17 Jan 2025法庭線#4440
大坑西邨重建 官擱置一宗平屋勝訴裁決 指居民理據合理可辯、接納遲申請原因
Tai Hang Sai Estate in Shek Kip Mei will be demolished and redeveloped. The Poor People’s Housing Company Limited, which built and manages the estate, brought civil proceedings against 67 residents who refused to move out after the relocation deadline. Thirteen of them remain defendants, and a case management conference will be held in May.
The company obtained a judgment in its favour in the absence of one female resident. She subsequently said that she had not received notice to attend court and applied to set aside the judgment. The case was heard in the District Court on Thursday (the 16th), and Judge Lam Chin-ching ordered the judgment set aside the same day.
The judgment said the court accepted the resident’s claim that she had not received notice. It also found that the grounds on which she intended to defend the case were the same as those in another judicial review case awaiting trial and were reasonably arguable, and accepted her reasons for making the application late. It further said that the company had demolished Man Lok House “with full knowledge of the risk that the judgment might be set aside”.
石硤尾的大坑西邨將清拆重建，興建與管理該邨的「平民屋宇有限公司」在搬遷限期後，以民事控告 67 名拒絕遷出的居民。當中 13 人繼續被起訴，將於 5 月處理案件管理會議。
平屋針對其中一名女居民，在其缺席下取得勝訴裁決，女居民其後指沒收到傳訊出庭的通知，向法庭申請擱置裁決，案件周四（16 日）在區域法院處理，法官林展程即日下令擱置裁決。
判詞指，拒納居民沒收到通知的說法，但指居民擬抗辯理據，與待審理的另一司法覆核案的理據相同、是合理可爭辯，亦接納居民延遲提出申請的原因；另指平屋是在「明知裁決可能會被撤銷的風險下」清拆民樂樓。
16 Jan 2025法庭線#4432
反恐第二案｜首被告錄影會面稱第三被告等人涉羅湖站爆炸品案 警否認毆打迫交密碼
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “92 Divination Sticks” later claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while the remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty. On Thursday (16th), the trial at the High Court entered its 36th day, with the prosecution continuing to play a video-recorded interview between the first defendant, Ho Cheuk Wai, and police officers.
During the interview, Ho said that he was fishing in Fanling when the explosives case occurred at Lo Wu station. He also said that “Gau Zung Gai Ming” (alleged to be the third defendant) and “Ah Jiu” had made suspected remote detonation devices before the incident, and he believed they were connected with the Lo Wu case. Ho said that when he learned they were making bombs, he warned them, “You could injure innocent people; don’t do this,” but they did not heed him.
The judge reminded the jury that Ho’s evidence in the video-recorded interview could be used only to assess his own case and not the cases of the other defendants. During cross-examination by the defence, it was put to the police that four officers had taken Ho into a room, beaten him and forced him to hand over his mobile-phone unlocking password. The officers denied this, saying they had “never” beaten Ho, and also denied inducing him to cooperate by offering to allow him bail. The trial will continue on Friday.
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，周四（16 日）於高等法院踏入第 36 天審訊，控方續播首被告何卓為與警員錄影會面。
何在會面指，羅湖站發生爆炸品案時，自己在粉嶺釣魚，又指「夠鐘改名」（被指第三被告）和「阿蕉」事發前製作疑似遙控引爆裝置，相信與羅湖案件有關。何又稱，得知對方製作炸彈時，曾提醒「誤傷無辜，咁都唔好啦」，惟對方沒有理會。
法官提醒陪審團，何在錄影會面的證供只能用作指證他本人，不能用來考慮同案其他被告的案情。辯方盤問時指，4 警員曾將何帶入房間毆打，強迫他交出手機解鎖密碼，警員否認，稱「從來沒有」毆打何，另亦否認以准許保釋為由誘使何合作。審訊周五續。
16 Jan 2025法庭線#4434
11.12荃灣｜男學生非法集結等原獲裁無罪 高院發還處理 拒批上訴至終院證明書
In November 2019, internet users launched a “three-strike” action, and clashes broke out across Hong Kong. Two men were accused of participating in an unlawful assembly in Tsuen Wan and violating the Prohibition on Face Covering Regulation. They were acquitted at trial. The Department of Justice appealed, and the High Court ruled that the trial verdict was unreasonable, quashed the acquittals and remitted the case to the trial court for further handling.
