8 May 2024法庭線#3506
反恐首案｜黃振強確認 沒告知「屠龍」隊員炸彈位置、自己有「著草」計劃
In the first case under the Terrorism Ordinance, seven defendants pleaded not guilty. The trial at the High Court entered its 12th day on Wednesday (the 8th), with the defendant who pleaded guilty, Victor Chun Keung Wong, described as the captain of the “Dragon Slaying Brigade team”, continuing to be cross-examined. The defence counsel repeatedly questioned whether Wong had failed to tell the members that the operation involved bombs and firearms, and had not disclosed the bomb’s location. As a result, members including Cheung Ming-yu did not know that they could possibly have been blown to death at any moment, and could not have judged whether to participate in the operation.
Wong said at different points that “it was their judgment”, and also considered that the information “was actually sufficient”. The defence also cited messages suggesting that the members had agreed not to use firearms, while Wong had privately intended to kill police officers, meaning the members would have been “dragged into it” by him. Wong said that, after considering the matter, he had decided not to use them. He also agreed that he had not mentioned his escape plan to the members, but denied the defence’s suggestion that he had “sold out” his teammates. The case continues on Thursday.
《反恐條例》首案，7 人不認罪，周三（8 日）在高院踏入第 12 天審訊。認罪被告、自稱「屠龍小隊」隊長黃振強續接受盤問。辯方大狀多次質疑，黃沒告知隊員行動涉炸彈、槍械，亦沒披露炸彈位置，而張銘裕等隊員不知「原來分分鐘都可能俾人炸死埋」，亦無可能判斷是否參加行動。
黃先後稱「係佢哋嘅判斷」，又認為資訊「其實都已經好足夠囉」。辯方另引訊息質疑，隊員有共識不用槍械，但黃私自打算殺警，「（隊員）咪好似畀你拉落水」；黃稱因此經考慮「都係決定唔用」。他亦同意，沒向隊員提及自己有「著草」計劃，但否認辯方推斷他「賣甩」隊友。案件周四續。
7 May 2024法庭線#3494
10.6灣仔｜5人暴動無罪律政司上訴得直 發還原審重新考慮 官：無罪裁決有悖常理
On 6 October 2019, the day after the Anti-Mask Law took effect, netizens launched the “Anti-Totalitarianism, Anti-Emergency Law Grand March”. Five people, including a boy who was 15 at the time of the incident, were arrested in Wan Chai. Following trial, they were acquitted of rioting but convicted of using masked items, and were sentenced to imprisonment, a rehabilitation centre and community service orders, among other penalties. The Department of Justice earlier appealed against the five people’s acquittals on the riot charges by way of case stated. The Court of Appeal heard the appeal on Tuesday (7th).
2019 年 10 月 6 日，即《禁蒙面法》生效後翌日，網民發起「反極權反緊急法大遊行」，當中 5 人包括一名案發時 15 歲男生在灣仔被捕，經審訊後被裁定暴動罪不成立，而使用蒙面物品罪罪成，分別判監禁、更生中心及社服令等。律政司早前以案件呈述方式，就 5 人暴動罪提出上訴。上訴庭周二（7 日）開庭審理。
上訴庭 3 名法官聽罷陳詞，裁定原審法官的無罪裁決有悖常理，應予撤銷，案件須發還原審法官繼續處理。換言之，原審法官須重新考慮裁決。上訴庭將在 3 個月內頒判詞補充理由。各被告准以原有條件保釋，待案件 7 月 4 日在區域法院提訊。
7 May 2024法庭線#3495
27歲男被指與2人製炸彈、TG曾揚言「炸狗屋」 控方指沒爆炸仍構成串謀犯案
A 27-year-old unemployed man allegedly joined a laboratory assistant and an electrical technician in testing an improvised explosive device at a secluded location on Siu Leng Shui Road, Tuen Mun, in December 2019, but the attempt failed. The man was arrested at the scene and charged with one count of conspiracy to cause an explosion of a nature likely to endanger life or cause serious damage to property. He has been remanded in custody for more than four years. The case opened at the High Court on Tuesday (the 7th), after a seven-member jury was empanelled. The man pleaded not guilty and went on trial.
The prosecution alleged that the defendant and others threatened in a Telegram group to make bombs and place them at “rb” and to bomb the “dog house”, and said that “1kg can blow up a water cannon vehicle”. When arrested, the defendant was found carrying mercury powder allegedly intended as a raw material for a bomb. Under caution, he said he was only testing a smoke bomb.
The prosecution stressed that the reason no explosion occurred and no harm was caused to life or property was only that the defendant was “arrested by police in time” before carrying out the plan. It argued that they had nevertheless agreed to place the bomb, thereby constituting a conspiracy offence.
