31 Oct 2022法庭線#5642
維園刺警案|20 歲學生認暴動、拒捕 官判入教導所
On 1 July 2020, while police were subduing a 20-year-old student outside Queen's College, they suspected that a 21-year-old student had obstructed them and that a 24-year-old engineer had stabbed them with a folding knife. The three defendants had earlier pleaded guilty to rioting, wounding with intent and other charges. The 20-year-old student was sentenced to a detention centre at the District Court on Monday (31st).
2020 年 7 月 1 日,警員在皇仁書院外制服 20 歲學生期間,懷疑被一名 21 歲學生阻止,另疑遭 24 歲工程師以摺刀刺傷。涉案 3 人早前承認暴動、有意圖傷人等罪,其中 20 歲學生周一( 31 日)在區域法院被判入教導所。
28 Oct 2022法庭線#5630
11.18 大圍|刑毀罪成女生刑期上訴得直 減刑至 3 個月 若符條件日後可視為「無案底
On Nov. 18, 2019, a girl who was 17 at the time was alleged to have dismantled iron railings on a Tai Wai footbridge with five other people. She was convicted in 2021 of one count of criminal damage and sentenced to four months’ imprisonment. The girl appealed against both her conviction and sentence. The High Court ruled on Oct. 11 that her sentence appeal was allowed and reduced her sentence by one month, while her conviction appeal was dismissed. The written judgment was handed down on Friday (the 28th).
2019 年 11 月 18 日,案發時 17 歲的女生,被指與另外 5 人在大圍天橋上拆毀鐵欄,2021 年被裁定一項刑事損壞罪成,判囚 4 個月。女生不服定罪及刑期提上訴,高院 10 月 11 日裁定刑期上訴得直、減刑 1 個月,定罪上訴則駁回,並於周五(28 日)頒下判詞。
28 Oct 2022法庭線#5631
11.18 理大| 8 人佐敦暴動罪成判囚 44 至 56 月 官:對社會挖出極大傷口
On November 18, 2019, police surrounded the Hong Kong Polytechnic University, and some people attempted to help protesters inside the university from the Jordan area. Many people were arrested afterwards. Of the 10 people earlier charged with rioting and other offences, seven, including YouTuber Yik Cheuk-bong, were convicted after trial, while another pleaded guilty. On Friday (28th), the District Court sentenced the eight to between 3 years and 8 months and 4 years and 8 months in prison.
2019 年 11 月 18 日警方圍堵理工大學,有人試圖從佐敦一帶救助理大內示威者,事後多人被捕。其中 10 人早前被控暴動等罪, 7 人包括 YouTuber 易卓邦,經審訊被裁定罪成,另有 1 人認罪,周五(28 日)在區域法院被判囚 3 年 8 個月至 4 年 8 個月。
28 Oct 2022獨媒#5632
拒交資料案 國安警至少14次拒答問題 官認「徒勞無功」 辯方要求重新審視可披露資料
Chow Hang-tung criticised the prosecution’s allegations as misleading, citing its claim that “Organisation 2” and the Hong Kong Alliance in Support of Patriotic Democratic Movements of China had a common director, “Person 2”. In fact, “Person 2” had never served as a director of both organisations at the same time. Hung Ngai, the acting senior superintendent of the National Security Department responsible for the investigation, nevertheless consistently chose not to answer. The witness refused to answer Chow’s questions at least 14 times and left the courtroom at least five times while the parties argued over whether public interest immunity applied. The prosecution also repeatedly objected to the defence’s questions. Law Tak-chuen, the national security law designated judge and Chief Magistrate, said Chow’s cross-examination was like “guessing” and “futile”. The defence ultimately asked for a review of the disclosable materials on the grounds that the fairness of the trial was affected. Law may convene the case’s fourth closed-door hearing next Thursday.
鄒幸彤今批控方指控誤導,如稱「組織2」與支聯會有共同董事「人士2」,但事實上「人士2」從未同時任雙方董事,惟負責調查的國安處署理高級警司洪毅一律選擇不回答。證人今至少14次拒答鄒幸彤問題、至少5次避席待雙方爭拗 PII 是否適用,控方亦多次反對辯方提問,國安法指定法官、主任裁判官羅德泉直言鄒盤問如「猜謎」、屬「徒勞無功」。辯方終以影響公平審訊為由,要求重新審視可披露資料,羅德泉或將於下周四召開本案第4次閉門聆訊。
27 Oct 2022法庭線#5622
7.21 襲擊白衣人兩案審結 9 被告 4 爭議身份 1 脫罪 兩官指屬無差別襲擊、武裝結集
More than three years after the 7.21 attack in Yuen Long, police have so far arrested 51 white-clad people, 10 of whom were charged. Cheng Wai-ming, 64, was convicted of rioting and conspiracy to wound and was sentenced to four years and three months in prison on Thursday (the 27th) (see separate report), becoming the eighth white-clad person to be convicted.
The Stand News reviewed the two white-clad men riot cases concluded to date. Four of the nine defendants—Tang Wai-sun, Alex Lap Kee Choi, Zhirong Wang and Cheng Wai-ming—had disputed that they were among those shown in the footage presented to the court. The two District Court judges respectively ruled, based on features including appearance and clothing, that three were attackers that night and convicted them. Wong was acquitted. The Department of Justice has appealed, with the appeal scheduled to be dealt with in May 2023.