The defendant who was a student at the time of the incident applied for a certificate to appeal to the Court of Final Appeal. The matter was heard in the High Court’s Court of First Instance on Thursday (the 16th). The student’s side argued that the case occurred before the Lo Kin-man case, and that remitting the case to the trial court for further handling would be unfair. Judge Anthony Kai On Kwok questioned this, saying that the judgment had already dealt with the relevant issue.
The judge reiterated that cases of this nature were serious: “We’re not talking about stealing one candy or chocolate from a supermarket; this took place in such a chaotic situation in society, and [they] still came out to participate in acts that disrupted public order.” The correct legal principles had to be applied: “If the trial court was wrong at the time, I cannot see any reason not to put things right.” The judge refused to issue the certificate on the same day and will hand down written reasons later.
2019 年 11 月，網民發起「三罷」，香港各區爆發衝突。兩名男子被指在荃灣參與非法集結及違反《禁蒙面法》，原審獲裁罪名不成立。律政司提出上訴，高院裁定原審裁決有悖常理，撤銷無罪裁決，將案件發還原審繼續處理。
案發時為學生的被向申請上訴至終審法院許可證明書，案件周四（16 日）在高院原訟庭處理。學生一方認為，本案是在「盧建民案」之前發生，將案件發還原審繼續處理會構成不公。法官郭啟安質疑，判詞已處理相關問題。
官重申，此類案件性質嚴重，「唔係講緊超市偷一粒糖或者朱古力，係喺社會咁亂嘅情況，仲出嚟參與破壞社會安寧嘅行為」，需要使用正確法律原則去處理，「如果（原審）當初係錯嘅話，我睇唔到有咩理由唔撥亂反正」，即日拒批證明書，稍後頒下理由書。
15 Jan 2025法庭線#4430
黎智英欺詐案｜黎與前高層黃偉強提上訴 律政司：承租人任何公司佔用處所都須領牌 官押後裁決
Next Digital founder Jimmy Lai and group executive Wong Wai-keung were accused of concealing from the Hong Kong Science and Technology Parks Corporation that they had breached the lease for the Tseung Kwan O Industrial Estate. They were sentenced in 2022 to 5 years and 9 months’ imprisonment and 1 year and 9 months’ imprisonment respectively. Both appealed against their convictions, with the hearing continuing at the High Court on Wednesday (15th).
The prosecution’s representative, Director of Public Prosecutions Mi Ki Yeung, said that any company occupying the premises as a tenant must apply for a licence. The defendants had a duty to disclose this but concealed the existence of “Dico Consultants”. She also said the tenant had been allowed by the Hong Kong Science and Technology Parks Corporation to lease the land at a concessionary rent, making it a “special lease”. The judge, however, noted that the tenant had invested a substantial amount and that the project also promoted Hong Kong’s economic development, questioning whether it benefited only the tenant.
Mi Ki Yeung also said Lai was “the person who gave instructions and made decisions” and had used Apple Daily Printing to commit the offence. The judge questioned whether, under the prosecution’s argument, Lai and Apple Daily Printing should be regarded as “joint offenders”, even though the latter had not been charged. Yang said Lai controlled the company behind the scenes, citing the money-laundering case in which the company involved would likewise not be prosecuted. After hearing submissions from both sides, the Court of Appeal will deliver its written judgment within six months.
壹傳媒創辦人黎智英與集團行政總監黃偉強，被指向科技園公司隱瞞違反將軍澳工業邨租契，2022 年分別被判監禁 5 年 9 個月及 1 年 9 個月。兩人不服定罪提上訴，周三（15 日）在高等法院續審。
律政司代表、刑事檢控專員楊美琪指，承租人的任何公司佔用處所都須要申請牌照，被告有披露責任，卻隱瞞「力高」存在。她又指，承租人獲科技園公司批准以優惠地價租地，因此屬「特殊租契」。惟法官指承租人投資金額巨大，計劃同時促進香港經濟發展，質疑非僅對承租人有利。
楊美琪又指，黎是「作出指示及決定的人」，利用「蘋果印刷」犯案。法官關注，按律政司此說法，黎與「蘋果印刷」應屬「共同犯罪」，但後者沒被控。楊指，黎幕後控制涉案公司，舉例在洗黑錢案，涉事公司也不會被起訴。上訴庭聽畢雙方陳詞，將於 6 個月內頒布書面判詞。
15 Jan 2025法庭線#4431
反恐第二案｜首被告錄影會面：明愛爆炸品案唔關我事 指稱「山雞」與案有關
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train compartment at Lo Wu. The Telegram channel “92 Lots” subsequently claimed responsibility. Seven people were charged with offences under the Terrorism Ordinance, while one remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty. The trial was adjourned on Monday this week because a juror was unwell, and resumed at the High Court on Wednesday (15th), entering its 35th day.
