5 Sept 2025法庭線#7264
反恐首案32歲男被告囚9年 另承認管有彈簧刀等加監5個月 提刑期上訴被駁回
On the eve of the 8 December 2019 International Human Rights Day march, police uncovered a large quantity of weapons, including pistols and ammunition. Several people were subsequently arrested and accused of conspiring to kill police officers, and the government brought charges under the Anti-Terrorism Ordinance for the first time. Among them, 32-year-old Chan Yuk-lung pleaded guilty in the High Court to possessing firearms and ammunition without a licence and was sentenced to nine years in prison. Chan was also charged with possessing a flick knife and failing to display a valid vehicle registration plate. He pleaded guilty in the Magistrates’ Court to one count each of possession of a prohibited weapon and forgery, and was sentenced to an additional five months in prison.
Chan appealed against the sentence imposed by the Magistrates’ Court, arguing that the starting point for sentencing was too high and that, as the offences arose from his arrest by police in connection with the “anti-terrorism case”, the sentences should have been served entirely concurrently. The appeal was heard in the High Court’s Court of First Instance on Friday (the 5th). Acting Judge Yiu Fan-chi found that the sentencing starting point was not manifestly excessive and that the two cases differed in nature and background. The appeal argument that the sentences could have been served entirely concurrently if he had been sentenced together in the High Court was “purely speculative”. The judge also said that the magistrate had already ordered part of the sentence to run concurrently and that the sentence was appropriate. The appeal was dismissed the same day.
2019 年 12 月 8 日「國際人權日大遊行」前夕，警方搜出大批武器，包括手槍、子彈等，事後多人被捕，被指串謀殺警，政府首引《反恐條例》下的控罪起訴。當中 32 歲男子陳玉龍在高院承認無牌管有槍械及彈藥，判囚 9 年。陳另涉管有彈簧刀及沒展示有效車牌等，在裁判法院承認各一項「管有違禁武器」及「偽造文件」罪，加監 5 個月。
陳不服裁判法院的刑期上訴，指量刑起點過高，加上源於警方就「反恐案」拘捕他時發生，刑期應全數同期執行。上訴案周五（5 日）在高院原訟庭審理。暫委法官姚勳智認為，量刑起點非明顯過重，而兩案的性質、背景不同，上訴方稱若在高院一併判刑，可以全數同期執行是「純屬臆測」。官又稱，裁判官已將部分刑期同期執行，量刑恰當，即日駁回上訴。
5 Sept 2025法庭線#7265
香港獨立黨案被告認串謀煽動分裂囚5年 刑期上訴被駁回、申證明書上訴終院再被拒
The 41-year-old Portuguese man Wong Kin Chung, who was identified as the chairman of the Hong Kong Independence Party, was arrested when he entered Hong Kong in 2022. He admitted the offence of “conspiracy to incite others to commit secession” under the National Security Law and was sentenced to five years’ imprisonment. As the National Security Law provides for a minimum sentence, he was not granted the full reduction for his guilty plea. He subsequently applied for leave to appeal against his sentence, but the Court of Appeal dismissed the application in April this year. Wong Kin Chung then applied to the Court of Appeal for a certificate to seek leave to appeal to the Court of Final Appeal. In a judgment handed down on Friday (the 5th), the Court of Appeal dismissed the application.
The defendant disputed whether the National Security Law’s minimum-penalty provision applies to the conspiracy offence. The Court of Appeal held that the legislative intent of the National Security Law was for its sentencing mechanism to apply equally to conspiracy offences. It found that the appellant’s grounds had no reasonable prospect of argument and refused to issue a certificate.
The Court of Final Appeal’s website also shows that the defendant has directly applied to that court for leave to appeal. According to the Judiciary’s website, the case has not yet been scheduled for hearing.
