17 Nov 2022法庭線#5725
理大衝突 3 年數據分析｜417 人被控 兩成案審結 刑期最長被告料 2025 年出獄
Based on court records and news reports from the past three years, The Witness collected data on the PolyU clashes cases, including defendants’ names, their ages at the time of the incidents, locations of the incidents and dates of charge. According to the reporters’ statistics, after police cordoned off PolyU, the earliest charge date was traced to the early morning of 18 November 2019, while the final charge date was 21 November. This data analysis is based on those dates.
As of 11 November 2022, a total of 417 people had been charged in connection with the PolyU clashes—317 men and 100 women. The cases mainly involved six areas: inside and outside PolyU, Yau Ma Tei, Jordan, Tsim Sha Tsui, Tsim Sha Tsui East and Hung Hom. More than three-quarters of them were charged with rioting, while the remaining people were charged with offences including unlawful assembly and intent to obstruct the course of justice.
《法庭線》根據過去 3 年的法庭紀錄及新聞報道，收集理大衝突案件資料，包括被告姓名、案發年齡、案發地點及控罪日期。據記者統計，在警方封鎖理大後，最早的控罪日期追溯至 2019 年 11 月 18 日清晨，最後的控罪日期是 11 月 21 日，本次數據分析以此為基礎。
截至 2022 年 11 月 11 日，理大衝突共有 417 人被控，分別 317 男及 100 女，主要涉及 6 個地區，包括理大內外、油麻地、佐敦、尖沙咀、尖東及紅磡。當中逾七成半人被控暴動，其餘人士被控非法集結、意圖妨礙司法公正等罪。
17 Nov 2022法庭線#5726
東涌二胡奏《願榮光》、獲裁無罪六旬翁 另案提訊時控方透露正研究會否上訴
The man in his 60s who was charged with performing “Glory to Hong Kong” on the erhu in Tung Chung without a licence was ultimately acquitted. He appeared again at Kowloon City Magistrates’ Courts on Thursday (17th) for a separate case involving three charges of “playing a musical instrument without a permit” over three erhu performances outside Mong Kok East MTR station in 2021. During the hearing, the prosecution said it was studying whether to appeal.
曾在東涌以二胡演奏《願榮光》，被票控無牌演奏的六旬翁，他最終獲裁無罪。六旬翁周四（17 日）就 2021 年三度在港鐵旺角東站外拉二胡，被票控 3 項「沒有許可證而奏玩樂器」罪的另案，在九龍城裁判法院再提訊。
16 Nov 2022法庭線#5721
12.22 中環｜2 青年暴動罪成判囚 3 年 9 月 官：襲警、搶犯令暴力行為升級
On 22 December 2019, a group held a “Uyghur Human Rights Rally” at Edinburgh Place in Central. Riot police subdued several people and at one point drew their guns in readiness. Three young men were accused of obstructing police officers as they subdued protesters and were charged with rioting and other offences. Two of the men denied the rioting charge. After trial, they were convicted of rioting and sentenced to 45 months’ imprisonment at the District Court on Wednesday (the 16th).
2019 年 12 月 22 日，有團體在中環愛丁堡廣場發起「聲援維吾爾族人權集會」，防暴警員制服多人，一度擎槍戒備。3 名青年被指阻止警方制服示威者，被控暴動等罪。其中兩男否認暴動罪，經審訊後被裁定暴動罪成，周三（16日）在區域法院被判囚 45 個月。
15 Nov 2022法庭線#5715
張達明被指洩密律師會內部資訊 就紀律聆訊提司法覆核 官押後決定是否受理
Eric Tat Ming Cheung, a principal lecturer at the University of Hong Kong’s Faculty of Law, was accused of disclosing internal affairs of the Law Society of Hong Kong without authorisation on two occasions while serving as a Law Society council member in 2020. The Law Society passed a no-confidence motion in May that year and referred the complaint to the Solicitors Disciplinary Tribunal.