The prosecution continued playing excerpts from a video-recorded interview with first defendant Ho Cheuk Wai. Ho said he had lent a flat to “Shan Gai” (alleged to be the second defendant). When a police officer asked whether he had seen Shan Gai making powder at the flat, Ho said “no”. He later added that he had seen Shan Gai and others using yellow powder while mixing chemicals, and assumed they were making explosives.
In the recording, Ho Cheuk Wai stressed that he only learned from the news that an explosion case had occurred at Caritas Medical Centre, saying he had not participated in making bombs and that it “had nothing to do with me”. He also said that he saw “Shan Gai” say in a Telegram group afterwards, “I’ve finished it” and “the smoke bomb was successful”, and therefore believed that the other man had been involved in making and placing the bomb at Caritas.
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，案件本周一因陪審員不適押後，周三（15 日）於高等法院續審，踏入第 35 天審訊。
控方繼續播放首被告何卓為的錄影會面片段，何供稱借用單位給「山雞」（被指為次被告）使用，警員詢問有沒有目睹山雞在單位製造粉末，何答稱「冇」，後來補充見過山雞與他人混合化學物時使用黃色粉末，估計對方製作爆炸品。
何卓為在錄影中強調，透過新聞才得知明愛醫院發生爆炸案，指沒有參與製作炸彈、「唔關我事嘅」。他並稱，看到「山雞」事後在 Telegram 群組說「我搞掂咗」、「個煙彈成功咗」，因此相信對方有份製作及放置在明愛的炸彈。
14 Jan 2025法庭線#4428
黎智英欺詐案｜黎與前高層黃偉強提上訴 指「力高」與報紙業務相關 共用處所毋須領牌
Next Digital founder Lai Chee-ying and the group’s chief administrative officer, Wong Wai-keung, were accused of concealing from the Hong Kong Science and Technology Parks Corporation a breach of the lease for the Tseung Kwan O Industrial Estate. They were sentenced in 2022 to 5 years and 9 months’ imprisonment and 1 year and 9 months’ imprisonment respectively. Both appealed against their convictions and sentences, with the appeals heard at the High Court on Tuesday (the 14th). The appellants argued that the company involved, Dico Consultants Limited, was related to the newspaper business and did not “occupy” the premises, but merely “shared” them. They therefore argued that no licence was required and that neither Lai nor Wong was under a duty to disclose the arrangement. The appellants also submitted that the lease did not require the entire site to be used for specified purposes such as publishing and printing newspapers.
The appellants further said that Wong had already completed his sentence and was therefore abandoning his appeal against sentence.
The Department of Justice argued that Apple Daily Printing Limited had applied for and renewed licences on multiple occasions for various companies, but not for Dico Consultants. It submitted that a licence was required regardless of whether the premises were occupied or shared. Since Dico Consultants did not have a licence, this amounted to a breach of the lease. The prosecution also reiterated that the lessee had a duty to disclose the arrangement.
The hearing will continue on Wednesday (15th).
