3 Oct 2022獨媒#2553
13人槍械案 10人被控串謀謀殺警察及《反恐條例》等 所有被告正式交付高院
On the eve of the 8 December 2019 International Human Rights Day mass march, police seized firearms and weapons at guesthouses, warehouses and other locations. Thirteen people were subsequently charged, including the owner of the “3C Repair Workshop”, a “yellow shop”, and three of the “12 Hong Kong residents”. Some have been remanded in custody for nearly three years. Ten of them were charged with conspiracy to murder police officers, as well as the offence of prohibition against bombing prescribed targets under the United Nations (Anti-Terrorism Measures) Ordinance. This was the first time the Anti-Terrorism Ordinance had been used since its passage in 2002. The case came before Eastern Magistrates’ Court today (the 3rd) for its eighth hearing. Magistrate Loretta Suk Han Lau formally committed all the defendants to the High Court for further proceedings. None applied for bail, and they continued to be remanded in custody.
2019年12月8日「國際人權日大遊行」前夕，警方在民宿及貨倉等檢獲槍械武器，先後起訴13人，包括黃店「3C維修工作室」老闆及「12港人」的3人，部分人還柙近3年。其中10人遭控串謀謀殺警察，以及《聯合國（反恐怖主義措施）條例》下「對訂明標的的爆炸的禁制罪」，是次為《反恐條例》自2002年通過至今首次使用。案件今（3日）於東區裁判法院第8次提訊。裁判官劉淑嫻將所有被告正式交付到高等法院，以待處理。各人均沒有保釋申請，繼續還柙。
3 Oct 2022法庭線#2557
將軍澳景林邨法團 2021 年換屆選舉衝突 傷人罪成兩男提上訴 指事情非可合理預見
During the election for a new term of the incorporated owners of Tseung Kwan O’s King Lam Estate in July 2021, several people rushed onto the stage and a conflict broke out. Two men were accused of pushing a security guard, causing him to lose his balance and knock into firefighting equipment. His buttocks landed on glass shards on the floor, and his left buttock required two stitches. The two men were convicted of assault and on Monday (the 3rd) appealed against their convictions in the High Court.
將軍澳景林邨 2021 年 7 月舉行法團換屆選舉期間，多人衝上台起衝突。其中兩名男子被指推跌保安員，致其失平衡撞倒消防救火裝置，臀部着落地上玻璃碎，左臀需縫兩針。兩人被裁定傷人罪罪成，周一（3 日）在高等法院就定罪提上訴。
3 Oct 2022法庭線#2558
5.24 銅鑼灣｜涉「私了」律師陳子遷 三男與控方達認罪協商 暴動改控非法集結
The defence said that, except for the first defendant, the other three had reached plea agreements with the prosecution. The charge of rioting was changed to unlawful assembly, and they admitted the charges of participating in an unlawful assembly and wounding with intent. After the second defendant, who had initially intended to plead not guilty, reached an agreement, the charge of possessing weapons was placed on the court file. The three men were allowed to remain on bail, and the case was adjourned to October 18 for a further hearing.
辯方指，除首被告外，其餘三人已與控方達成認罪協商，控罪由暴動改為非法集結，並承認參與非法集結及有意圖而傷人兩罪。當中原擬不認罪的次被告達協商後，其藏武罪獲存檔法庭。3 人獲准繼續保釋，押後 10 月 18 日再訊。
30 Sept 2022獨媒#2543
不滿政府推疫苗通行證 市民司法覆核許可遭拒再上訴
The Government introduced the Vaccine Pass on 24 February this year, requiring members of the public to be vaccinated against COVID-19 to enter specified premises such as shopping malls and markets. A member of the public who had not been vaccinated at the time, dissatisfied that the Government’s measures restricted his personal freedom, applied to the High Court in the same month for leave to seek judicial review and asked for the measures to be quashed. His application was dismissed, and he subsequently appealed. The appeal was heard remotely at the High Court today (30th). The applicant argued: “Give Hong Kong people back their freedom and justice, and let them decide whether to get vaccinated.” He also said whether a person had been vaccinated would affect the ease of employment, and that describing the consequence merely as causing a slight inconvenience was “an utter absurdity”. Appeal judges Au Hing-cheung and Lam Wan-ho said they would hand down their decision on a date to be fixed.