被指為「香港獨立黨」主席的 41 歲葡籍男子黃煡聰，2022 年入境時被捕，他承認《國安法》下「串謀煽動他人實施分裂國家」罪，被判囚 5 年。因《國安法》刑期下限，他未獲全數認罪扣減，就此申請刑期上訴許可，今年 4 月被上訴庭駁回。黃煡聰之後再向上訴庭申證明書，以申請終院的上訴許可，上訴庭周五（5 日）頒下判詞，駁回申請。
黃爭議《國安法》中刑罰下限的規定，是否適用於串謀罪。上訴庭認為，《國安法》的立法用意，是其刑罰機制同樣適用於串謀罪，上訴人的理據毫無合理爭辯之處，拒絕發出證明書。
另據終審法院網頁顯示，黃亦已直接向終院申上訴許可，據司法機構網頁，案件暫未排期聆訊。
4 Sept 2025法庭線#7257
六四沙田黑漆噴「6436」、蠟燭圖案 曾建峯認罪 官指有機會判監
Former Civic Party member Tsang Kin-fung, known as “the domineering brother”, was accused of spray-painting “6436” and candle designs in black on Fo Tan Road and notice boards on June 4 this year. He was charged with criminal damage. The case was originally scheduled for trial at Sha Tin Magistrates’ Courts on Thursday (the 4th), but the defendant changed his plea to guilty before the trial began.
The defence said in mitigation that the defendant committed the offence after drinking because his mother’s health had deteriorated and he was experiencing difficulties with his novel writing. It said his conduct had been unwise, but that he had previously obeyed the law. Acting Magistrate Kong Mei-yee adjourned the case to September 18 for sentencing, pending social service order and probation reports, and stressed that imprisonment remained possible. The defendant was granted bail pending sentencing.
前公民黨成員、人稱「霸氣哥」的曾建峯，被指於今年六四在火炭馬路及告示欄，以黑色噴漆噴上「6436」、蠟燭圖案，被控刑事損壞。案件原定周四（4 日）在沙田裁判法院開審，被告開審前改為認罪。
辯方求情指，被告因母親健康變差、小說創作不順利，喝酒後干犯本案，行為實屬不智，惟他之前一直奉公守法。暫委裁判官江美儀押至 9 月 18 日判刑，候索取社會服務令及感化報告，強調仍有機會判監。被告准保釋候判。
4 Sept 2025法庭線#7258
反恐第二案｜陪審團經3天半商議裁定3人罪成、5人無罪 10月處理求情
In the second case under the Anti-terrorism Ordinance, a nine-member jury began deliberating on Monday and, after about 28 hours, unanimously found all seven principal charges under the Anti-terrorism Ordinance against the first seven defendants unproven on Thursday afternoon (the 4th). However, three defendants were convicted on the alternative charge of conspiring to cause an explosion likely to endanger life. The eighth defendant was acquitted of attempting to manufacture explosives.
Of the three convicted defendants, Ho Cheuk Wai nodded when the verdict was delivered, Lee Ka-ban smiled and appeared calm, and Christopher Ka Tsun Cheung also appeared calm. Of the five acquitted defendants, Tsz Lok Ng appeared nervous and looked up at the ceiling, Yeung Yee-sze lowered their head, while Cheung Cheuk-ki and Ho Pui-yan had tears in their eyes. Cheung nodded to the lawyers, covered their face and sobbed. Chow Ho-man remained calm and nodded. Some friends and relatives in the public gallery wiped away tears with tissues. Lawyers from the teams embraced one another when the court adjourned.
Judge Chan Chung-hang adjourned the case until 10 October for mitigation and sentencing. Clinical psychologist reports were ordered for the three convicted defendants, while a psychiatric report was ordered for the fourth defendant. Two acquitted defendants applied for costs, which will be dealt with at the next mention.
The case concerned the 2020 explosion incidents in a toilet at the accident and emergency department of Caritas Medical Centre and at Lo Wu Station. The prosecution also alleged that the defendants had planned to detonate a bomb in the car park of Sheung Tak Estate in Tseung Kwan O, but police arrested them before the incidents took place (see the main text for the individual case details). According to calculations by The Witness, the five acquitted defendants had been remanded for more than 40 to more than 2,000 days and were released the same day. The three convicted defendants had each been remanded for more than 2,000 days, and their offences carry a maximum sentence of 20 years' imprisonment.