壹傳媒創辦人黎智英與集團行政總監黃偉強，被指向科技園公司隱瞞違反將軍澳工業邨租契，2022 年分別被判監禁 5 年 9 個月及 1 年 9 個月。兩人不服定罪和判刑提上訴，周二（14 日）在高等法院審理。
上訴方指，涉案「力高」公司與報紙業務相關，並非「佔用」處所，而是「共用」處所，因此毋須領取牌照，黎智英、黃偉強亦沒有披露責任，又指租契並不要求整個土地用於出版、印刷報紙等指明用途。另外，上訴方指黃偉強已服刑完畢，故放棄判刑上訴。
律政司一方則指，「蘋果印刷」多次為不同公司申請牌照和續牌，但不包括「力高」，又指不論是佔用或共用處所，都應該申請牌照，而「力高」沒有牌照，就屬違反租契，重申承租人有披露責任。案件周三（15 日）續審。
13 Jan 2025集誌社#4421
國安通緝｜鍾庭耀等三人被國安警帶走 搜民研辦公室檢走六箱物品 被指涉協助在逃人士
It is understood that Chung Ting-yiu, chairperson and chief executive of the Hong Kong Public Opinion Research Institute, was taken away from his residence by officers from the police National Security Department this morning, the 13th, over alleged assistance to a wanted fugitive. The person concerned is reportedly Chung Kim-wah, the institute’s former deputy chief executive, who was placed on a HK$1 million wanted reward by national security police on Christmas Eve last year. A group of police officers took up positions at the institute’s office in South Horizons, Wong Chuk Hang, at about 9 a.m. this morning. Media footage showed Chung Ting-yiu being taken to South Horizons at around 10 a.m. Officers were seen stationed at two building entrances on Yip Hing Street and Yip Kan Street, but did not conduct special checks on people entering or leaving. At around 6 p.m., police took Chung Ting-yiu and two other people away and seized approximately six plastic boxes of items.
據了解，香港民研主席及行政總裁鍾庭耀今早在住所（13日）被警方國安處上門帶走，被指涉協助被通緝在逃人士；據悉相關人士為香港民研前副行政總裁鍾劍華，他於去年平安夜被國安警懸紅 100 萬通緝。一批警員今早約九時多，到民研位於黃竹坑南滙廣場的會址戒備，有傳媒拍攝到上午約 10 時，鍾庭耀被帶到南滙廣場。現場所見，警員在業勤街、業興街兩個大廈出入口戒備，惟未有特別截查出入人士。晚上六時許，警方將鍾庭耀及另外兩人帶走，及檢走約六個膠箱的物品。
13 Jan 2025法庭線#4423
721白衣人案｜3男認暴動等罪、涉揮拳擲物等 1被告稱欲調停 至今12白衣人罪成
Four more white-clad men were charged with rioting and other offences in connection with the Yuen Long 7.21 attack four years after the incident. One had earlier pleaded guilty and been sentenced to imprisonment, while the remaining three pleaded guilty at the District Court on Monday (13th). They were remanded until 23 January for sentencing. A total of 12 white-clad men have now been convicted. The case alleged that the three defendants had punched people, gathered on a platform, thrown objects, and carried rattan sticks into and out of train carriages and swung them at people inside the gates, among other acts.
After the three men were convicted, the prosecution disclosed that they had all reported having no triad background, but had between three and nine previous conviction records, including possession of dangerous drugs, criminal intimidation and criminal damage. In mitigation, the defence said the defendants had been trying to separate two groups on the platform and mediate between the two sides to calm the conflict. It stressed that the defendants were followers, rather than leaders or organisers.
Judge Adriana Noelle Tse Ching at one point raised concerns, saying: “If I say the seriousness of this case is that it was premeditated—how else would they all happen to be wearing white, happen to have rattan sticks, while other people also happened to have rattan sticks, and he happened to be wearing gloves?” The defence replied that it understood and made no further submissions.
