16 Nov 2024法庭線#4241
理大衝突5年｜338人被控暴動 量刑起點最高7年 法官有何判刑考慮？
In November 2019, protesters occupied the Hong Kong Polytechnic University, triggering a series of clashes. Some attempted to leave the campus by breaking through police lines, abseiling and climbing through drainage channels, while others responded to online calls to “besiege Wei to rescue Zhao” by launching actions in Yau Tsim Mong. More than 1,000 people were arrested. According to statistics compiled by The Witness, 338 people have been charged with rioting since police sealed off PolyU. Five years on, most of the cases have been concluded, with two cases involving a total of eight people remaining—some awaiting sentence and others awaiting trial.
The PolyU riot involved multiple stages. Judges set different sentencing starting points based on the circumstances of each case and the level of violence involved. In one case concerning an attempt to break out along Cheong Wan Road, Judge Adriana Noelle Tse Ching said that “breaking out and fleeing” was an inseparable part of the PolyU riot. Protesters attacked police with bows and arrows and a large number of petrol bombs, while one defendant was carrying petrol bombs. The judge set that defendant’s sentencing starting point at seven years, the maximum sentence available in the District Court.
The next-highest starting point was six years in a case involving protesters descending by rope. Judge Esther T. L. Wong said that “rioters extensively set fire to the toll booths at the Cross-Harbour Tunnel” and that “the area around PolyU was ablaze, filled with smoke and flames, resembling a battlefield”. She considered that the defendants who left the campus had participated in a riot that was extremely large in scale, highly destructive and involved a large number of people.
2019 年 11 月，示威者佔據理工大學，爆發連串衝突。有人透過突圍、游繩及爬渠等方法嘗試離開校園；另有人響應網上號召，在油尖旺發起「圍魏救趙」，逾千人被捕。根據《法庭線》統計，自警方封鎖理大後，有 338 人被控暴動。事件至今 5 年，大部分案件已審結，剩兩案共 8 人分別候判及候審。
理大暴動涉及多個階段，法官因應案情、暴力程度等，定下不同量刑起點。其中在一宗暢運道突圍案，法官謝沈智慧指，「突圍逃走」是理大暴動不可分割的一部分，示威者以弓箭及大量汽油彈攻擊警方，加上該被告攜有汽油彈，將其中一名被告的量刑起點定在 7 年、達區域法院判刑上限。
其次為示威暫者游繩案，被告量刑起點為 6 年。法官王詩麗指，「暴徒大肆焚燒紅隧的收費亭」、「理大外圍一帶火光熊熊、烽煙四起、儼如戰場」，認為從校園離開的被告，參與這場規模十分龐大、具殺傷力及人數眾多的暴動。
14 Nov 2024法庭線#4234
反恐首案｜7人判囚5年10月至23年10月 官：惡毒非筆墨能形容
On the eve of the 8 December 2019 International Human Rights Day march, police seized a large quantity of weapons, including pistols and ammunition. Several people were subsequently arrested and accused of conspiring to murder police officers. A total of 14 people were prosecuted in the case, in which the government brought charges under the Anti-terrorism Ordinance for the first time.
Six people who pleaded guilty and one who was convicted after trial were sentenced at the High Court on Thursday (14th) to between 5 years 10 months and 23 years 10 months in prison. Ng Chi-hung, alleged to have been the mastermind of the plan, was sentenced to 23 years 10 months; Victor Chun Keung Wong, who described himself as the captain of the “Dragon Slaying Brigade” team and later became a prosecution witness, was sentenced to 13 years 6 months; and Su Wai-hin, who also became a prosecution witness and said he had acted as a “shooter”, was sentenced to 12 years. Judge Cheung Wai-ling said the three accomplice witnesses in the case had all given truthful testimony and were granted a 50% reduction in their sentences.
The judge said the 12.8 plan was clearly intended to kill police officers, endanger lives and overthrow the government, and considered it premeditated. The defendants had committed the offences to fulfil their political demands and attempted to indiscriminately kill police officers maintaining order. The depravity was indescribable in words and clearly amounted to declaring war on society.
