24 Nov 2025集誌社#7575
「釋放令」覆核案｜已獲撤令、自資提覆核望造福社區 夏志偉勝訴：活出一點點意義
After several assault cases involving people with mental illness occurred in 2023, the Health Bureau considered expanding the scope of “conditional release” (CD) arrangements for psychiatric patients discharged from hospital, but ultimately shelved the plan. Ha Chi-wai, who had been subject to an order for 10 years and had failed four applications to have it revoked as well as a judicial review, filed a judicial review in the High Court at the end of the same year. It was the first such case since CD was introduced in 1988.
Ha sought declarations that the Hospital Authority, the tribunal and the hospital superintendent had failed to comply with their statutory duties to explain patients’ rights to him, resulting in procedural unfairness. After waiting for more than a year and a half, the court handed down its judgment today (the 24th), ruling in Ha’s favour. It held that the hospital and the Hospital Authority had breached common-law requirements and had a duty to ensure that patients understood their right to apply for a review. Regarding the judicial review outcome, Ha said he did not yet know whether the other side would appeal, but believed that the result had already become a precedent that could help many people. “In that case, even the first half of my life, which was completely meaningless, can be said to have gained a little meaning!”
2023 年數宗涉精神病人的襲擊案件發生後，醫衞局一度考慮擴大精神科病人出院安排的「有條件釋放」(CD) 範圍，最終擱置。曾持令十年、四次申撤令兼覆核失敗的病人夏志偉，同年底入稟高等法提司法覆核，是 CD 自 1988 年實施已來的首宗案例。
夏志偉要求法庭宣告醫管局、審裁處及醫院院長沒遵照法定責任，向他解釋病人權利，構成程序不公。等待逾一年半，法院今（24日）頒下判詞，裁定夏志偉勝訴，指院方及醫管局違反普通法要求，並有責任確保病人明白申請覆核的權利。對於司法覆核結果，夏志偉說尚未知對方會否上訴，但相信現階段結果已成案例，可以幫到很多人，「這樣，完全沒有意義的前大半生，也算是活出一點點意義！」
24 Nov 2025法庭線#7581
23歲男子涉損壞兩張選舉事務處海報 被控刑事毀壞 准保釋12.16再訊
A 23-year-old man allegedly damaged two Electoral Affairs Office posters in Mong Kok last Wednesday (19th). He was charged with one count of criminal damage and appeared at West Kowloon Magistrates’ Courts for the first time on Monday (24th).
The defendant was not required to enter a plea at this stage. The prosecution applied to adjourn the case until December 16 pending further police investigation, and the application was approved by Magistrate Vivian Wai Han Ho. The defendant was granted bail on a cash bond of $500, on condition that he not leave Hong Kong, reside at his reported address and stay away from the scene, among other conditions.
23 歲男子上周三（19 日），在旺角損壞兩張選舉事務處海報，被控一項「刑事毀壞」罪，案件周一（24 日）在西九龍裁判法院首次提堂。
被告暫時毋須答辯，控方申請將案件押後至 12 月 16 日再訊，以待警方進一步調查，獲裁判官何慧嫻批准。期間被告獲准以現金 500 元、不得離開香港、需居於報稱住址、需遠離案發地點的條件等保釋候訊。
21 Nov 2025法庭線#7563
黃之鋒被控串謀勾結 第二次提訊日未完成交付 續還押候明年3月訊
Joshua Wong, former secretary-general of Demosisto, was arrested at Stanley Prison in early June this year and charged under the National Security Law with conspiracy to collude with a foreign country or with external elements to endanger national security. The case came before the court on Friday (21st) for its second hearing before transfer to the High Court. The hearing lasted less than five minutes. National Security Law-designated judge and Chief Magistrate Peter Law adjourned the case until 6 March next year. Wong did not apply for bail and waved to members of the public as he left court.
