26 Mar 2024ReNews#3256
七一暴動案學生記者宣布離港
On 1 July 2019, protesters stormed the Legislative Council Complex. Wong Ka-ho (Gary), then a third-year university student and a reporter for CityUeditorial board, entered the complex with hundreds of reporters who were at the scene, witnessing and documenting a historic moment. Unlike the others, however, he and Ma Kai-chung of Passion Times were arrested. Gary was initially accused of criminal damage, but was later charged with rioting and unlawful entry into the Legislative Council Chamber after police found his fingerprints on a torn copy of the Basic Law. Gary was acquitted of rioting and subsequently announced that he would leave Hong Kong.
2019 年 7 月 1 日,示威者攻入立法會大樓,當時就讀大學三年級、城大編委記者黃家豪(Gary),和當時在場數以百計記者一同進入立法會大樓,見證紀錄歷史時刻。但不同的是,他和《熱血時報》的馬啟聰因此被捕,Gary 初時被指刑事毀壞,後來改控暴動和非法進入立法會會議廳,因為警方在一本撕毀的基本法上,找到他的指模。Gary 暴動獲判無罪,隨後宣布離港
26 Mar 2024光傳媒#3258
美司法部揭中國黑客介入反修例運動 冒充異見人士發惡意郵件
The US Department of Justice indicted seven Chinese hackers. The indictment disclosed that Chinese hackers intervened in Hong Kong’s 2019 Anti-Extradition Bill Movement by conducting cyberattacks against Hong Kong’s political, social activism and media sectors. For example, they impersonated the email accounts of prominent Chinese dissidents to send malicious emails to people critical of the Chinese government. If recipients opened links in the emails, malware would be installed on their electronic devices. The hackers also attached compressed files to malicious emails that contained files appearing to be related to the Hong Kong protests but actually concealed malware.
美國司法部起訴7名中國黑客,起訴書揭露中國黑客介入香港2019年的反修例運動,透過網絡攻擊香港政界、社運界和傳媒,例如冒充中國知名異見人士的電郵帳戶,向批評中國政府人士發送惡意郵件,收件人若打開電郵連結,電子設備就會被安裝惡意軟件。此外,黑客在惡意電郵附上壓縮檔,包含了看似與香港示威有關的檔案,但實際內藏惡意軟件。
25 Mar 2024Channel C#3245
旺角被圍捕Busker獲保釋 友人透露Elvis要求飲啖水就走 警呼「你係咪挑戰法律」 再壓牆搶電話上手扣拖行
Street singer (busker) Elvis Cheung was performing opposite Langham Place in Mong Kok at around 4pm yesterday (24th) when he was suddenly surrounded by at least four police officers on suspicion of “performing without a licence”. He was handcuffed and taken to a police station for investigation, and was allowed to leave on bail at around 2am today (25th). Musician Ho Long-chai, a friend who stood bail for him, told this station that Elvis had no visible injuries and appeared calm after being released, but his guitar, promotional placards and other items had been seized for investigation. Ho said he was concerned that Elvis might be unable to continue performing and creating music. According to Ho, Elvis said he had asked to finish drinking some water and then pack up and leave as instructed by the officers, but an officer shouted, “Are you challenging the law?”, before pinning him against a wall, handcuffing him and dragging him away. His mobile phone was also seized.
街頭歌手(Busker)Elvis Cheung昨日(24日)下午約4時許在旺角朗豪坊對面演唱(Busking)時,突被至少4名警員以涉嫌「無牌演奏」圍捕,被鎖上手扣帶返警署調查,今日(25日)凌晨2時許獲准保釋離開。保釋他的音樂人朋友霍朗齊接受本台訪問時稱,Elvis沒有表面傷痕,保釋後表現平靜,惟他的結他及宣傳紙牌等被扣查,擔心無法繼續演奏和創作音樂。霍轉述Elvis指當時要求喝完水便按警員指示收拾物品離開,但警員則大聲說「你係咪挑戰法律」,再將其壓在牆鎖上手扣再拖行,更被搶去手提電話。
23 Mar 2024法庭線#3236
女同志被撤法援終極敗訴 終院指律師有責舉報獲委派前知悉的涉濫用資料
MK, a lesbian who sought a judicial review several years ago over the rights to same-sex marriage and civil unions, had her legal aid withdrawn and lost her final appeal at the Court of Final Appeal on Friday (22nd). MK had been anonymously reported as operating a pet-shop business, and the Legal Aid Department revoked her assistance after making inquiries, based on information provided by two barristers from their meetings with MK.
The dispute concerned whether information from MK’s meetings with her lawyers was protected by legal professional privilege (LPP). The Court of Final Appeal ruled that, under the Legal Aid Regulations, solicitors and barristers have a duty to report to the department information relating to the misuse of legal aid that they know before being assigned to represent a recipient, and that such information is not protected by LPP. All five judges unanimously ruled against MK.
