30 Jul 2025獨媒#7115
涉奏國歌期間背向球場 中大生侮辱國歌罪成 官：藉涉案行為表達對國歌不滿或不屑
During a World Cup Asian qualifying match between Hong Kong and Iran at Hong Kong Stadium on June 6 last year, a 19-year-old male student from CUHK’s Department of Government and Public Administration was accused of facing away from the regional flag on the pitch and lowering his head throughout the playing of China’s national anthem. He was arrested at the scene by police. The student denied the charge of insulting the national anthem. Following an earlier trial, the case was adjudicated today (the 30th) at the Eastern Magistrates’ Court. Magistrate Chee Hong Lam said the defendant had clearly turned away specifically from China’s national anthem, and that as the anthem was a symbol and emblem of national dignity, the only irresistible inference was that the defendant had used the act of turning away and facing his back to the pitch to express dissatisfaction with or disdain for the anthem, thereby insulting it. The magistrate also said the defendant had deliberately carried out the act in a public place with the intention of insulting the national anthem, and convicted him. In mitigation, the defence described the defendant as someone who loved Hong Kong and asked the court to consider that the case was relatively minor among similar cases and impose a non-custodial sentence. Magistrate Lam adjourned sentencing to August 13 and ordered a background report on the defendant for consideration. The defendant was granted bail pending sentencing, subject to an additional condition that he must not leave Hong Kong.
去年6月6日在香港大球場上演的港隊對戰伊朗世界盃亞洲區外圍賽賽事中，一名就讀中大政治及行政學系的19歲男學生被指在奏唱中國國歌期間，全程背向草地的區旗及低頭，遭警方當場拘捕。該男生否認侮辱國歌罪，經早前審訊，案件今（30日）於東區裁判法院裁決。裁判官林子康認為，被告明顯是針對中國國歌而轉身，而國歌作為國家尊嚴的象徵和標誌，唯一不可抗拒的推論是，被告藉轉身、背向球場來表達對於國歌的不滿或不屑，構成侮辱國歌，又指被告故意在公開的場合作出上述行為，有侮辱國歌的意圖，因此裁定罪成。辯方求情時，形容被告熱愛香港，冀法庭考慮案情屬同類案中較輕微，能判處非監禁式刑罰。林官最終押後至8月13日判刑，期間替被告索取背景報告以作考慮。被告獲准在等候判刑期間保釋，但是新增一項不准離開香港的條件。
30 Jul 2025法庭線#7116
涉虛報中央駐港機構等地有炸彈 35歲男加控意圖妨礙司法公正罪
The Police National Security Department earlier arrested five people for conspiracy to commit terrorist activities under the National Security Law. Police alleged that, from late April to mid-May this year, they repeatedly sent false messages to police by telephone, email and instant messaging apps, claiming that bombs would be detonated at offices of China’s central government agencies in Hong Kong and Kai Tak Sports Park, and disseminating messages promoting “Taiwan independence” and “Hong Kong independence”. The four women arrested were released on bail pending investigation, while the 35-year-old man was charged with four counts of bomb hoax offences under the Public Order Ordinance. He appeared again at West Kowloon Magistrates’ Courts on Wednesday (30th).
警方國安處早前以國安法下「串謀恐怖活動」罪拘捕 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體育園內的炸彈，並發放宣揚「台獨」和「港獨」等訊息。被捕 4 名女子獲准保釋候查，35 歲男子則被控 4 項《公安條例》下「炸彈嚇詐行為」罪，周三（30 日）於西九龍裁判法院再提堂。
控方指，警方已完成調查，申請加控 1 項「意圖妨礙司法公正」罪。《國安法》指定法官、署理主任裁判官鄭念慈將案件押後至 9 月 3 日再訊，待辯方索取文件及提供法律意見。被告沒保釋申請繼續還押。
29 Jul 2025法庭線#7110
反恐第二案｜次被告一方結案：兩警證供「夾出來」 被告招認屬非自願
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage. The Telegram channel “Ninety-Two Divinations” “九十二籤” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial entered its 145th day at the High Court on Tuesday (29). Counsel for the second defendant, Lee Ka-pan, barrister Chu Po-tin, continued his closing submissions, arguing that the evidence of two officers from the Organised Crime and Triad Bureau had been “colluded on” and was therefore unreliable. He also submitted that Lee’s admissions after his arrest had “all been made involuntarily”, saying that Lee had been “completely at the mercy of others” at the time. He asked the jury to consider carefully the credibility of the officers’ evidence.