反恐條例第二案 9 人陪審團由周一開始退庭，經過約 28 小時退庭商議後，周四（4 日）下午一致裁定首 7 名被告《反恐條例》主控罪全部不成立，其中 3 人的「串謀導致相當可能危害生命的爆炸罪」交替控罪成立。第八被告的企圖製造炸藥亦不成立。
罪成的 3 人，何卓為聞判時點頭，李嘉濱微笑、表現平靜，張家俊亦見平靜；獲裁無罪的 5 人，吳子樂緊張、望天，楊怡斯低頭，張琸淇及何培欣眼泛淚光，張並向律師點頭、掩面飲泣。周皓文則平靜、點頭。有旁聽親友用紙巾拭淚。散庭時有律師團隊相擁。
法官陳仲衡押後至 10 月 10 日處理求情及判刑，並為 3 名罪成被告索取臨床心理學家報告，另為第四被告索取精神科醫生報告。兩名無罪被告有訟費申請，下次提訊將一併處理。
本案圍繞 2020 年明愛醫院急症室廁所、羅湖站爆炸案，控方亦指控被告策劃在將軍澳尚德邨停車場引爆炸彈，不過警方在事發前拘捕各人（個人案情見內文）。據《法庭線》計算，獲裁無罪的 5 人已還押逾 40 至逾 2000 天，即日獲釋。罪成 3 人皆已還押逾 2000 天，他們的罪名最高可判囚 20 年。
4 Sept 2025法庭線#7259
反恐第二案｜案中7人被控《反恐條例》 陪審團裁全部不成立 警：未來積極引用《國安法》等罪
After about 28 hours of deliberation, the nine-member jury in the second case under the Terrorism Ordinance unanimously found on Thursday (4th) that all the principal charges under the Terrorism Ordinance against the first seven defendants were not proven. The alternative charge of conspiracy to cause an explosion was proven against three of them. The eighth defendant was also found not guilty of attempting to manufacture explosives (see separate report).
Regarding the five people who were acquitted, Cheung Pak-kit, a senior superintendent of the Police National Security Department, said the police would study the legal issues involved with the Department of Justice. Asked about all seven defendants charged under the Terrorism Ordinance being found not guilty by the jury, Cheung said the court had earlier ruled that a prima facie case had been established against all defendants, reflecting the court’s view that the prosecution had presented sufficient evidence to require the defendants to enter their defence. He also said the police would actively invoke the National Security Law and the improved Safeguarding National Security Ordinance in future prosecutions.
Regarding allegations by some defendants that they had been “beaten, threatened and coaxed” by police into making confessions after their arrests, Cheung stressed that the evidence had already been assessed by the court in another proceeding before the formal trial. The judge had ruled that the evidence was obtained within a lawful framework and that the statements were made voluntarily, “so this is part of what has been certified by the court.”
反恐條例第二案 9 人陪審團，經過約 28 小時退庭商議後，周四（4 日）一致裁定首 7 名被告《反恐條例》主控罪全部不成立，其中 3 人的「串謀導致爆炸」交替控罪成立。第八被告的企圖製造炸藥亦不成立（見另稿）。
就 5 人獲判無罪，警方國安處警司張伯傑指，會與律政司就所涉的法律議題進行研究。至於案中有 7 人被控《反恐條例》，均被陪審團裁定不成立，張回應指，法庭早前裁定本案所有被告「表證成立」，反映法庭認為控方舉證充足，足以要求被告答辯，又指警方未來會積極引用《國安法》和已完善的《維護國家安全條例》檢控。
至於有被告指控被捕後，遭警方「打、嚇、氹」逼供，張強調，本案證據於正式審訊前，已在另一程序經法庭評核，法官裁定證據在合法框架下獲取、口供是被告自願作出，「所以呢個係得到法庭認證咗嘅一部分」。
3 Sept 2025法庭線#7250
自閉症男生侮辱國旗罪成、申終極上訴許可 終院要求提理據解釋為何不應駁回
On October 1, 2022, a 19-year-old male student with autism was alleged to have damaged the flagpoles of five national and regional flags in Sham Shui Po, while the flags themselves were not damaged. He denied three charges, including insulting the national flag, and said at trial that the flags’ bright colours made him uncomfortable, causing him to pull down the flagpoles. The magistrate ruled that his actions meant the flags could not be displayed solemnly and undermined national dignity. He was convicted on all charges and sentenced to a rehabilitation centre. He appealed against the convictions, but the High Court dismissed the appeal in March this year.
The student subsequently applied directly to the Court of Final Appeal for leave to appeal. On Wednesday (the 3rd), the court’s registrar said there was no reasonably arguable point in the case and ordered the applicant to submit, by October 2, reasons why the application should not be dismissed.