27 歲無業男子涉於 2019 年 12 月，聯同實驗室助理和電器技工，在屯門小冷水路一偏僻處試驗土製爆炸裝置但失敗。男子當場被捕，被控一項「串謀導致性質相當可能會危害生命或對財產造成嚴重損害的爆炸」罪，還押至今逾 4 年。案件周二（7 日）在高等法院，選出 7 人陪審團開審，男子不認罪受審。
控方案情指，被告與其他人在 Telegram 群組揚言製作炸彈放在「rb」和炸「狗屋」，又指「1kg 可以爆水炮車」。被捕時被告身上搜出被指是炸彈原材料的水銀粉末，他在警誡下聲稱僅試驗煙霧彈。
控方強調本案之所以沒有爆炸發生，沒構成生命或財產損害，僅因被告在實行計劃前「及時被警方拉咗」，他們仍有協議放炸彈，構成串謀犯案。
7 May 2024法庭線#3497
被指六四維園外遇截查時不合作 八旬翁被控阻差判一個月醫院令
On June 4, 2022, the 33rd anniversary of the June 4 incident, a man in his 80s was accused of holding an item bearing slogans about the “five demands” and the pursuit of universal suffrage outside Victoria Park. He allegedly refused to cooperate when stopped by police and was charged with obstructing a police officer in the due execution of his duty. The case was heard at Eastern Magistrates’ Courts on Tuesday (the 7th).
The defendant, who had earlier failed to attend court and had a warrant issued for his arrest, was brought to court by police on Tuesday. He was not legally represented and was provided with a Putonghua interpreter. At the start of the hearing, the prosecution said two psychiatric reports previously requested by the court showed that the defendant was unfit to plead. It recommended that he be dealt with under section 45 of the Mental Health Ordinance and be given a one-month hospital order.
The prosecution called four police officers to testify. The defendant did not testify and called no witnesses. After considering the evidence, Acting Magistrate Yip Shing-lam found that the prosecution had proved beyond reasonable doubt that the defendant had committed the offence of obstructing a police officer in the execution of duty. The defendant was sentenced to a one-month hospital order and remanded at Siu Lam Psychiatric Centre.
2022 年 6 月 4 日「六四事件」33 周年，八旬翁被指在維園外手持寫有「五大訴求」、爭取普選標語的物品，遇警截查時拒合作，被控一項「阻撓在正當執行職務的警務人員」罪。案件周二（7 日）在東區裁判法院審訊。
早前因沒有應訊、被發拘捕令的被告，周二由警方押送到庭。被告沒有律師代表，獲安排普通話翻譯。控方代表開庭表示，法庭早前索取的兩份精神科報告顯示，被告不適合答辯，建議按《精神健康條例》第 45 條，判處 1 個月醫院令處理。
控方傳召 4 名警員作供，被告不作供，沒有傳召證人。暫委裁判官葉成林考慮證供後，裁定控方在毫無合理疑點下證明被告干犯阻差辦公控罪，判被告 1 個月醫院令，還押小欖精神病治療中心。
7 May 2024法庭線#3498
反恐首案｜辯方指「屠龍」有共識不用槍 黃振強確認僅他「一個堅持話想殺差人」
The first case under the anti-terrorism law, involving seven defendants who have pleaded not guilty, entered its 11th day at the High Court on Tuesday (7th). Victor Chun Keung Wong, a defendant who has pleaded guilty and who described himself as the captain of the “Dragon Slaying Brigade squad”, continued to be cross-examined by the defence. The defence for CHEUNG Chun-fu said Wong had still not briefed the team members on the eve of carrying out the alleged “kill police” plan, and that he had not done so because he “knew full well” the members would oppose cooperating if they knew about the plan. Wong denied all of this.
The defence for Cheung Ming-yu said “Dragon Slaying Brigade” had always had a consensus that “we would not use guns or bombs and would not kill police officers”. Wong said this required correction, stating: “By the end, indeed we wouldn’t do it ourselves (kill them), but if other people used this… we wouldn’t mind seeing police officers injured or killed, or assisting other people would also be OK.” Under subsequent questioning, Wong admitted that only he had “insisted that he wanted to kill police officers”. The case will continue on Wednesday (8th).