政府於今年2月24日起實施「疫苗通行證」，市民進入商場、街市等表列處所須接種新型冠狀病毒疫苗。一名當時未打疫苗的市民不滿政府措施限制其人身自由，於同月入稟高等法院申請司法覆核許可，要求撤銷措施。其申請遭駁回，他再提出上訴，今（30日）在高等法院進行遙距聆訊。申請人陳詞指：「畀返香港人一個自由同公道，決定打唔打針」，並認為有否打針會影響「就業方便程度」，若僅稱導致少許不便，是「荒天下之大謬」。上訴庭法官區慶祥及林雲浩指將會擇日裁決。
30 Sept 2022獨媒#2545
藏索帶罪成、已刑滿男生 引終院裁決上訴得直 官指脫罪純屬僥倖
On 11 November 2019, netizens launched the “three strikes”. A 17-year-old student was alleged to have possessed barbecue tongs, zip ties and other items outside the public toilet at Aldrich Bay Playground in Shau Kei Wan. In 2021, he was convicted of “possession of an instrument fit for an unlawful purpose with intent to use it for an un…”.
2019 年 11 月 11 日，網民發起「三罷」，17 歲男生被指在筲箕灣愛秩序灣遊樂場公廁外，藏有燒烤鉗、索帶等物品，2021 年被裁定「管有適合作非法用途的工具並意圖作非
29 Sept 2022法庭線#2535
陳朗昇被票控 2021 年駕車衝紅燈罪成 罰款 2,000 元 預定晚上赴英參加「學人計劃」
Hong Kong Journalists Association chairman Chan Long-sing was accused of running a red light while driving a private car on Clear Water Bay Road in July 2021. He denied one summons charge of “failing to comply with the indication given by traffic lights”. The case concluded on Wednesday (28th), and acting magistrate Leung Wan-chong found Chan guilty of the summons offence at Kowloon City Magistrates’ Courts on Thursday (29th), fining him HK$2,000.
記協主席陳朗昇被指於 2021 年 7 月，在新清水灣道駕駛私家車時衝紅燈，他否認一項「沒有遵照交通燈的指示」傳票控罪，案件周三（28 日）審結，暫委裁判官梁蘊莊周四（29 日）在九龍城裁判法院裁定陳傳票控罪罪成，罰款 2,000 元。
29 Sept 2022法庭線#2536
許智峯涉虛報外訪後棄保 4 項藐視法庭罪成 判囚 3 年半
Former Legislative Council member Hui Chi-fung, who announced his exile overseas last March, was earlier taken to the High Court by the Department of Justice, which alleged that he had failed to appear in court as required by his bail conditions and had led the police and court to believe that he would return to Hong Kong after travelling to Denmark. The High Court found Hui guilty of four counts of contempt of court in early June this year. Judge Andrew Hing Wai Chan sentenced Hui to three years and six months in prison on Thursday (29th).
去年 3 月宣布流亡海外的立法會前議員許智峯，早前被律政司入稟高等法院，指他未有按保釋條件出庭應訊，以及令警方和法庭相信他出訪丹麥後會回港。高院今年 6 月初裁定許智峯 4 項藐視法庭罪成。法官陳慶偉周四（ 29 日）判許智峯監禁 3 年 6 個月。
29 Sept 2022法庭線#2538
企圖搶警槍罪成囚 7 年 紮鐵工獲批上訴許可
Netizens launched “Blossom in 18 Districts” on 13 October 2019. Several men and women were accused of attempting to snatch a suspect from police and of “flying-kicking” police officers in Mong Kok. A 31-year-old steel fixer was convicted of three offences, including attempting to seize a police firearm and assaulting police, and sentenced to seven years in prison—the heaviest sentence imposed on a protester in anti-extradition amendment cases heard by the District Court.
