3 Nov 2023法庭線#8596
7.21非白衣人案|元朗站經理供稱 當日安排兩警5時起駐站監察 警兩天前提出
The Yuen Long Station manager testified that police had requested, on 19 July—two days before the incident—that two plain-clothes officers be stationed at the station to monitor it from 5pm on 21 July. He also saw two plain-clothes officers from Tin Shui Wai Police Station in the control room that evening. Asked by the defence whether officers could clearly see what was happening inside the station via closed-circuit television, he said he "could not answer for them", but confirmed that the CCTV system could monitor the situation.
The Independent Police Complaints Council report stated that police had set up "police observation posts" at four MTR stations, including Yuen Long, that day, observing from the railway operations control rooms and reporting any abnormal situations directly to the Yuen Long District Operations Room.
A station management officer also testified that he did not know the purpose of the police room at the station, but said he "saw police from time to time". He agreed that he arrived late for work that evening because of traffic problems, and saw dozens of people in white shirts walking down from the platform to the concourse. There were broken umbrellas, plastic bags and clothing on the platform floor at the time, but he did not see any dispute or fighting. The case was adjourned for one week and will resume on 13 November.
元朗站經理供稱,警方於事發兩日前,即 7 月 19 日,要求安排兩名便衣警於 7 月 21 日下午 5 時開始駐站監察。他當晚在控制室亦看到兩名天水圍警署便衣警。辯方問,警員可否透過閉路電視清楚看到站內發生的事?他稱「代唔到佢哋答」,但確認閉路電視可監察情況。
翻查監警會報告,警方當日於元朗等 4 個港鐵站設立「警方觀察哨站」,指「在西鐵站內的車務控制室觀察 ,並直接向元朗警區行動室匯報任何異常情況。」
另車站管理主任供稱,他不知道站內警務室有何作用,但指「久唔久見到有警察」。他又同意,當晚因交通問題而遲到上班,看到數十名穿白衣人士由月台向下行往大堂,當時月台地上留有爛傘、膠袋及衣服,但看不到爭執或打鬥。案件將押後一周,至 11 月 13 日續。
2 Nov 2023獨媒#8594
【元朗7.21】控方將林卓廷助手冼卓嵐從證人列表剔除 辯方申請傳召官拒批
The trial of former Democratic Party Legislative Council member Lam Cheuk-ting and six other men, who were charged with rioting over the July 21, 2019 Yuen Long incident, entered its 13th day today (the 2nd). Lam was attacked by men in white and was thanked by police for reporting the incident. The prosecution had originally listed Lam’s assistant Cheuk Nam Sin as a prosecution witness. He filmed a livestream for Lam at Yuen Long Station that night, but the prosecution removed him from the witness list one week before the trial began. The defence applied last week to call Sin as a prosecution witness and cross-examine him. Judge Chan Kwong-chi rejected the application today, saying that, having considered Sin’s role, his relationship with Lam, and the fact that Sin and Lam entered Yuen Long Station together that night for the same purpose, not calling him would not be unfair to the defendants.
2019年7.21元朗事件中,遭白衣人施襲、獲警方致謝舉報的民主黨前立法會議員林卓廷,與6男被控暴動罪,案件今(2日)踏入審訊第13日。控方原本將林卓廷助手冼卓嵐列為控方證人,他當晚在元朗站為林卓廷拍攝直播,但控方在開審前一周卻把他從證人列表剔除。辯方上周申請傳召冼作控方證人並接受盤問。法官陳廣池今拒絕辯方申請,指考慮到冼的角色、與林卓廷的關係,以及當晚冼與林卓廷一同進入元朗站,兩人目的一致,認為不傳召並不會對各被告不公。
30 Oct 2023法庭線#8568
7.21非白衣人案|控方指《集誌社》片段或致證人曝身分、官促查 證人:閘內人挑釁
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted people” are charged with rioting at Yuen Long Station on 21 July 2019. The 10th day of their trial began at the District Court on Monday (30). The prosecution called a witness granted anonymity and raised concerns that CCTV footage of Yuen Long Station recently released by The Collective could expose the witness’s identity if the defence played the footage and members of the public compared it with other information.
The prosecution also said the media outlet had a large amount of “CCTV footage believed to be from this case”, adding: “The inference is that [it] came from our transfer bundle and was then uploaded by someone.” Judge Chan Kwong-chi expressed concern that the footage had been made public one week before the trial began, questioning whether this involved interference with the administration of justice or a breach of professional conduct. He said, “The court is extremely concerned and needs to investigate.”