元朗 7.21 襲擊事發逾三年,警方至今拘 51 名白衣人,當中 10 人被控。64 歲程偉明暴動及串謀傷人兩罪成,周四(27 日)被判監禁 4 年 3 個月(見另稿),成為第八名被定罪的白衣人。
《法庭線》整理至今審結的兩宗白衣人暴動案件,9 名被告中,鄧懷琛、蔡立基、王志榮及程偉明等 4 人曾爭議並非呈堂片段中人;兩名區院法官分別根據容貌、衣着等特徵,裁定 3 人屬當晚施襲者,因此罪成;王則罪脫,律政司已提上訴,排期 2023 年 5 月處理。
27 Oct 2022法庭線#5625
7.21 白衣人|暴動、串謀傷人罪成 64 歲男囚 4 年 3 個月 高齡獲扣減 3 個月
More than three years after the 2019 Yuen Long 7.21 white-clad men attack, 64-year-old Cheng Wai-ming was accused of attacking members of the public with his fists and a rattan cane, and waving to signal other white-clad men to go to the platform. Following a trial, he was convicted of riot and conspiracy to assault and was sentenced to 4 years and 3 months in prison on Thursday (27th) at the District Court, which had moved to the West Kowloon Magistrates’ Courts.
2019 年元朗 7.21 白衣人襲擊事件發生逾 3 年,64 歲男子程偉明被指以拳頭及藤條襲擊市民,並招手示意其他白衣人前往月台。經審訊後,被裁定暴動及串謀傷人兩罪罪成,周四(27 日)在區域法院(移師西九龍裁判法院)被判監禁 4 年 3 個月。
27 Oct 2022法庭線#5626
郭卓堅再入稟申司法覆核 指政府修例廢免針紙無上訴機制 要求推翻
Kwok Cheuk-kin, known as the “Cheung Chau judicial review king”, won a judicial review last week after the High Court ruled that the Secretary for Health had no power to abolish vaccine exemption certificates. The government gazetted amendments this week allowing the Secretary for Health to abolish a vaccine exemption certificate where there are reasonable grounds for suspicion. Kwok filed another application for judicial review at the High Court on Thursday (27th), saying that those affected have no appeal mechanism after the government’s amendment, and asking the court to overturn the new law.
「長洲覆核王」郭卓堅上周司法覆核勝訴,高等法院裁定醫衞局長無權廢除免針紙。政府本周刊憲修例,醫衞局長有合理理由懷疑下可廢除免針紙。郭在周四(27 日)再入稟高院申請司法覆核,指政府修例後,受影響人士無上訴機制,要求法院推翻新例。
26 Oct 2022法庭線#5612
支聯會拒交資料案|鄒幸彤盤問提「天安門大屠殺」 遭控方反對 官下令改用「事件」
During questioning, Chow Hang-tung referred several times to the “Tiananmen Massacre” (Tiananmen Massacre). Prosecutor Cheung Cheuk-kin asked Chow to use “1989 Incident” (1989 Incident) instead. Chow at one point asked the prosecution whether it denied that there had been a “killing” that day. Lo Tak-chuen, the National Security Law-designated judge, ultimately accepted the prosecution’s request, saying that the court would not discuss politics in order to ensure fairness, that “incident” was a more neutral term, and that everyone understood what it referred to.
盤問期間,鄒幸彤數度提到「天安門大屠殺」(Tiananmen Massacre),主控張卓勤要求鄒改用「1989 年事件」(1989 Incident)。鄒一度反問控方「是否否認那天有一場殺戮(killing)」。《國安法》指定法官羅德泉最終接納控方要求,指法庭為保公正性不談政治,「事件」一詞較中性,又指大家都明意指甚麼。
26 Oct 2022法庭線#5613
旺角食肆「桔梗」涉欠租逾 3 百萬 業主入稟追租及要求遷出
Hong Kong Yau Yi Company, which operates the Mong Kok restaurant “Kikyo”, was alleged to have fallen behind on rent from July 2021. Two landlords filed a claim in the High Court on Tuesday (25th), seeking more than $3 million in rent arrears and interest, and demanding that “Kikyo” immediately vacate the premises and return the property vacant.
經營旺角食肆「桔梗」的香港郵意公司,被指由 2021 年 7 月起拖欠租金。兩名業主周二(25 日)入稟高等法院,追討超過 3 百萬元欠租及利息,並要求「桔梗」立即遷出舖位,交還空置物業。
26 Oct 2022法庭線#5615
認煽惑破壞店舖「360」 36 歲男判囚 2 月 2 周
A 36-year-old man was accused of calling on others in a Telegram group in October 2019 to use a “water attack” to damage Shop 360. After earlier pleading guilty to one count of inciting another to commit criminal damage, he was sentenced to 2 months and 2 weeks’ imprisonment at Eastern Magistrates’ Courts on Wednesday (the 26th).
36 歲男子被指於 2019 年 10 月,在 Telegram 群組呼籲他人以「水攻」破壞店舖「360」,早前承認一項「煽惑他人犯刑事損壞」罪,周三(26 日)在東區裁判法院被判監禁 2 個月 2 星期。
Translations are supplied by the source workbook. Consult the original reporting for context.