The trial will continue on Wednesday.
2020 年初，明愛醫院、羅湖港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周二（29 日）於高院踏入第 145 天審訊。
次被告李嘉濱的代表大律師朱寶田繼續結案陳詞，指兩名 O 記警員的證供是「夾出來」，並不可靠，又指李被捕後的招認「全部都並不是自願情況下作出」，當時李是「任人魚肉」，要求陪審員考慮警員證供的可信性。審訊周三續。
28 Jul 2025法庭線#7100
47人案｜第三批被告出獄 劉澤鋒穿長袖衫、馮達浚直入大廈 吳敏兒據悉已回家
The third batch of three defendants in the 47 Defendants Case—Ng Man-yee, Fung Tat Chun Frankie and Nathan Lau Chak Fung—were released from prison on Monday (28th). They were driven away in the early morning. All six vehicles had their curtains drawn. The police presence outside the prison was similar to before, while officers were likewise stationed near the defendants’ homes.
The media captured footage of Nathan Lau Chak Fung and Fung Tat Chun Frankie returning home. Lau got out by the roadside outside his residential building and walked to the entrance carrying a “包頭”. He was wearing a long-sleeved shirt and long trousers, and told reporters, “Thank you very much. Bye bye.” Fung got out inside the gates of his housing estate and went straight into the building. When reporters shouted through the gates asking how he felt, Fung did not respond. Ng Man-yee was also reportedly released and returned home.
47 人案第三批 3 名被告吳敏兒、馮達浚、劉澤鋒周一（28 日）出獄。他們清晨由車接載離開，6 輛車全部拉上窗簾，監獄外的警力與之前相若，而被告住所附近同樣有警員戒備。
傳媒拍到劉澤鋒、馮達浚回家的畫面。劉在住所大廈外的路邊下車，拿着「包頭」步行回大門廈，他穿長袖衫及長褲，向記者稱「唔該晒，Bye bye。」馮則在屋苑大閘內下車，直接進入大廈，記者隔閘大聲問他感受，馮未有回應。據悉吳敏兒亦已出獄，回到家中。
28 Jul 2025法庭線#7101
反恐第二案｜辯方指次被告遭叉頸、以女友安危威脅招認 警「作賊心虛」證供矛盾
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “九十二籤” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while one remaining person was charged with “attempting to make explosives”. All eight pleaded not guilty. The trial entered its 144th day at the High Court on Monday (28th), with the barrister for the second defendant, Lee Ka-ban, continuing closing submissions.
The defence said that after Lee Ka-ban was arrested, police officers took him to a back alley, choked him and punched him in the abdomen, and threatened his girlfriend’s safety to force him to confess to the offences and hand over his phone passcode. The defence also said there were contradictions in police testimony concerning the duty officer’s record of Li’s neck injuries, reflecting that he was trying to distance himself from the injuries out of a guilty conscience—“like a ghost tapping the back of his neck”. The trial will continue on Tuesday.
2020 年初，明愛醫院、羅湖港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周一（28 日）於高院踏入第 144 天審訊。次被告李嘉濱的代表大律師繼續結案陳詞。
辯方指李嘉濱被捕後，遭警員帶到後巷叉頸及拳打腹部，並以其女友的安危，要脅他招認犯案和交出電話密碼。辯方又指，警員針對值日官記錄李頸部受傷的證供有矛盾，反映他為撇清自己與傷痕有關「作賊心虛」，猶如「鬼拍後尾枕」。審訊周二續。
28 Jul 2025法庭線#7102
47人案｜吳敏兒、馮達浚、劉澤鋒出獄 案情求情回顧 料年內尚有2人出獄
In the pan-democrat primary election case involving 47 people, 45 were convicted of “conspiracy to subvert” and sentenced to imprisonment. Ng Man-yee, Fung Tat Chun Frankie and Nathan Lau Chak Fung, who pleaded guilty and were sentenced to four years and five months in prison, were released from Lo Wu and Stanley prisons respectively on Monday (28th).