港大法律學院首席講師張達明，被指 2020 年任職律師會理事期間，先後兩次在未經授權下，披露香港律師會內部事宜。律師會同年 5 月通過不信任動議，並轉介投訴至律師紀律審裁組。
15 Nov 2022法庭線#5717
2020 年金鐘派防疫品被控違限聚令 2 職工盟屬會義工認罪罰 8,000 元 另 4 人押後再訊
On 6 May 2020, the Construction Site Workers General Union, an HKCTU-affiliated union, set up a street booth at the Admiralty Harcourt Road footbridge to distribute anti-epidemic supplies under the theme “Admiralty With You Lunch: Get Supplies”. Ten volunteers were summonsed for breaching the gathering ban. Six appeared at Eastern Magistrates’ Courts on Tuesday (15th), with two pleading guilty and each being fined HK$4,000. The cases of the other four were adjourned.
2020 年 5 月 6 日，職工盟屬會「建築地盤職工總會」，於金鐘海富天橋設「金鐘和你 Lunch 之攞物資」街站派發防疫物資，10 名義工被票控違反「限聚令」，當中 6 人周二（15 日）在東區裁判法院再訊，2 人認罪各判罰 4,000 元。
11 Nov 2022法庭線#5704
4 人涉轉載許智峯、張崑陽等貼文 被控煽惑立會選舉投白票或不投票 1 人認罪
Nearly a year after the 2021 Legislative Council election concluded, the Independent Commission Against Corruption on Wednesday (9th) charged four people with allegedly inciting others to cast blank ballots or not vote during the election. It said they had reposted or displayed on Facebook posts by former Legislative Council member Ted Hui, Sunny Cheung, spokesperson for the former Higher Institutions International Affairs Delegation, and former Sha Tin district councillor Man Chun Yau.
The four appeared at Eastern Magistrates’ Court for the first time on Friday (11th). One pleaded guilty. Chief Magistrate Ada Shun Yee Yim said the defendant had no criminal record and had shown remorse, and sentenced the person to two months’ imprisonment, suspended for 18 months. The other three applied to adjourn their cases until late November to January 2023 for a further hearing, and the applications were approved by the magistrate. All were continued on bail.
2021 年立法會換屆選舉結束近一年，廉政公署周三（9 日）起訴 4 人涉在選舉期間煽惑他人投白票或不投票，指他們在 Facebook 轉載或展示前立法會議員許智峯、前大專學界國際事務代表團發言人張崑陽，以及前沙田區議員丘文俊的貼文。
4 人周五（11 日）在東區裁判法院首提堂。其中 1 人認罪，主任裁判官嚴舜儀指無案底和有悔意，判監禁 2 個月、緩刑 18 個月。另外 3 人申請案件押後至 11 月底至 2023 年 1 月再訊，均獲裁判官批准。各人續准擔保。
11 Nov 2022法庭線#5706
投訴警方後須停職接受紀律聆訊 檢控主任指偏頗申司法覆核 高院拒批許可
Huang Wah-fan, then a Senior Court Prosecutor II at the Eastern Magistrates’ Courts, was accused of writing to then Secretary for Justice Teresa Cheng and Director of Public Prosecutions David Cheuk Yin Leung in 2019 in her capacity as chair of the Court Prosecutors Association, complaining that police had lied. She was suspended in 2021 and required to face a disciplinary hearing.
Huang challenged the fact that the two barristers serving as prosecutor and legal adviser at the hearing had not disclosed that they came from the same chamber. She applied to the High Court for judicial review of the disciplinary hearing committee chair’s decision that the arrangement was not biased. High Court Judge Ko Ho-man handed down his judgment on Friday (the 11th), refusing leave for judicial review and ordering the applicant to pay the costs.