Anonymous civilian witness A began giving evidence. She said that on the night in question, she passed Fung Yau North Street and saw more than 50 people gathered near a park, most of them wearing white shirts. She also heard them say that “someone would come into Yuen Long”. She stayed because she was “curious”, and later arrived at Yuen Long Station, where she “felt that the people inside the gates were provoking and picking a fight” and that “the people outside did not really want to go in”. However, they “finally couldn’t stand it and jumped over the railings to hit them”. The case will continue on Tuesday, when she will be cross-examined by the defence.
前立法會議員林卓廷與另外 6 名「非白衣人」,被控 2019 年 7 月 21 日在元朗站暴動,周一(30 日)在區院展開第 10 天審訊。控方傳召獲准匿名的證人作供,並提出關注,指《集誌社》最近發布相關的元朗站閉路電視片段,憂辯方播片後,公眾比對會令證人身分曝光。
控方又稱,該媒體有大量「來自相信是本案的閉路電視片段」,又稱「推論來自我哋 transfer bundle(交付文件夾)然後俾人上載咗」。法官陳廣池關注,片段在開審一周前被公開,質疑涉及妨礙司法公正或有人違反專業守則,稱「法庭極度關注要調查」。
匿名市民證人 A 女士開始作供,稱當晚路經鳳攸北街,看到逾 50 人在附近公園聚集,多數穿白衫,並聽到他們表示「有人會入嚟元朗」,她因「八卦而逗留」,其後到達元朗站,「感覺閘內人挑釁、撩交嗌」、「出面啲人唔係好想入去」惟其後「終於忍唔住就跳欄打佢哋」。案件周二續,她將接受辯方盤問。
27 Oct 2023法庭線#8549
7.21非白衣人案|綜合警長證供:案發日前已知鄉事吹大雞、穿白衣用藤條
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted men” are charged with rioting at Yuen Long Station on 21 July 2019. The trial entered its ninth day at the District Court on Friday (27th). The prosecution witness, then a sergeant with the Yuen Long Police Community Relations Office who spoke to Lam by phone on the night of the incident, completed two consecutive days of testimony.
According to the sergeant’s evidence over the two days, before 21 July he had learned from Facebook and other media that “a group of black-clad people would enter Yuen Long”. He also knew that white-shirted people in the rural community had “sounded the rallying call”, and would wear white shirts and use rattan sticks. He said he also knew the number mobilised would be “somewhat large”, but did not know how they would “defend their homes”. The sergeant further agreed that “sounding the rallying call” was in principle unlawful, and that he had reported it to his superiors.
Under cross-examination, the sergeant confirmed that he was a Yuen Long indigenous resident and is currently one of the village heads in Ha Tsuen Heung. The defence asked him in turn whether he knew Tang Ying-ban, “Fei Tin Nam” and Wong Sei-chuen. He said he had not been in contact with villagers from the village to which Tang belonged, only learned of “Fei Tin Nam” on the night of the incident, and had no impression of Wong. The case continues next Monday.
前立法會議員林卓廷與另外 6 名「非白衣人」,被控 2019 年 7 月 21 日在元朗站暴動,周五(27 日)在區院展開第九天審訊。控方證人、事發當晚曾與林卓廷通電話的時任元朗警民關係組警長,完成一連兩日作供。
綜合警長兩日供詞,他在 7 月 21 日前已在 FB 及其他媒體知悉「有黑衣人組織入元朗」,亦有白衣人「鄉事吹大雞」,將會穿白衫、用藤條。他稱,亦知悉動員人數「稍多」,但指不知他們以何方法「保衛家園」。警長又同意「吹大雞」原則上犯法,他有向上司匯報。
盤問下,警長確認自己為元朗原居民、現為廈村鄉其中一村長。辯方先後問他是否認識鄧英斌、「飛天南」及黃四川;他稱沒與鄧所屬鄉村的村民連繫、直至事發當晚才知「飛天南」,以及對黃沒印象。案件下周一續。
19 Oct 2023獨媒#8519
【元朗7.21】控方投訴公眾休庭時「大聲插嘴近乎呼喝」 官指屬藐視法庭將跟進
In the Yuen Long 7.21 incident in 2019, former Democratic Party Legislative Council member Lam Cheuk-ting, who was attacked by men in white and thanked by police for reporting the incident, and six men charged with rioting continued their trial at the District Court today (19th). The prosecution and defence’s agreed facts state that at 10:52 p.m. on 21 July, three police officers arrived at Exit G1 of Yuen Long Station and left after staying briefly; CCTV showed them there for about 92 seconds. Dozens of police officers arrived at 11:15 p.m. Later, during a court recess, the prosecution and defence argued over trial procedures. A member of the public shouted, “Here comes a case within a case!” The prosecution complained that a spectator was “loudly interrupting, almost shouting at us!” and asked the court to remind the public to observe proper conduct. Judge Chan Kwong-chi said, “This is not about rules; this is contempt.” He said those responsible for the case and others should stop the person and record their identity-card details, and that he would pass the CCTV footage to the prosecution for consideration of whether to deal with the matter through criminal contempt-of-court proceedings.