The steel fixer, who appealed against his sentence, was granted leave to appeal by the Court of Appeal of the High Court last Friday (the 23rd). In a judgment handed down on Thursday (the 29th), Judge Pang Wai-cheong said the trial judge Adriana Noelle Tse Ching had not addressed “joint criminality” when reaching the verdict, but had relied on it in sentencing, adding that “this approach is open to question”. He stressed that attempting to snatch a police firearm was a serious offence, and that it was difficult to determine whether there was ultimately scope for reducing the sentence, but said the issue was nevertheless a reasonable one open to argument.
網民 2019 年 10 月 13 日發起「十八區開花」，數名男女被指在旺角「搶犯」、「飛踢」警員，31 歲紮鐵工企圖搶槍、襲警等 3 罪罪成，判囚 7 年，為區院審理的反修例案件中，判刑最重的示威者。
紮鐵工不服判刑上訴，上周五（23 日）在高等法院上訴庭獲批上訴許可。法官彭偉昌周四（29 日）頒下判詞指，原審法官謝沈智慧在裁決時，未有處理「共同犯罪」，卻在判刑時以此量刑，「這個做法是有商榷餘地」。他強調，搶警槍是嚴重罪行，刑期最終是否有下調空間，不易作出定論，但都是合理可供辯的議題。
29 Sept 2022法庭線#2539
12.25 九龍灣｜4 人非法集結罪成判社服令 律政司提覆核被拒 惟官質疑被告無悔意
On Christmas Day 2019, netizens launched a “Shop with You” action at Telford Plaza in Kowloon Bay. Seven men and women were convicted of unlawful assembly, with four of them sentenced to 240 hours of community service. The Department of Justice, dissatisfied that the sentences were too lenient, applied to the Court of Appeal for a review, proposing that the four be sentenced to detention in a rehabilitation centre or short-term imprisonment. The application was heard by the High Court’s Court of Appeal on Thursday (29th).
2019 年聖誕節，網民在九龍灣德福廣場發起「和你 Shop」，7 名男女被裁定非法集結罪成，當中 4 人被判 240 小時社會服務令。律政司不服判刑過輕，向上訴庭提覆核，建議改判入更生中心或短期監禁，周四（29 日）在高院上訴庭審理。
3 名法官聽畢雙方陳詞，認為原審判刑原則犯錯、明顯過輕，但指考慮所有情況，不適合變動 4 人刑期，最終駁回律政司申請，將於 6 個月內頒下判詞交代理據。
28 Sept 2022法庭線#2532
警據《國安法》申手令查新聞材料 黎智英覆核敗訴再提上訴 10 月底宣判
Jimmy Lai applied for a judicial review challenging the legality of a new search warrant, but was ruled to have lost last month. He appealed at the High Court on Wednesday (28th). The appellant argued that “specified evidence” under the implementation rules of the National Security Law did not include journalistic materials, and proposed that the court issue guidance to lower courts requiring them to balance the public interest before approving the seizure of journalistic materials. The Department of Justice argued that the magistrate had already sufficiently balanced the public interest and human rights when issuing the warrant. Judgment was adjourned until the end of October.
黎智英提出司法覆核，挑戰新搜查令的合法性，上月被裁定敗訴，周三（28 日）在高等法院進行上訴。上訴方爭議《國安法》實施細則內的「指明證據」，不包括新聞材料，又建議法庭為下級法院頒指引，平衡公眾利益後，才可批准檢取新聞材料。律政司一方則認為，裁判官批出手令時，已充分平衡公眾利益及人權。案件押至 10 月底裁決。
Translations are supplied by the source workbook. Consult the original reporting for context.