時任東區裁判法院高級二級檢控主任黃華芬，被指 2019 年以「法庭檢控主任會」主席名義，去信時任律政司長鄭若驊及刑事檢控專員梁卓然，投訴警方說謊，在 2021 年遭停職，並須接受紀律聆訊。
黃爭議在聆訊中擔任檢控及法律顧問的兩名大律師，未申報來自同一辦事處（chamber），遂向高院提出司法覆核，挑戰聆訊委員會主席認為相關安排沒偏頗的決定。高等法院法官高浩文周五（11 日）頒下判詞，拒頒覆核許可，並下令申請人支付訟費。
10 Nov 2022法庭線#5697
11.12 中大二號橋｜2 人脫暴動罪律政司提上訴 爭議原審考慮證據出錯 1 人據了解已離港
On 12 November 2019, protesters at CUHK’s Bridge No. 2 responded to the “Dawn Action” by throwing miscellaneous objects onto the East Rail tracks and Tolo Highway. Riot police fired more than 1,000 rounds of tear gas to disperse them. Two CUHK and PolyU students arrested in connection with the incident were acquitted of rioting after trial in July 2021. The Department of Justice, dissatisfied with the decision, filed an appeal by way of a stated case. On Thursday (10th), it discussed the wording of the appeal documents with trial judge Clement Lee at the District Court.
The CUHK student was absent from Thursday’s hearing and is understood to have left Hong Kong. The court was told that the Department of Justice’s grounds of dispute included whether the trial court had placed excessive weight on the prosecution’s lack of circumstantial evidence specifically linking the defendants to the offence, while overlooking the defendants’ clothing and equipment. The case will be handled by the Court of Appeal of the High Court.
2019 年 11 月 12 日，中大「二號橋」有示威者響應「黎明行動」，丟雜物至東鐵路軌及吐露港公路，防暴警員發逾千枚催淚彈驅散。2 名事件中被捕的中大及理大生，2021 年 7 月經審訊後，被裁定暴動罪名不成立。律政司不服決定，以「案件呈述」方式提出上訴，周四（10 日）在區域法院，就上訴文件字眼與原審法官李慶年商議。
其中，中大生周四缺席聆訊，據了解他已離港。庭上透露，律政司爭議點，包括原審是否過份顧及控方缺乏針對被告環境證據、忽略被告衣著裝備等。案件將在高等法院上訴庭處理。
10 Nov 2022法庭線#5698
政府拒承認同性海外註冊婚姻 岑子杰獲批許可上訴至終院
Jimmy Sham, a member of Rainbow Action and former convenor of the Civil Human Rights Front, earlier lost a judicial review challenging Hong Kong law’s refusal to recognise overseas same-sex marriages. Dissatisfied with the ruling, he lodged an appeal, which was rejected in August this year. Two months later, he applied to the Court of Appeal for leave to appeal to the Court of Final Appeal.
「彩虹行動」成員、前民陣召集人岑子杰，早前就香港法律不承認海外同性婚姻提司法覆核敗訴。他不服判決提出上訴，今年 8 月被駁回，兩個月後再向上訴庭申請上訴許可，希望上訴至終審法院。
10 Nov 2022法庭線#5699
環保署前督察宣誓簽「天日昭昭」被命退休 申覆核許可被拒 上訴再遭駁回
From the end of 2020, the government required civil servants to take an oath pledging allegiance to the Hong Kong government and upholding the Basic Law, or leave the civil service. In February 2021, a senior inspector of the Environmental Protection Department signed “Heaven bears witness” three times on his oath declaration. The authorities said he had failed to properly sign the declaration and ordered him to retire early. He challenged the decision as unconstitutional and applied for leave to seek judicial review, but permission was refused. He subsequently appealed.
Judges Au Hing-cheong and Anderson Ka Ming Chow handed down their judgment on Thursday (10th), finding that none of the appellant’s grounds had merit. They dismissed the appeal and ordered the appellant to pay the costs.
政府 2020 年底起要求公務員宣誓，效忠港府及擁護《基本法》，否則須離職。環保署高級督察 2021 年 2 月，三度在宣誓聲明上簽署「天日昭昭」，被局方指沒簽妥聲明而下令他提早退休。他質疑當局決定違憲，申請司法覆核許可但被拒，其後再上訴。
上訴庭法官區慶祥及周家明周四 (10 日) 頒下判決，認為上訴人所有理據均沒有可取之處，駁回上訴，頒令上訴人須付訟費。
Translations are supplied by the source workbook. Consult the original reporting for context.