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。案件共 14 人被檢控，政府首引《反恐條例）下的控罪起訴。
其中認罪 6 人及受審後定罪 1 人，周四（14 日）在高等法院被判囚 5 年 10 個月至 23 年 10 個月。其中被指為計劃主謀的吳智鴻，判囚 23 年 10 個月；自稱「屠龍」隊長、轉任控方證人的黃振強，判囚 13 年 6 個月；同樣轉為控方證人、自稱擔任「槍手」的蘇緯軒，判囚 12 年。法官張慧玲提到，案中 3 名從犯證人均給予真實口供，獲 50 % 刑期扣減。
法官指，涉案 12.8 的計劃明顯是想殺警、危害生命和顛覆政府，認為計劃有預謀。被告犯案為滿足其政治訴求，企圖濫殺維持秩序的警員，惡毒之處不能以筆墨形容，明顯與社會宣戰。
14 Nov 2024法庭線#4235
首引《反恐條例》檢控 無人經審訊定罪 李桂華：日後可控《國安法》、23條
On the eve of the 8 December 2019 International Human Rights Day march, police seized a large quantity of weapons, including pistols and ammunition. Several people were arrested afterwards and accused of conspiring to kill police officers with firearms and bombs. The Government prosecuted the case under charges brought under the Anti-Terrorism Ordinance for the first time. Six people pleaded guilty and one was convicted after trial. On Thursday (the 14th), they were sentenced to between 5 years and 10 months and 23 years and 10 months in prison. (See separate report.)
Speaking to reporters after sentencing, Li Kwai-wah, Senior Superintendent of the Police National Security Department, described the defendants in the case as “deranged”. He also said the case involved the heaviest sentences in the anti-extradition bill movement and had considerable deterrent effect. Police would study the judgment with the Department of Justice to decide whether to seek a review of the sentences.
As 10 defendants in the case were charged with offences under the Anti-Terrorism Ordinance, and seven of the remaining defendants were acquitted after trial apart from the three who pleaded guilty, Li Kwai-wah said that if similar circumstances arose in future, police could prosecute under the National Security Law or Article 23. A Government spokesperson also said the authorities would “actively invoke” the improved national security offences for enforcement and prosecution, in order to “bring criminals to justice”.
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，被指串謀以槍械和炸彈殺警，政府首引《反恐條例》下的控罪起訴。認罪 6 人與經審訊後定罪 1 人，周四（14 日）被判監 5 年 10 月至 23 年 10 月。（見另稿）
警方國安處總警司李桂華在判刑後見記者，形容本案被告「喪心病狂」，又指本案是反修例之中刑期最重的一案，有相當阻嚇力，會與律政司研究判詞決定會否覆核刑期。
至於本案有 10 名被告被控《反恐條例》下的罪行，除 3 人認罪，其餘 7 人受審後均罪名不成立，李桂華指日後若有相同情況，警方可引《國安法》或 23 條檢控；政府發言人亦指，將「積極引用」經完善的國安罪行執法和檢控，「將罪犯繩之於法」。
14 Nov 2024法庭線#4236
反恐首案 | 吳智鴻囚23年10月 反修例刑期最重 官指比葉繼歡案嚴重採更高量刑起點
In Hong Kong’s first prosecution under the United Nations (Anti-Terrorism Measures) Ordinance, seven defendants pleaded guilty and one was found guilty by a jury of conspiracy to cause an explosion on an alternative charge. Except for one defendant who was sentenced earlier, the others were sentenced at the High Court on Thursday (14th) (see separate report). Ng Chi-hung, alleged to be the mastermind of the plan and who pleaded guilty before trial, received a sentencing starting point of 28 years and was sentenced to 23 years and 10 months’ imprisonment after the guilty plea discount. This is the heaviest sentence imposed in a case related to the 2019 social movement.
In sentencing, Judge Cheung Wai-ling referred to the Yip Kai-fun case but rejected the contention by Ng Chi-hung’s side that the explosives in this case were less serious than the TNT explosives possessed in the Yip case. She also said that this case involved an intention to kill police officers and overthrow the government, and that a higher sentencing starting point than the 18 years in Yip’s case should be adopted.