2019年7.21元朗事件中,遭白衣人施襲、獲警方致謝舉報的民主黨前立法會議員林卓廷,與6男被控暴動,今(19日)在區域法院續審。控辯雙方承認事實指,7月21日晚上10時52分,3名警員到達元朗站G1出口,逗留短時間後離去,閉路電視顯示出現約92秒。其後於11時15分數十名警員到場。另外,控辯雙方在休庭時就審訊程序爭論,有旁聽人士大叫:「開案中案囉!」控方投訴有觀眾「大聲插嘴,近乎呼喝我哋!」,希望法庭提醒公眾保持規矩。法官陳廣池表示:「呢啲唔係規矩,呢啲係藐視」,他指案件主管等應截住該人及抄身份證,又指會將閉路電視交控方,以考慮是否以刑事藐視法庭程序處理。
5 Oct 2023法庭線#8447
7.21元朗|4白衣人事隔4年被控暴動等 2人申保釋被拒 3人續還押1人准保釋候訊
Four more men, all white-clad, were charged in early July—four years after the Yuen Long 7.21 attack—with rioting and conspiracy to wound with intent. The four appeared at the District Court on Thursday (the 5th) for a mention.
The first and third defendants applied for bail, which the prosecution opposed. After hearing submissions from both sides, the judge Chung Ping Pang adjourned the matter several times before ultimately refusing the applications. The second defendant, who had no legal representation, appeared in person and indicated that he was applying for legal aid. When the judge asked whether he was applying for bail, the defendant replied with a laugh: “I’m not applying for bail.” The fourth defendant was allowed to remain on bail. The case was adjourned to November 30 for a further mention.
「元朗 7.21 襲擊」事隔 4 年,再多 4 名男子於 7 月初被落案起訴暴動及串謀有意圖傷人罪,4 人均為「白衣人」。案件周四(5 日)在區院提訊。
首被告和第三被告有保釋申請,控方反對,法官彭中屏聽取雙方陳詞後,數度押後考慮,終拒絕申請。次被告沒有法律代表,親自應訊指正申請法援,當法官問及他有否保釋申請,被告笑指「我唔擔保啊」。第四被告則續准保釋。案件押後至 11 月 30 日提訊。
18 Aug 2023法庭線#8209
7.21元朗|程偉明暴動等判囚4年3月 申上訴許可被拒 稱「覺得係政府叫我哋去做」
More than four years after the 7.21 Yuen Long attack, a total of 10 “white-clad men” have been charged. Cheng Wai-ming, 64, was accused of assaulting members of the public with his fists and a rattan cane. He was convicted after trial of rioting and conspiracy to wound, and sentenced to four years and three months’ imprisonment. Dissatisfied with his conviction and sentence, Cheng appeared at the High Court on Friday (18th) to apply for leave to appeal.
At his trial, Cheng disputed that he was the person shown in footage that was not admitted into evidence. Representing himself on Friday, he instead said, “There’s no need to dispute it—the person in the footage is me,” and added, “Because I felt it was the government telling us to do it—that simple.” Appeal judge Pang Po-kam interrupted him, saying, “I have to stop you. This is not a trial; I will not allow you to express your personal views or perceptions,” and ultimately refused his application.
In her written judgment, the judge said the trial court had conducted an in-depth analysis of the evidence. Its findings were beyond reproach, fair and impartial, and its inferences were reasonable and in line with common sense. There was no unfairness of the kind alleged by the applicant, and nothing inappropriate about the sentence.