2022 年 10 月 1 日，19 歲患自閉症男學生被指在深水埗損毀 5 支國旗及區旗旗桿，旗幟則沒受損。他否認「侮辱國旗」等 3 罪受審，稱旗幟顏色鮮艷令他不適而扯下旗杆，原審裁判官裁定其行為致旗幟未能莊嚴展示，削弱國家尊嚴，全數判處罪成，判入更生中心。他不服定罪提出上訴，今年 3 月被高院駁回。
男生其後直接向終院申請上訴許可，終院司法常務官周三（3 日）指案件沒有合理可供爭辯之處，限申請方在 10 月 2 日前，提出不應駁回其申請的原因。
3 Sept 2025法庭線#7251
前社民連余煒彬被指未經准許展示橫額獲裁無罪 官稱涉示威權利要更審慎考慮
The League of Social Democrats, which announced its dissolution before this year’s July 1, set up a street booth in Causeway Bay in September 2022 and displayed a banner featuring photographs of Leung Kwok-hung, Shum Tsz-kit and Chan Ho-fung. Its vice-chairman Yu Wai-pan, member “Niu” Tsang Kin-shing and Christina Yuen Ching Tang were charged by summons with displaying bills or posters on government land without permission. Tsang and Tong pleaded guilty and were fined. Yu pleaded not guilty, and after a trial, magistrate Chee Hong Lam ruled at Eastern Magistrates’ Courts on Wednesday (the 3rd) that Yu was not guilty of the summons charge.
In the ruling, the magistrate said the banner was small and, hung in the colourful streets of Causeway Bay, could not be considered conspicuous or a “major blemish” on the cityscape. The street booth and banner occupied only a limited area of the pedestrian zone that day and did not cause environmental nuisance; pedestrians could also walk through easily and comfortably. In addition, the banner was displayed for only about 40 minutes, which was relatively brief. The magistrate noted that the banner had a political element, which favoured the defence, and said the court had to consider the rights to procession and demonstration with greater caution.
The magistrate concluded that the prosecution had failed to prove that the banner displayed that day met the statutory restriction’s meaning of “display”, namely “the usual regularity of a fixed nature”, and acquitted Yu of the summons charge. Outside court, Yu said the court had interpreted the law correctly, but the ruling “doesn’t represent anything”, because the League of Social Democrats had dissolved: “What street booths will we still see?” He also said, “As long as the government deliberately suppresses dissent, it can still weaponise this law.”
在今年「七一」前宣布解散的社民連，2022 年 9 月在銅鑼灣設街站，展示印有梁國雄、岑子杰、陳皓桓相片的橫額。內務副主席余煒彬、成員「阿牛」曾健成及唐婉清，遭票控「未經准許而在政府土地展示招貼或海報」；曾及唐認罪被判罰款。余不認罪，案件經審訊後，裁判官林子康周三（3 日）於東區裁判法院裁定余傳票控罪罪名不成立。
裁判官裁決時指，涉案橫額面積細，在五光十色的銅鑼灣鬧市懸掛橫額，稱不上顯眼，亦沒對市容構成「大污點」。當天街站及橫額只佔行人專用區有限位置，沒有構成環境滋擾，行人亦可輕易及舒服地步行。此外，懸掛橫額的時間僅約 40 分鐘，相對短暫。官提到，涉案橫額有政治成分，有利辯方案情，因涉及遊行示威權利，法庭要更審慎考慮。
官總結指，控方未能證明當天展示的橫額，達條文限制的「展示」，即「固定程度的慣常規律性」，裁定余傳票控罪罪名不成立。余於庭外稱法庭正確詮釋法例，但是次判決「代表唔到啲咩」，因為社民連已解散，「究竟街頭上仲會見到咩街站？」他又提到，「只要政府刻意打擊異見，依舊可以武器化咁利用呢條法律。」
3 Sept 2025法庭線#7252
反恐第二案｜陪審團退庭商議第三日未有結果 重溫涉案TG試爆片、語音訊息
The second case under the anti-terrorism law entered its 162nd day of trial at the High Court on Wednesday (the 3rd). The nine-member jury continued deliberating its verdict and had still reached no decision after more than 23 hours by Wednesday night. Judge Chan Chung-hang adjourned the proceedings until Thursday morning for deliberations to continue.