民主派初選 47 人案，共 45 人「串謀顛覆」罪成被判監。選擇認罪、被判囚 4 年 5 個月的吳敏兒、馮達浚、劉澤鋒，周一（28 日）分別從羅湖及赤柱監獄獲釋。
案件圍繞 2020 年舉行的民主派初選，吳敏兒參選新西，馮達浚及劉澤鋒參選九西，3 人均告落敗。控方引用他們在初選論壇等表述，指控他們支持顛覆謀劃。
吳敏兒為前職工盟主席，求情指至被捕才知違國安，未來會脫離政治。馮達浚為本土抗爭派，曾創辦網媒「加山傳播」，他在求情信向泛民真誠道歉。劉澤鋒為樹仁大學學生會前會長、「學聯抗爭者基金」前主席，案情指他是本土抗爭派，求情時稱誤信初選合法。
預料今年尚有 2 名被告袁嘉蔚及徐子見將出獄，預計出獄時間見內文圖。
28 Jul 2025法庭線#7103
反恐第二案｜辯方指次被告遭叉頸、以女友安危威脅招認 警「作賊心虛」證供矛盾
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “92 Draws” subsequently claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial entered its 144th day at the High Court on Monday (28th). The barrister representing second defendant Lee Ka-ban continued with closing submissions.
The defence said that after Lee Ka-ban was arrested, police officers took him to a back alley, put him in a neck hold and punched him in the abdomen, and threatened his girlfriend’s safety to force him to confess to the offences and hand over his phone passcode. The defence also said there were contradictions in the police officer’s evidence concerning the duty officer’s record of injuries to Lee’s neck, reflecting that he had a “guilty conscience” in trying to distance himself from the injuries, like “a ghost tapping the back of one’s head”. The trial will continue on Tuesday.
2020 年初，明愛醫院、羅湖港鐵車廂被發現有爆炸品，Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名，餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪，周一（28 日）於高院踏入第 144 天審訊。次被告李嘉濱的代表大律師繼續結案陳詞。
辯方指李嘉濱被捕後，遭警員帶到後巷叉頸及拳打腹部，並以其女友的安危，要脅他招認犯案和交出電話密碼。辯方又指，警員針對值日官記錄李頸部受傷的證供有矛盾，反映他為撇清自己與傷痕有關「作賊心虛」，猶如「鬼拍後尾枕」。審訊周二續。
28 Jul 2025法庭線#7105
戴嘉平兄弟涉刑毀案發還原審 二人改認罪囚7月 官指行為激發騷動罪責嚴重
On May 13, 2020, an online user called for a “Sing with You” event at Sha Tin New Town Plaza. Seven youths were charged over allegedly damaging a branch of mainland beverage chain HEYTEA. Dai Ka-ping, former deputy secretary for external affairs of the Hong Kong Baptist University Students’ Union, and his twin brother were acquitted of criminal damage and resisting arrest. The Department of Justice subsequently won an appeal, and the case was remitted for reconsideration by the trial court.
The two had earlier pleaded not guilty, with judgment originally scheduled for August 29. When the case was mentioned again at the District Court, sitting in place of Sha Tin Magistrates’ Courts, on Monday (the 28th), both changed their pleas to guilty. Magistrate Stephanie May Har Tsui said the defendants had acted with premeditation and that their conduct incited disorder at the scene, causing large numbers of people to gather. During the incident, some people pulled and kicked police officers, used umbrellas to block closed-circuit television cameras, and helped people in black escape, creating extreme chaos.
The magistrate said the case was serious and that, despite the defendants’ young age at the time and status as first-time offenders, deterrent sentences were required. However, taking into account the time that had passed since the incident and that the two had served nine months at a training centre in connection with another case, the court sentenced each to seven months’ imprisonment for criminal damage. Dai Ka-ping was separately sentenced to five months’ imprisonment for resisting arrest, with the two sentences to run concurrently.
After the court adjourned, several relatives and friends waved to the two men. Some shouted, “Take care, Ah Ping and Ah Ching,” while others made heart shapes and called out, “I love you.” The brothers responded by nodding.