元朗 7.21 襲擊事發至今逾 4 年,共 10 名「白衣人」被控。當中 64 歲男子程偉明被指以拳頭及藤條襲擊市民,經審訊後,被裁定暴動及串謀傷人兩罪罪成,判監禁 4 年 3 個月。程偉明不服定罪和刑罰,周五(18 日)在高等法院處理上訴許可申請。
程偉明在原審時爭議非呈堂片段中人,他周五自行陳詞時改稱「毋須爭議,(呈堂片段)嗰個係我嚟」,又稱「因為我覺得就係政府叫我哋去做㗎啫,就係咁簡單」。上訴庭法官彭寶琴聞言打斷,「我一定要停止你啦,呢個唔係審訊,唔容許你表述個人睇法、觀感」,終拒絕其申請。
法官在判詞指,原審對證物已作深入分析,其裁定無可詬病、公允持平,所作的推論亦合情合理,沒有申請人所謂的不公,判刑亦沒有任何不恰當之處。
11 Aug 2023法庭線#8186
7.21元朗|4男事隔4年被控暴動等罪 一人高院申保釋被拒
Four more men were charged in early July, four years after the 7.21 Yuen Long attack, with rioting and conspiracy to wound. The four were remanded in custody pending trial. The defendants are understood to have been among the white-clad men. After bail was granted earlier to a 43-year-old businessman, another 38-year-old man applied for bail at the High Court on Friday (11th), which the prosecution opposed. After hearing submissions from both sides, acting judge Amanda Jane Woodcock refused to grant bail, and the defendant was remanded in custody.
元朗 7.21 襲擊事隔 4 年,再多 4 名男子於 7 月初被落案起訴暴動及串謀傷人罪,4 人須還押候訊。據了解,被告均為白衣人。繼早前 43 歲商人申請保釋獲批後,另一名 38 歲男子周五(11 日)亦於高等法院申請保釋,控方提出反對。暫委法官胡雅文聽畢雙方陳詞後,拒絕讓被告保釋,被告須繼續還押。
8 Aug 2023獨媒#8161
男子稱被國安警威脅 若不指證林卓廷將被視暴動共犯 警方:不評論
Former Legislative Council member Lam Cheuk-ting has been charged with rioting over the Yuen Long 7.21 attack. A man said on YouTube that he had previously testified as a prosecution witness against white-clad men in the earlier riot case, and that on the 29th of last month, officers from the Police National Security Department visited him and demanded that he testify against Lam Cheuk-ting, otherwise he would be charged with rioting. He also said that his HSBC bank account was subsequently frozen. In the video, the man said he had fled to London, United Kingdom, and was applying for political asylum. The police told The Independent Media that the case had entered judicial proceedings and that they would not comment. An HSBC spokesperson said that the claim about the frozen account was “unsubstantiated”, but declined to comment on the individual case on the grounds of customer confidentiality.
前立法會議員林卓廷因元朗7.21襲擊案被控暴動罪,一名男子在YouTube稱曾在早前白衣人暴動案以「控方證人」身份指證白衣人,而他稱上月29日被警方國安處上門要求他出庭指證林卓廷,否則控告他暴動罪,他又稱其滙豐銀行戶口及後遭凍結。該男子在影片表示,目前已逃難至英國倫敦,並正申請政治庇護。警方回覆《獨媒》指有關案件已進入司法程序,警方不作評論;匯豐發言人表示被凍結戶口的傳聞「內容並未經證實」,但基於客戶保密原則,不便評論個案。
21 Jul 2023法庭線#8053
7.21元朗|4男事隔4年被控暴動等罪 一人高院申保釋獲批
Four more men were charged in early July, four years after the 7.21 Yuen Long attack, with rioting and conspiracy to wound. The four were remanded in custody pending trial. It is understood that all the defendants were men in white. One of them, a 43-year-old man, applied for bail at the High Court on Friday (21st), but the prosecution opposed the application. After hearing submissions from both sides, acting judge Amanda Jane Woodcock granted bail to the defendant.
The defendant, Cheng Man-kit (43, businessman), was granted bail of $100,000 in cash. During the bail period, he must not leave Hong Kong, must surrender all travel documents, reside at his reported address and report to a police station three times a week. The case will return on 15 September for mention pending preparation of documents for transfer to the District Court.
元朗 7.21 襲擊事隔 4 年,再多 4 名男子於 7 月初被落案起訴暴動及串謀傷人罪,4 人須還押候訊。據了解,被告均為白衣人。當中一名 43 歲男子周五(21 日)於高等法院申請保釋,控方提出反對。暫委法官胡雅文聽畢雙方陳詞後,批准被告保釋。
被告鄭文傑(43 歲,商人)獲准以 10 萬元現金保釋,保釋期間不得離境,須交出所有旅遊證件,居於報稱地址,每周 3 次到警署報到。案件將於 9 月 15 日再訊,以待準備轉介區域法院文件。
Translations are supplied by the source workbook. Consult the original reporting for context.