前香港眾志秘書長黃之鋒，今年 6 月初在赤柱監獄被捕，被控《國安法》「串謀勾結外國或者境外勢力危害國家安全」罪，案件周五（21 日）進行交付高院前的第二次提訊日。
聆訊歷時不足 5 分鐘，《國安法》指定法官、總裁判官蘇惠德押後明年 3 月 6 日再訊。黃沒保釋申請，離庭時向公眾揮手。
21 Nov 2025法庭線#7564
煽動分裂罪成判囚5年 因23條不獲提早釋放 馬俊文刑滿出獄
Ma Chun-man, known as the “second-generation Captain America”, was accused of shouting Hong Kong independence slogans on multiple occasions in 2020. He was convicted after trial of inciting secession and sentenced to five years in prison. Because of new arrangements under Article 23, he was not granted a reduction for good behaviour in prison and was unable to secure early release (see the chronology in the accompanying graphic).
On Friday (21st), Ma posted a new selfie on Facebook and said he had been released: “I’m out. It feels as if a lifetime has passed since I went home, yet I feel helpless in the face of the shock of reality. Where should I go in this vast life… Please take good care of yourself and your family.” Ma sought a judicial review over the denial of a sentence reduction in prison, but the High Court and the Court of Appeal rejected his application, saying the arrangement did not constitute additional punishment and did not involve the deprivation of a statutory right.
人稱「第二代美國隊長」馬俊文，被指 2020 年多次叫喊港獨口號，經審訊被裁定「煽動分裂國家」罪成，判囚 5 年。受「23 條」新安排影響，他不獲獄中行為良好減刑，未能提早獲釋（時序見內文圖）。
馬周五（21 日）在 Facebook 發布新自拍照，並表示已出獄，「出冊了。回家的感覺彷如隔世，卻被現實嘅衝擊感到無奈，茫茫人生我該何去何從呢⋯請好好照顧自己，照顧家人」。馬就不獲獄中減刑提司法覆核，高院與上訴庭駁回時指，安排不屬額外懲罰、不涉剝奪法定權利。
20 Nov 2025法庭線#7556
一拳書館辦西班牙文興趣班 被指違《教育條例》 遭票控「管理未經註冊學校」等5罪
The Sham Shui Po independent bookstore Yat Poon Bookshop previously held a Spanish interest class. Its owner, Yat Ming Pong, and the company concerned were accused of violating the Education Ordinance and charged with five offences, including “managing an unregistered school” and “permitting an unregistered teacher to teach in a school”. They appeared for the first time at Kowloon City Magistrates’ Courts on Thursday (20th).
The charges allege that the company permitted an unregistered teacher to teach at a school named “Yat Poon Bookshop”. Yat Ming Pong, who was not represented by a lawyer, appeared in person and applied for an adjournment to obtain documents. Magistrate Qingdong Zeng approved the application and adjourned the case to 8 January 2026 for a further hearing.
Speaking outside court, Yat Ming Pong said the Education Bureau had conducted an inspection earlier but had not taken further action. They said, “At first I thought, does this mean there would be no prosecution?”, but received notification that they had been prosecuted on the last day of the six-month prosecution period and felt “a bit taken aback”.
深水埗獨立書店「一拳書館」早前舉辦西班牙文興趣班，店主龐一鳴及相關公司被指違反《教育條例》，遭票控「管理未經註冊學校」、「准許非註冊教員在學校任教」等 5 罪，周四（20 日）在九龍城裁判法院首度提堂。
控罪指，有人告發公司准許非註冊教員在一間名為「一拳書館」的學校教學。龐一鳴沒律師代表、親自應訊，申請押後候索取文件，獲裁判官曾慶東批准押至 2026 年 1 月 8 日再訊。
龐一鳴庭外指，教育局早前巡查後沒進一步程序，「最初都諗住係咪唔需要檢控呢」，惟在 6 個月檢控期限最後一日，收到通知被起訴﹐感到「有啲錯愕」。
20 Nov 2025法庭線#7558
3人涉轉載姜嘉偉、湯偉雄FB帖文 被控煽惑選舉不投票或投白票 准保釋候訊
Two men and one woman were accused of reposting on Facebook, during the 2025 Legislative Council election, posts published respectively by Keung Ka Wai, leader of the Hong Kong Democratic Rebuilding Alliance, and Wai Hung (1963-12) Tong, who was known as “赴湯”, urging others not to vote. Each was charged with the offence of “inciting another person, through public activity during an election period, not to vote or to cast an invalid vote”.