《反恐條例》首案，7 人不認罪，周二（7 日）在高院踏入第十一天審訊。同案認罪被告、自稱「屠龍小隊」隊長黃振強，續接受辯方盤問。被告張俊富一方指，至執行所謂「殺警」計劃前夕，黃仍未向隊員交代行動；而黃未交代，因「心知肚明」隊員若知悉計劃，會反對合作。黃一概否認。
被告張銘裕一方則指，「屠龍」一直有共識「我們不用槍與炸彈，不會殺差人」，黃稱有更正，指「去到最後的確我哋唔會自己（殺），但如果其他人用呢…唔介意見到警察有傷亡，或者協助其他人都 ok 」。其後在盤問下，黃承認僅他「堅持話想殺差人」。案件周三（8日）續。
6 May 2024法庭線#3492
反恐首案｜辯方指涉用「屠龍」近30萬元賭波 黃振強：「係我用嚟紓壓嘅方法」
The first case under the Anti-terrorism Ordinance, in which seven people have pleaded not guilty, entered its 10th day of trial at the High Court on Monday (6th). Victor Chun Keung Wong, a defendant in the same case who has pleaded guilty and describes himself as the captain of the “Dragon Slaying Brigade Squad”, began being cross-examined by the defence on the sixth day of his testimony. Counsel for defendant CHEUNG Chun-fu said Wong had unilaterally changed the team’s name from the “Escape Dragon Squad”, which was inspired by the film Fight Back to School, to the “Dragon Slaying Brigade Squad” in an attempt to appear “cooler”. Wong denied this.
The defence also said Wong had allegedly diverted $297,000 in “Dragon Slaying Brigade” funds for football betting over approximately one month from November to December 2019. Wong denied misappropriating the money, saying, “At the time, I felt this was my way of relieving stress, although it was not a very good way to do so.”
The defence also asked whether hitting, intimidation or coaxing had been involved when police conducted a video-recorded interview with Wong. Wong remained silent for a time and eventually, after seeking legal advice, said, “The police used a certain degree of force when arresting me,” adding that he had filed a complaint with the Complaints Against Police Office. The case will continue on Tuesday (7th).
《反恐條例》首案，7 人不認罪，周一（6 日）在高院踏入第十天審訊。同案認罪被告、自稱「屠龍小隊」隊長黃振強，在作供第 6 日開始接受辯方盤問。被告張俊富的代表大狀指，黃為求「型啲」，擅自把隊名，由向《逃學威龍》借鑒的「逃龍小隊」，改至「屠龍小隊」。黃否認。
辯方又指，黃涉在 2019 年 11 月至 12 月約一個月間，挪用「屠龍」 29.7 萬元資金賭波，黃否認涉私吞，稱「當時我覺得呢種係我用嚟紓壓嘅方法，雖然唔係咁好嘅途徑」。
辯方另問及，警方與黃進行錄影會面時，有否涉及打、嚇、氹？黃一度靜默，最後於索取法律意見後答，「警員喺拘捕我嘅時候，有使用一定程度武力」，並指已向投訴警察課立案。案件周二（7日）續。
3 May 2024法庭線#3478
反恐首案｜黃振強指女被告劉佩凝助「屠龍」眾籌 一個月內籌約 30 萬元
In the first case under the Anti-terrorism Ordinance, seven defendants pleaded not guilty, and the trial at the High Court entered its ninth day on Friday (3rd). The co-defendant who pleaded guilty, self-styled “Dragon Slaying Brigade” captain Victor Chun Keung Wong, continued to testify as a prosecution witness. He said “Dragon Slaying Brigade” raised funds in two main ways: donations from “parents”, and crowdfunding through a Telegram channel called “Yuk Lung”. The latter raised about $300,000 within one month.
Wong also said “Yuk Lung” was set up and assisted in its management by female co-defendant Lau Pui-ying. Lau had previously funded “Dragon Slaying Brigade” personally and sought donations from “parents’ groups”. Wong had told Lau there would be a “major operation” involving other teams using firearms and bombs, and therefore instructed Lau to step up the crowdfunding efforts, arrange a “getaway plan” for “Dragon Slaying Brigade” members, and have the entire team flee to Taiwan after carrying out the plan. The case will continue next Monday (6th).
《反恐條例》首案，7 人不認罪，周五（3 日）在高院踏入第九天審訊。同案認罪被告、自稱「屠龍小隊」隊長黃振強，續以控方證人身分作供，稱「屠龍」募集資金有兩大方式，包括「家長」捐款，及設立 Telegram 頻道「育龍」眾籌，後者在 1 個月內籌得約 30 萬元。
黃又稱，「育龍」由同案女被告劉佩凝設立及協助管理，此前劉曾私人及找「家長 group」資助「屠龍」。而黃曾對劉提及會有「大行動」，配合其他團隊使用槍械和炸彈，遂著劉「加緊個眾籌力度」，為「屠龍」成員安排「走佬 plan 」，在實行計劃後全隊「著草」到台灣。案件下周一（6 日）續。
3 May 2024法庭線#3486
支聯會拒交資料案鄒幸彤3人 申終極上訴許可待排期 譚得志煽動案待申證明書
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which has been struck off the company register, was represented by its former vice-chair Chow Hang-tung and two former standing committee members Tang Ngok Kwan and Hon Kwong Tsui, who were convicted of refusing to provide information. In March this year, the High Court dismissed their appeals against conviction and sentence; their applications for certificates granting leave to appeal to the Court of Final Appeal (a Law 101 article) were also refused.