元朗 7.21 襲擊，事隔 4 年後再多 4 名白衣人被落案起訴暴動等罪，其中一人早前認罪已判囚，餘下 3 人周一（13 日）在區院認罪，還押至 1 月 23 日判刑。至今共 12 名白衣人罪成。案情指，3 名被告分別被指曾揮拳襲擊、在月台聚集、擲物、手持藤條進出車廂及揮向閘內人等。
控方在 3 人被裁定罪成後透露，他們均報稱沒三合會背景，但涉及 3 至 9 項定罪紀錄，包括管有危險藥物、刑事恐嚇、刑事毀壞等。辯方求情時提及，被告在月台是想分隔兩班人，欲調停雙方、平息衝突；強調被告的角色為「追隨者」，並非主導者、指揮者。
法官謝沈智慧一度關注，稱「如果我話呢件案嚴重之處係早有預謀，會咁啱著晒白衫，咁啱攞藤條，其他人又攞藤條，咁啱佢又戴手套去？」辯方回應稱明白，沒有陳詞。
10 Jan 2025法庭線#4418
反恐第二案｜首被告錄影會面稱僅提供單位 曾收數千元為存倉費 否認與爆炸案有關
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train carriage. The Telegram channel “92 Signs” subsequently claimed responsibility. Seven people have been charged with offences under the Terrorism Ordinance, while the remaining defendant faces a charge of “attempting to manufacture explosives”. All eight have pleaded not guilty. The trial at the High Court entered its 33rd day on Friday (10th). A detective police officer who arrested the first defendant, Ho Cheuk-wai, testified that, under caution, Ho initially said, “The bombs were made by Ka-chun”, but later said he did not know whether Ka-chun had made them. Ho also said, “Those three incidents really had nothing to do with me. I only lent them the place in Tai Kok Tsui to use.”
The prosecution also played Ho’s first video-recorded interview in court. In the interview, Ho said he suspected that “Shan Gai” and “Time to Change Name” — both alleged to be defendants in the same case — had made bombs in his unit at The Galaxy in Tai Kok Tsui. He said he had met “Shan Gai” at “a very pro-yellow bar” and learned at the time that the other party needed a place to use, so he made the unit available to them.
Ho said he received several thousand dollars from them “as a storage fee, or as rent”, and denied any involvement in the bombing incidents.
The trial will continue next Monday (13th), when the court will continue viewing the video-recorded interview.
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，周五（10 日）於高等法院踏入第 33 天審訊。
拘捕首被告何卓為的偵緝警員供稱，何在警誡下一度稱「啲炸彈係家俊整嘅」，其後改稱不知道是否對方製作，又指「呢 3 單嘢真係唔關我事，我剩係借咗大角咀個地方畀佢哋用咋嘛」。
控方另播放何卓為首個錄影會面，顯示何稱猜測「山雞」、「夠鐘改名」（均被指為同案被告）在其宏創方單位內製造炸彈，又指與「山雞」於「一間好黃嘅酒吧」認識，當時知道對方需找地方，故向他們提供單位，並有收取數千元「當存倉費、 當交租」，否認與爆炸案有關。案件下周一（13 日）續，繼續播放錄影會面。
9 Jan 2025法庭線#4406
反恐第二案｜監視警員：車廂內截查首被告遇反抗 將其制服後抬到月台
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “Ninety-Two Lots” later 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 at the High Court entered its 32nd day on Thursday (9th).
Counsel for the fourth defendant cross-examined an O Division police officer responsible for reviewing CCTV, saying that he identified the person in the footage by the jacket, trousers and backpack, and questioning whether such clothing could be bought by anyone. The officer said, “A shirt can be bought anywhere, but a shirt, a pair of shoes and a backpack put together are absolutely unique.” He also said the defendant’s “head-swaying” walking style was unique.
The surveillance officer who subdued the first defendantHo Cheuk Wai testified that he followed Ho that night and boarded an MTR train bound for Tung Chung. After receiving instructions to intercept and search him, he and a colleague approached Ho, and he took his warrant card from his waist and showed it to Ho. Ho pushed the officer away, “then got up and resisted”. The two officers subdued Ho and carried him out of the carriage onto the platform. The case continues on Friday.
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，周四（9 日）於高院踏入第 32 天審訊。
第四被告一方盤問負責檢視 CCTV 的 O 記警員，指他憑片中人的外套、褲、背囊等辨認，質疑衣物人人都可以買到。警員稱，「一件衫係可以周圍買嘅，但一件衫、一對鞋、一個背囊拍埋一齊，係絕無僅有嘅」，又稱被告的「揈頭」步姿亦是絕無僅有。
制服首被告何卓為的監視警員供稱，當晚尾隨何並登上往東涌的港鐵列車，收到指示要截查，故與同袍走到何身邊，並從腰間持委任證向何展示，而何推開警員，「之後有起身同反抗嘅行為」，兩警制服何並將他抬離車廂到月台。案件周五續。
Translations are supplied by the source workbook. Consult the original reporting for context.