The cases came before the West Kowloon Magistrates’ Courts for the first time on Thursday (the 20th). The defence applied to adjourn the three cases to 15 January next year to obtain documents and provide legal advice, and the application was approved by Magistrate Gary Man Hon Chu. The three were granted bail pending the hearings on a cash sum of $1,000, surrendering all travel documents, not leaving Hong Kong, and residing at their reported addresses.
2 男 1 女被指於 2025 立法會選舉期間，分別在 Facebook 轉載由「香港民主建國聯盟」黨魁姜嘉偉，及被稱為「赴湯」的湯偉雄所發布、呼籲他人不投票的帖文，各被控「在選舉期間內藉公開活動作出煽惑另一人不投票或投無效票的非法行為」罪。
案件周四（20 日）於西九龍裁判法院首次提堂。辯方申請將 3 案押後至明年 1 月 15 日，以候索取文件及提供法律意見，獲裁判官朱文瀚批准。期間 3 人獲准以現金 1,000 元、交出所有旅遊證件、不得離開香港、居住在報稱地址的條件保釋候訊。
20 Nov 2025明報#7560
國安處拘68歲男子 涉發布煽動信息及煽惑他人不投票
The Police National Security Department took enforcement action in the Eastern District on the 18th and arrested a 68-year-old man suspected of repeatedly posting messages with seditious intent on social media. The posts allegedly included messages inciting others to generate hatred against the Hong Kong Special Administrative Region Government, the judiciary and law enforcement agencies, and urging others not to vote or to cast blank ballots in elections. The department provisionally charged the man this morning (20th) with one count of knowingly publishing publications with seditious intent. He appeared at the West Kowloon Magistrates’ Courts in the afternoon.
The 68-year-old defendant, Lam Chung-ming, was charged with knowingly publishing publications with seditious intent in Hong Kong between September 26 last year and November 18 this year, both dates inclusive. The charge alleges that he published statements, photographs and/or images on Facebook with the intent to bring about hatred or contempt for, or excite disaffection against, the constitutional order, executive, legislative or judicial institutions of the HKSAR among Chinese citizens, Hong Kong permanent residents or people in the Region; to incite any person to attempt, by means other than lawful means, to alter matters prescribed by the Central authorities in accordance with law for the HKSAR or matters prescribed in the HKSAR in accordance with law; to bring about hatred or enmity between different classes of residents of the HKSAR or between residents of different regions of China; to incite others to commit acts of violence in the HKSAR; and/or to incite others to do acts involving non-compliance with the laws of the HKSAR or disobedience to orders issued under the laws of the HKSAR.
警方國安處前日（18日）在東區採取執法行動，拘捕一名68歲男子，涉嫌多次透過社交平台持續發布具有煽動意圖的信息，內容包括煽動他人引起對香港特區政府、司法機構及執法部門的憎恨，以及煽惑他人在選舉中不投票或投白票。國安處今（20日）上午暫控該名男子一項「明知而發布具煽動意圖的刊物」罪，案件下午在西九龍裁判法院提堂。
68歲被告林宗明被控於去年9月26日至今年11月18日期間（包括首尾兩日）在香港明知刊物具煽動意圖而發布該等刊物，即在Facebook發布陳述、相片及或圖片，具意圖引起中國公民、香港永久性居民或在特區的人，對特區的憲制秩序、行政、立法或司法機關的憎恨或藐視或對其離叛；煽惑任何人企圖不循合法途徑改變中央就特區依法制定的事項或在特區依法制定的事項；引起特區不同階層居民間或中國不同地區居民間的憎恨或敵意；煽惑他人在特區作出暴力作為；及或煽惑他人作出不遵守特區法律或不服從根據特區法律發出的命令的作為。
20 Nov 2025法庭線#7561
23條｜68歲男被指FB發文煽惑不投票或投白票 被控發布煽動刊物罪 還押12.30再訊
A 68-year-old man was accused of publishing seditious posts on Facebook between September last year and November this year, including urging people not to vote or to cast blank ballots in elections. He was charged under the Safeguarding National Security Ordinance with knowingly publishing a publication with seditious intention. The case came before the West Kowloon Magistrates’ Courts on Thursday (20th) for the defendant’s first appearance.