2020 年 5 月 13 日，有網民發起於沙田新城市廣場「和你 Sing」，7 名少年涉破壞內地連鎖飲品店「喜茶」分店而被控。其中浸大學生會前外務副幹事長戴嘉平與其攣生兄，被裁定刑毀及拒捕罪名不成立。律政司其後上訴得直，案件發還原審重新考慮。
二人早前表示不認罪，原定 8 月 29 日裁決。案件周一（28 日）在區域法院（暫代沙田裁判法院）再提堂時，兩人改為認罪。裁判官崔美霞指，兩被告有預謀犯案，行為激發現場騷動，引發大批人聚集，期間有人拉扯及踢警員、撐傘擋閉路電視鏡頭，幫助黑衣人逃脫，場面極為混亂。
官指案情嚴重，即使兩被告案發時年輕、初犯，仍須處以阻嚇性刑罰。惟考慮案發已相隔一段時間，且二人涉另案已於教導所服刑 9 個月，終就刑毀罪判監 7 個月；戴嘉平另被控的拒捕罪則判囚 5 個月，兩罪刑罰同期執行。
散庭後，多名親友向兩人揮手，有人大叫「保重啊，阿平、阿正」，有人做心型手勢呼「I love you」，兩兄弟則點頭回應。
26 Jul 2025法庭線#7099
47人案上訴口頭陳詞整合 被告方及律政司爭議裁決結果、刑罰過重理據為何？
In the democratic primary election case, the Court of Appeal heard, over four consecutive days in mid-July, appeals by 12 convicted defendants against their convictions and/or sentences, as well as the Department of Justice’s appeal against the acquittal of Lawrence Wai Chung Lau. The judges said they would hand down their judgment within nine months, no later than mid-April 2026.
The Witness has summarised in bullet points the oral submissions concerning each defendant’s case, to make it easier for readers to understand the grounds on which the appellants argued that the trial judges had erred in their judgments, as well as the respondents’ replies. Some issues relied on written submissions and were not read out in court, and are therefore not covered.
In addition to the circumstances of the individual cases, the defendants and the Department of Justice also made submissions on legal disputes, including how “unlawful means” in the provisions on the offence of subversion should be interpreted, and the circumstances in which the court should intervene in the exercise of powers by the legislature. See the reports on the first and second days of the hearing for details.
民主派初選案，上訴庭 7 月中一連四天處理罪成的 12 人就定罪及或刑罰提出上訴，以及律政司就劉偉聰無罪裁決提上訴的聆訊，法官指將在 9 個月內，即不遲於 2026 年 4 月中頒布判決。
《法庭線》以列點形式整理各被告案情相關的口頭陳詞，讓讀者容易理解上訴方指出原審法官判決錯誤的理據，以及答辯方的回應。部分議題因依賴書面陳詞，庭上未有讀出，故未有涵蓋。
除了個人案情，被告方與律政司亦分別就法律爭議陳詞，例如提出「顛覆罪」條文的「非法手段」應如何詮釋，以及法庭應在何種情況下才介入立法機關行使權力的事宜等，詳見聆訊第一日、第二日的報道。
25 Jul 2025法庭線#7096
古思堯向消防處索償5.9萬元 指住院期間被清走工廈物品 缺席聆訊被剔除申索
Veteran social activist Koo Siu-yiu filed a claim with the Small Claims Tribunal, alleging that Fire Services Department personnel cleared items he had placed in the rear staircase of an industrial building while he was in hospital in 2023. The items included his tools for making a living and HK$9,000 in cash in a toolbox. He said the department had not notified him or his friend at the time, and considered this administrative impropriety that caused him losses. He sought HK$59,000 from the department. The case came before the West Kowloon Magistrates’ Courts on Friday (25th).
Koo Siu-yiu did not attend the hearing. Principal Adjudicator Simon Kin Man Lui said evidence previously submitted by the defence had been received, but no evidence from the claimant or indication of how he wished to proceed with the case had been received. The adjudicator said that, as the claimant was absent, the claim was struck out in accordance with the usual practice. The adjudicator added that the claimant could explain the reason for his absence to the court and submit the claim again.
社運老將古思堯入稟小額錢債審裁處，指消防處人員在他 2023 年住院期間，清理他放置於工廈後樓梯的物品，包括其謀生工具及工具箱內的 9,000 元現金，稱處方當時沒有通知他或其友人，認為屬行政失當，引致其損失，遂向處方追討 59,000 元。案件周五（25 日）在西九龍裁判法院提堂。
古思堯沒出席聆訊。主任審裁官雷健文指，已收到早前辯方呈交的證據，惟沒有收到申索人的證據，或任何對案件處理的意向。官指，申索人沒有出席，按照一向處理方法，下令剔除此申索。官另補充，申索人可向法庭解釋缺席原因，重新提出申索。
Translations are supplied by the source workbook. Consult the original reporting for context.