本港首宗引《聯合國（反恐怖主義措施）條例》檢控案件，案中 7 人認罪，1 人經陪審團審訊後，被裁定交替控罪的串謀爆炸罪成，除其中 1 人早前已判刑，其餘周四（14 日）在高等法院判刑（見另稿）。其中被指是計劃主謀、開審前認罪的吳智鴻，量刑起點 28 年，認罪扣減後判囚 23 年 10 月，是 2019 年社運相關案件中，判刑最重一人。
法官張慧玲在判刑時提到葉繼歡案，但不認同吳智鴻一方所指，本案炸藥不如葉繼歡案中管有的 TNT 炸藥嚴重，又指本案涉意圖殺警、顛覆政府，應採用比葉案 18 年更高的量刑起點。
13 Nov 2024法庭線#4231
新田科技城司法覆核 謝世傑申法援3個月未獲批 官指沒考慮逼切性促盡快處理
The Government is pressing ahead with development of the Northern Metropolis. In May this year, the Director of Environmental Protection conditionally approved an environmental impact assessment report concerning the San Tin Technopole. Tse Sai-kit, convenor of the Save Lantau Alliance, filed a judicial review application in a personal capacity seeking to overturn the decision. Leave was granted and the case is scheduled to be heard next June.
Tse Yat-fong applied for the legal proceedings to be put on hold, saying that there had still been no outcome nearly three months after applying for legal aid. High Court Judge Ko Ho-man rejected the application. In a judgment handed down on Wednesday (13th), the judge said that granting Tse’s application would imply that the court considered the case-management timetable neither important nor urgent, and that the best course was therefore to continue pressing the Legal Aid Department to deal with the application as soon as possible.
Ko said he had initially believed that the Legal Aid Department could make a decision within a short time, but later found this to have been “overly optimistic and mistaken”. He also commented on the department’s letter replying to Tse, saying it appeared disinclined to consider the public interest, and describing the letter as “a little embarrassing and unhelpful”. Tse Sai-kit said the judgment had been forwarded to the department, hoping that it could complete its assessment as soon as possible.
政府力推北部都會區發展，環保署署長今年 5 月有條件批准牽涉新田科技城的環評報告。守護大嶼聯盟召集人謝世傑以個人身分，入稟申請司法覆核要求推翻決定，獲批出許可排期，明年 6 月審理。
謝一方申請暫擱法律程序，指申請法援至今近 3 個月仍未有結果，被高院法官高浩文拒絕。官周三（13 日）頒判詞指，一旦批准謝的申請，將意味法庭認為案件管理時間表不重要、不逼切，故最好方法是繼續力促署方盡快處理。
高浩文指原本認為法援署能在短時間內決定，但後來發現是「是過分樂觀及錯誤」。他又評論法援回覆謝的信件，指似乎不傾於考慮涉公眾利益，形容信件「有點難看及毫無幫助」。謝世傑回覆指，已將判詞轉交署方，望署方能盡快完成審批。
13 Nov 2024法庭線#4232
11.12中大二號橋｜理大生暴動無罪 律政司上訴得直 發還原審認罪囚2年9月
On 12 November 2019, clashes broke out at Bridge No. 2 at The Chinese University of Hong Kong, and four people were charged with rioting. A PolyU student was acquitted after trial. The Department of Justice appealed by way of case stated, and the Court of Appeal allowed the appeal, setting aside the acquittal and remitting the case for reconsideration by the trial court.
The PolyU student pleaded guilty at the District Court on Wednesday (13th) and was sentenced to 33 months in prison. The facts of the case stated that protesters ignored warnings and advanced towards the police line, throwing large numbers of petrol bombs, some of which struck police officers. The police arrested the defendant while dispersing the protesters.
In sentencing, Judge Clement Lee said the protesters had attempted to retake control of Bridge No. 2 and had charged the police line, which was premeditated and warranted an uplift in the sentence. The judge also said the prosecution should have lodged its appeal as soon as possible. The defendant had a reasonable expectation that he could regain his freedom, but the delays and twists following the trial had shattered that expectation, and the court would exercise its discretion to reduce the sentence.
2019 年 11 月 12 日，中大「二號橋」爆發衝突，4 人被控暴動。一名理大生經審訊後被裁定無罪，律政司以案件呈述方式上訴，上訴庭裁定得直，撤銷無罪裁決，發還原審重新考慮。
該理大生周三（13 日）在區域法院認罪，被判囚 33 個月。案情指，示威者無視警告向警方防線推進，期間投擲大量汽油彈，部分擲中警員，而警方於驅散時拘捕本案被告。
法官李慶年判刑時指，示威者企圖重奪二號橋的控制權，並衝擊警方防線，屬有預謀須加重刑責。官又指，被告原審後獲判無罪，控方的上訴應盡快提出，被告懷有合理期望可恢復自由，但審訊後的延誤及波折打破他的期望，會酌情減刑。
12 Nov 2024法庭線#4227
港大評議會案4人囚15月 3人刑滿獲釋
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a 2021 Council meeting concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “promoting terrorism”. The four pleaded guilty to the alternative charge of “incitement to cause bodily harm with intent” and were sentenced to two years’ imprisonment. Their appeals against sentence were allowed this September, reducing the sentences to 15 months.
