刑期多於判刑。
鄭子豪周三（21 日）由大律師吳靄儀代表，向高院上訴庭申請保釋等候上訴刑期，獲上訴庭法官彭偉昌批准。
21 Dec 2022法庭線#5865
維園刺警案｜被指助工程師男友離港 25歲女意圖妨礙司法公正罪成判囚一年
On 1 July 2020, the day after the National Security Law took effect, a 24-year-old engineer allegedly stabbed a police officer in the arm with a folding knife in Causeway Bay while the officer was subduing a protester. He was subsequently arrested at the airport. His 25-year-old girlfriend was accused of helping him leave Hong Kong and was earlier convicted of intending to pervert the course of justice. Judge Yiu Fan-chi sentenced her to 12 months’ imprisonment at the District Court on Wednesday (21st).
2020 年 7 月 1 日、《國安法》生效翌日，24 歲工程師涉在銅鑼灣，於警員制服示威者時，以摺刀刺傷其手臂，其後在機場被捕。其 25 歲女友被指協助他離港，早前被裁定意圖妨礙司法公正罪成，法官姚勳智周三（21 日）在區域法院判她監禁 12 個月。
20 Dec 2022法庭線#5855
Viet Spa涉賣淫案 4男女涉管理色情場所脫罪 官指全部證人包括蔡展鵬誠實可靠
Magistrate Jason Siu Ming Wan said the threshold for convicting someone of managing or operating a vice establishment was proof that the premises were mainly used for prostitution. He accepted the evidence of two undercover police officers that, during five undercover operations over six months, female technicians had offered to provide sexual services on each occasion. However, the defence called evidence from, among others, the then head of the Police National Security Department, Chin Pang Tsoi, who testified that during his four or five previous visits to Viet Spa, no one had offered sexual services. As the prosecution had not strongly challenged Choi’s evidence, the magistrate said he “could not see any reason not to accept Choi’s evidence”. He ultimately ruled that the prosecution had failed to prove that Viet Spa was “mainly used” as a vice establishment, but only “occasionally” used for prostitution, and acquitted all the defendants.
裁判官溫紹明指，「管理或經營賣淫場所罪」的定罪門檻，須證處所主要（mainly）用作賣淫場所。他接納兩名喬裝警員指，二人半年間共 5 次放蛇，均獲女技師提出可提供性服務。但考慮辯方證人、時任警務處國家安全處長蔡展鵬供稱，過往 4 至 5 次光顧 Viet Spa ，均沒有人提出有性服務。而控方亦不太挑戰蔡的證供，因此「看不到不接納蔡證供的原因」，最終裁定控方未能證明 Viet Spa 「主要用作」賣淫場所，只是「偶作」（ocassionally）賣淫場所，全部被告無罪。
Translations are supplied by the source workbook. Consult the original reporting for context.