The jury again asked on Wednesday to watch sections of evidence, reportedly including a video allegedly showing explosives being test-detonated and Telegram voice messages. At 8 p.m., the judge asked the jury to take a break and continue the following morning. The judge told the prosecution and defence that the jury had repeatedly asked to review recorded messages, and that it "did not seem to have reached an impasse, so it was making progress"; he therefore would not ask about its progress for the time being. The judge also provided fruit at the jury's request.
反恐條例第二案周三（3 日）於高院踏入第 162 天審訊，9 人陪審團繼續退庭商議裁決，至周三晚逾 23 小時仍未有結果，法官陳仲衡押後至周四早上繼續商議。
陪審團周三再要求觀看涉案片段，據悉包括被指試爆炸藥的影片、Telegram 語音訊息等。至晚上 8 時，官請陪審團休息，翌晨繼續。官向控辯雙方指，陪審團不斷要求重溫錄音訊息，「似乎唔係出現咗死結，咁係進展中」，故暫不會詢問其進度。官另應陪審團要求提供水果。
3 Sept 2025法庭線#7253
35歲男涉虛報中央駐港機構等地有炸彈 控方稱正與辯方商討控罪等 押後再訊
The Police National Security Department earlier arrested five people, alleging that from late April to mid-May this year they repeatedly sent false messages to police by telephone, email and instant messaging applications, claiming that they would detonate bombs at central government offices in Hong Kong and the Kai Tak Main Stadium. They also disseminated messages promoting “Taiwan independence” and “Hong Kong independence”, among others. One of the men, aged 35, was charged with five offences, including bomb hoaxes and intending to pervert the course of justice. He appeared at the West Kowloon Magistrates’ Courts on Wednesday (3rd).
警方國安處早前拘捕 5 人，指他們今年 4 月底至 5 月中，多次經電話、電郵和即時通訊軟件，向警方發放虛假訊息，聲稱會引爆在中央駐港機構和啟德主場館內的炸彈，並發放宣揚「台獨」和「港獨」等訊息。其中一名 35 歲男子被控炸彈嚇詐行為、意圖妨礙司法公正共 5 罪，周三（3 日）在西九龍裁判法院提堂。
控方指，正與辯方商討控罪、案情，「好有機會可以比較簡單地處理到呢單案件。」《國安法》指定法官、署理主任裁判官鄭念慈押至 10 月 15 日再訊，被告繼續還押。
2 Sept 2025法庭線#7243
反恐第二案｜陪審團第二日退庭商議未有結果 曾問主控罪與交替控罪分別
The second case under the Anti-Terrorism Ordinance entered its 161st day of trial at the High Court on Tuesday (the 2nd), with the nine-member jury still unable to reach a verdict. The judge said in the morning that the jury had raised six questions, including the difference between the principal charge and the alternative charge under the Anti-Terrorism Ordinance. A juror asked to continue deliberating after the evening adjournment, but the judge refused and arranged for deliberations to resume earlier on Wednesday. Regarding the principal charge, the judge explained that the jury could convict only if they were sure that the defendant intended, by means of explosives, to cause the death or serious bodily injury of another person, and that the explosive device was capable of producing that result. If the principal charge was not proved, the jury would then have to consider the alternative charge and determine whether the defendant intended to cause an explosion by means of an explosive device, where that explosion was likely to endanger life or cause serious injury.
At the jury’s request, recordings of the trial testimony of a security guard from Mega Cube, the first defendant Ho Cheuk-wai, and the fourth defendant Cheung Ka-chun were subsequently played in court. Audio messages relating to the case were also played in a closed session.
反恐條例第二案周二（2 日）於高院踏入第 161 天審訊，9 人陪審團仍未達成裁決。法官早上指陪審團提出 6 條問題，包括《反恐條例》主要控罪與交替控罪的分別；有陪審員提出晚上休庭後繼續商討，官拒絕，但安排周三提早開始繼續商議。
就主控罪，官解釋指陪審員要確信被告有意圖藉爆炸品導致他人死亡，或身體嚴重受傷，而爆炸裝置有能力造成此後果，才可以定罪；而若主控罪不成立，陪審員須考慮交替控罪，判斷被告是否有意圖藉爆炸裝置造成爆炸，而該爆炸「相當可能」危害生命或嚴重傷害。
在陪審團要求下，庭上其後播放宏創方保安員、首被告何卓為及第四被告張家俊庭上作供的錄音，另閉門播放涉案的語音訊息。
Translations are supplied by the source workbook. Consult the original reporting for context.