The defendant, wearing glasses, a black jacket and a blue top, appeared in court. He was not required to enter a plea at this stage. The prosecution applied to adjourn the case to allow further police investigation, saying that two computers and three mobile phones had been found during a search of his home and that time was needed to examine whether their contents involved other offences. Defence counsel applied for bail, but Chief Magistrate Victor So Wai-tak refused the application after hearing submissions. The defendant was remanded in custody, and the case was adjourned to Dec 30 for a further hearing.
68 歲男子被指於去年 9 月至今年 11 月期間，於 Facebook 發布煽動帖文，內容包括煽惑他人在選舉中不投票或投白票等，被控《維護國安條例》下的「明知而發布具煽動意圖的刊物」罪，案件周四（20 日）於西九龍裁判法院首次提堂。
被告戴眼鏡、身穿黑色外套、藍色上衣到庭應訊。被告暫時毋須答辯，控方申請押後案件，待警方進一步調查，提到警方搜屋期間發現 2 部電腦及 3 部電話，需時檢視內容有否涉及其他罪行。辯方為被告申請保釋，總裁判官蘇惠德聽取陳詞後拒絕，被告須還押，案件押後至 12 月 30 日再訊。
19 Nov 2025法庭線#7550
反恐第二案｜判囚18年何卓為提上訴 被定罪3人全部已提上訴
In the second case under the Anti-Terrorism Ordinance, the jury found Ho Cheuk Wai, Lee Ka-ban and Christopher Ka Tsun Cheung guilty of the alternative charge of conspiracy to cause an explosion likely to endanger life. High Court records show that, following Lee and Cheung, Ho Cheuk Wai, who was sentenced to 18 years’ imprisonment, has also lodged an appeal. The case has not yet been scheduled for hearing.
反恐條例第二案，陪審團裁定何卓為、李嘉濱及張家俊的「串謀導致相當可能危害生命的爆炸罪」交替控罪成立。高院資料顯示，繼李及張後，被判囚 18 年的何卓為亦已提出上訴。案件暫未排期聆訊。
19 Nov 2025法庭線#7551
認貪玩撕毀選舉海報 24歲男被控刑事損壞罪 准自簽2000元守行為兩年
A 24-year-old man was accused of tearing up two Legislative Council election posters in Chai Wan in November this year. He was charged with one count of criminal damage and appeared for the first time at Eastern Magistrates’ Courts on Wednesday (19th). He was allowed to enter into a HK$2,000 recognizance to be of good behaviour for two years, bringing the case to an end, and the charge was withdrawn. The case stated that a passer-by discovered that election posters at the scene had been damaged. Police arrested the defendant after an investigation, and he admitted under caution that he had committed the offence for fun.
24 歲男子被指今年 11 月，在柴灣撕毀兩張立法會換屆選舉海報，被控一項刑事損壞罪，案件周三（19 日）在東區裁判法院首次提堂。被告獲准自簽 2000 元、守行為兩年結案，控罪獲撤銷。案情指，有途人發現案發地點有選舉海報損毀，警方調查後拘捕被告，他在警誡下承認因貪玩犯案。
Translations are supplied by the source workbook. Consult the original reporting for context.