The Department of Justice confirmed to The Witness on Thursday (the 2nd) that the three had directly applied to the Court of Final Appeal for leave to appeal. The court’s website lists the case but does not yet show a hearing date. Tsui and Tang are currently serving their sentences, while Chow is remanded in custody in connection with the Alliance’s alleged subversion case.
Separately, Tam Tak-chi has also applied for leave to make a final appeal in his sedition case. The Court of Final Appeal’s website lists that case as well, but likewise does not yet show a hearing date. It is understood that Tam is still awaiting the Court of Appeal’s handling of the procedure concerning his application for a certificate. The Department of Justice said the relevant legal proceedings are ongoing and declined to comment further.
已被剔除公司註冊的支聯會，前副主席鄒幸彤與兩名前常委鄧岳君、徐漢光，被裁定拒交資料罪成，今年 3 月被高院駁回定罪、刑期上訴；3 人申請上訴至終院許可證明書（法律 101 文章），亦被拒絕。
律政司周四（2 日）回覆《法庭線》時確認，鄒幸彤 3 人已直接向終院申請上訴許可。終院網頁顯示該案，暫未有聆訊日期。目前徐、鄧在服刑，鄒則就支聯會涉顛覆案還押。
另外，譚得志亦就煽動案申請終極上訴許可，終院網站顯示該案，同樣暫未有聆訊日期。據悉，譚仍待上訴庭處理申請證明書的程序。律政司指，相關法律程序仍在進行，不會作進一步評論。
2 May 2024獨媒#3474
「星火同盟」義工洗黑錢罪成 擬申上訴 充公命令押後至9月處理
Police arrested three men and one woman linked to Spark Alliance in December 2019 on suspicion of money laundering. A male student, who was 17 at the time and is now 21, was accused of handling more than HK$630,000 in funds of unknown origin between June and December 2019. He denied one count of money laundering but was convicted after trial and sentenced to 16 months in prison. The case was heard at the District Court today (2nd) to deal with the prosecution’s application for a confiscation order. However, the prosecution representative said they had just been informed that the student had filed an appeal and that the confiscation order should be dealt with after the appeal had concluded. Acting Judge Ko Wai-hung granted the prosecution’s application and adjourned the case to September 5. The student will continue serving his sentence in the meantime.
警方於2019年12月拘捕與「星火同盟」有關的3男1女，指他們涉嫌洗黑錢，其中案發時年僅17歲、現年21歲的男學生被指2019年6月至12月期間，處理逾63萬元不明來歷款項，他否認一項洗黑錢罪，經審訊被裁定罪成，判囚16個月，案件今（2日）於區域法院提訊，以處理控方提出的充公命令。惟控方代表稱，剛獲告知男生入紙申請上訴，應待上訴有結果之後才處理充公令。暫委法官高偉雄遂應控方申請，押後至9月5日再提訊，期間男生繼續服刑。
2 May 2024法庭線#3476
涉致謝七一刺警案疑兇認罪囚兩年 4港大生申刑期上訴許可 9.13開庭處理
The then-chairperson of the University of Hong Kong Students’ Union Council Kinson Cheung King-sang, 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 Council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of “inciting others to wound with intent” and were each sentenced to two years’ imprisonment. They successively applied to appeal their sentences in 2023.
The Judiciary’s website latest shows that the case is listed for Sept. 13 to deal with the four applications for leave to appeal against sentence. The hearing is expected to last one day, with 180 minutes allocated, although the judge who will hear the case has not yet been indicated.
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，以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》下「宣揚恐怖主義」罪。4 人承認交替控罪「煽惑他人有意圖而傷人」，各被判囚 2 年。4 人在 2023 年，先後提出刑期上訴。
司法機構網頁最新顯示，案件排期 9 月 13 日，處理 4 人的不服刑罰上訴許可申請，料審期 1 天、需時 180 分鐘，但暫未顯示由哪位法官審理。
Translations are supplied by the source workbook. Consult the original reporting for context.