Kinson Cheung King-sang and Charles Kwok Wing-ho were released after completing their sentences on Tuesday (the 12th), leaving Pik Uk Correctional Institution in Sai Kung at about 9 a.m. Kinson Cheung King-sang was wearing a suit and face mask and carrying personal belongings including a guitar and a “baotou bag”. Charles Kwok Wing-ho was wearing a white top and carrying a “baotou bag”, with friends and relatives present to receive them. The two said jokingly that they “didn’t expect it to be this early”, noting that some friends and relatives had not arrived in time. Charles Kwok Wing-ho hugged their mother, who was waiting at the scene.
In an interview with The Witness, Charles Kwok Wing-ho said prison had been more uneventful than expected, describing it as “比较 peaceful，唔係特別興奮” (“relatively peaceful, not particularly exciting”). They said their immediate wish was to “go home and spend time with my family”, and that they planned to rest for several months before looking for work. They also thanked people from various sectors for their concern and said, “大家保重” (“everyone, take care”). It is understood that Chris Todorovski was also released the same day from Shek Pik Prison on Lantau Island, while Anthony Yung Chung-hei remains in prison.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪，4 人承認交替控罪「煽惑有意圖傷人」判囚兩年，今年 9 月刑期上訴得直，減至判囚 15 個月。
其中張敬生及郭永皓周二（12 日）刑滿獲釋，早上約 9 時離開西貢壁屋監獄。張身穿西裝，戴上口罩，攜同結他及「包頭袋」等個人物品；郭則身穿白色上衣，攜同「包頭袋」，有親友到場迎接。兩人笑言「冇諗過咁早」，指部分親友未及到達，郭與到場等候的母親擁抱。
郭永皓接受《法庭線》訪問，指出獄比相像中平淡，「比較 peaceful，唔係特別興奮」，現時最想「返屋企，陪屋企人」，將來打算先休息數月後再找工作，又感謝各界的關心，著「大家保重」。據了解，杜林丞亨同日於大嶼山石壁監獄獲釋，容頌禧則仍在服刑。
11 Nov 2024法庭線#4223
6.9金鐘｜社工早前認襲警囚4月 受襲警向被告索償 官下令賠44.6萬元
After a million-person anti-extradition bill protest on June 9, 2019, large numbers of protesters gathered outside the Legislative Council protest area until the early hours of the following day. The 33-year-old social worker was alleged to have taken part in beating a police officer. He earlier pleaded guilty to unlawful assembly and assaulting a police officer, and was sentenced to four months in prison. The assaulted officer earlier filed a claim in the District Court seeking at least HK$200,000 from the social worker for his injuries and losses. Judge Phillis Lai Ping Loh handed down the judgment on Monday (the 11th), ordering the social worker to pay the male police officer HK$446,000 in compensation.
The judgment said that, in addition to the officer subsequently experiencing problems including headaches, nausea and anxiety, it accepted the police’s contention that the officer had been “brutally” assaulted by a group of protesters. The protesters’ blatant and malicious attack aggravated his emotional injury. As a law enforcement officer, being attacked while carrying out his duties was “a high degree of contempt and humiliation”. The judge ordered HK$100,000 in compensation for the plaintiff’s emotional injury.
2019 年 6 月 9 日百萬人反修例遊行後，大批示威者在立法會示威區外聚集至翌日凌晨。33 歲社工被指有份圍毆警員，早前承認非法集結及襲警罪，判監 4 個月。受襲警早前入稟區域法院，就其傷勢和損失向社工索償至少 20 萬元。法官羅麗萍周一（11 日）頒下判詞，下令社工向男警賠償 44.6 萬元。
判詞指，除了警員事後感頭痛、噁心、焦慮等問題外，亦接納警方一指，警員遭一群示威者「野蠻」地施襲，示威者明目張膽、惡意的襲擊，加重其情感傷害。警員作為執法者，在執行職務時受攻擊，「是一種高度的蔑視和羞辱」，官其中就原告的情感傷害，下令賠償 10 萬元。
8 Nov 2024獨媒#4219
【西灣河開槍案】胡子鍵搶槍罪成囚6年 上訴遭官駁回：搶奪意圖清晰
On 11 November 2019, the male student “Patrick Chow Pak-kwan” Patrick Chow Pak-kwan, who was shot and wounded by police in Sai Wan Ho, and his secondary-school classmate Wu Tsz-kin were convicted after trial of attempted robbery, obstructing a police officer in the execution of duty, and escaping from lawful custody, and were each sentenced to six years’ imprisonment. The two earlier appealed against their convictions and sentences. Zhou subsequently abandoned his appeal, while Wu’s appeals against his conviction and sentence for attempted robbery were both dismissed. The Court of Appeal handed down its judgment yesterday (the 7th), saying the trial judge’s analysis was logical and reasonable, and that the overall evidence showed that Wu’s intention to seize the gun was very clear. The Court of Appeal said Wu had chosen not to give evidence at trial, so there was no evidence to support whether he had merely intended to “push away” the police gun at the time. The trial judge had also stated that if Wu was afraid the police gun would endanger his safety, he could have chosen to leave.
The case was heard by Court of Appeal judges Patrick Cheung Wai-cheong, Carlye Pang Man-ki and Maggie Poon Po-ying. At trial, Judge Adriana Noelle Tse Ching convicted Wu Tsz-kin of attempted robbery and obstructing a police officer in the execution of duty. Wu appealed against his conviction and sentence for attempted robbery.
2019年11月11日西灣河遭警員開槍射傷的男學生「熊仔餅」周柏均，以及中學同學胡子鍵被指企圖搶警槍，經審訊被裁定企圖搶劫、阻差辦公及在合法羈押下逃脫罪成，各被判囚6年。二人早前不服定罪及刑罰，提出上訴，其後周放棄上訴，至於胡就「企圖搶劫」罪的定罪及刑罰上訴均遭駁回。上訴庭昨（7日）頒下判詞，指原審法官的分析合乎邏輯情理，整體證據所顯示胡的搶奪意圖甚為清晰。上訴庭指，胡在審訊時選擇不作供，故沒有證據支持他當時是否只是想「推開」警槍。而原審法官亦表明，假如胡害怕警槍會危害其安全，可選擇離開。
案件由上訴庭法官彭偉昌、潘敏琦及彭寶琴審理。於原審時，胡子鍵被法官謝沈智慧裁定企圖搶劫及阻差辦公罪成，胡就企圖搶劫罪提出定罪及刑罰上訴。
7 Nov 2024法庭線#4210
為內地學生報考DSE被拒 深圳教育中心指考評局差別對待 獲批司法覆核許可
The Shenzhen International Curriculum Centre applied this year for 62 Mainland students to take the 2025 Hong Kong Diploma of Secondary Education Examination as private candidates. However, because the centre was unable to provide official proof of its operation as an educational institution, the Hong Kong Examinations and Assessment Authority ultimately rejected the applications of 54 students. The other eight successfully applied after meeting other requirements.
The centre filed an application for judicial review in the High Court on Wednesday (6th), saying it had also applied on the students’ behalf to take the 2024 Diploma examination and had been approved. It argued that the HKEAA rejected the 2025 applications despite no change in the application requirements, alleging that the authority had misinterpreted the examination rules and treated candidates differently, and asking the court to quash its decision. The case was dealt with on Thursday (7th), when Judge Ko Ho-man granted leave for judicial review. The hearing is tentatively scheduled for December.
深圳國際課程中心今年為 62 名內地學生，以自修生身分報考 2025 年香港中學文憑試，但因中心未能提供官方辦學證明，最終 54 名學生被考評局拒絕報名，另 8 人因符合其他條件，成功報考。
該中心周三（6 日）入稟高等法院申請司法覆核，指中心亦曾代為報考 2024 年文憑試並獲批，然而考評局在報考條件沒有改變下，拒絕 2025 年的報考申請，認為考評局錯誤理解考試規則、差別對待考生，要求法庭推翻考評局的決定。案件周四（7 日）處理，法官高浩文批出司法覆核許可，暫定於 12 月聆訊。
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