數年前就同性婚姻及民事結合權利,提司法覆核的女同志 MK,被撤銷法援;MK 上訴至終審法院,周五(22 日)被裁定終極敗訴。事件中,MK 被匿名舉報擁寵物店業務,而法援署經查詢後,基於兩名大律師提供與 MK 會面時的資料,而撤銷其援助。
案件爭議 MK 與律師會面的相關資料,是否受「法律專業保密特權」(LPP)保障。終院裁定,在《法援規例》下,律師和大律師有責任向署方舉報,獲委派代表受助人之前所知悉的涉濫用法援資料,而相關資料不受 LPP 保障。5 名法官一致裁定 MK 一方敗訴。
22 Mar 2024法庭線#3226
元朗7.21|一白衣人認暴動還押 第九人罪成 涉向閘內挑釁、用藤條襲擊
In the Yuen Long 7.21 attack case, four more white-clad men were charged with rioting and other offences four years later. One of them, Tang Siu-hung, pleaded guilty at the District Court on Friday (22nd) and was remanded until 18 April for sentencing. He was the ninth white-clad man to be convicted and was reported to have no triad background.
The case stated that Tang pointed from outside the gate at the black-clad people inside and repeatedly shouted “Come over here” to taunt them. On two other occasions, he waved beside the turnstile to signal other white-clad men to enter. He cursed and shouted “I’ll hit you”, threatening to attack those inside the gate; he also assaulted people inside and used a rattan cane to attack people outside.
In mitigation, the defence said Tang had seen a female passer-by lying on the ground and had gone over to “show concern to some people”. It said he was now living in faith and understood that he had used the wrong way to express his demands. The defence also referred to Tang being assaulted in prison, having his belongings taken, and family photographs torn up. The judge asked whether there was any case supporting these matters as mitigation; the defence said there was not, describing them only as grounds for mitigation taken as a whole.
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,其中一人周五(22 日)在區院認罪,還押至 4 月 18 日判刑。他是第九名白衣人罪成,報稱無三合會背景。
案情指 ,被告鄧兆雄在閘外指向閘內黑衣人,多次大聲叫喊 「過嚟吖」作挑釁;另兩度在閘機旁招手,示意其他白衣人入閘。他曾指罵、叫喊「打你呀」,威嚇攻擊閘內的人,並曾在閘內襲擊,在閘外則用藤條襲擊。
辯方求情指,被告曾看到女途人倒地,都有上前「對一啲人展出關心」,稱他現時活在信仰中,已知用錯方法表達訴求。辯方求情提及鄧於獄中被打、搶走用品及撕掉家人相片,官關注有沒有案例支可構成求情,辯方指沒有,稱僅為整體的求情理由。
22 Mar 2024法庭線#3230
鄒家成被指透過律師寄投訴信 兩人否認將未經授權物品攜離監獄 排期6.27開審
The Police National Security Department earlier arrested Chow Ka-shing, who was remanded in custody in connection with the “primary election case”, and two lawyers, alleging that they took an unauthorised document out of prison in May last year. Chow and one of the lawyers were charged with one count of taking an unauthorised item out of prison. They appeared at the West Kowloon Magistrates’ Courts on Friday (22nd). Chow and the lawyer pleaded not guilty and will stand trial. The prosecution said it would call eight witnesses, mainly in relation to conversations between Correctional Services Department officers and the defendants, as well as explanations given to them regarding prison rules.
Principal Magistrate So Man-lung scheduled the trial to begin on 27 June, with three days set aside for the hearing. Chow will remain in custody, while the lawyer was allowed to remain on bail under the existing conditions.
警方國安處早前拘捕正因「民主派初選案」被還押的鄒家成,以及兩名律師,指他們於去年 5 月將一份未經授權的文件攜離監獄。鄒與其中一名律師,被落案起訴一項「將未經授權的物品攜離監獄」罪,周五(22 日)在西九龍裁判法院提堂。
鄒家成與律師不認罪受審,控方表示將傳召 8 名證人,主要有關懲教職員與被告的對話及解釋規矩。主任裁判官蘇文隆將案件排期 6 月 27 日開審,預留 3 天審期。鄒繼續還押,律師則准以原有條件保釋。
22 Mar 2024法庭線#3233
油麻地掟汽油彈等罪成 20歲女上訴得直 上訴庭:原審介入提問 對辯方失最後發言權視若無睹
Six men and women were accused of throwing petrol bombs in Yau Ma Tei in February 2020 and concealing petrol bombs and other items in a hotel. The only female defendant who pleaded not guilty was convicted after trial of two offences, including arson, and sentenced to 34 months’ imprisonment. She appealed against her convictions. On Friday (22nd), the Court of Appeal allowed the appeal and quashed the convictions and sentence, but ordered that she remain in custody pending further submissions from both sides on whether the case should be retried.
The Court of Appeal criticised trial judge Lin Kam-hung for sentencing the defendants who had pleaded guilty before the trial began. After discovering that the agreed statement of facts mentioned the name of the defendant who had pleaded not guilty, he did not require the prosecution to amend it, contrary to case law. The judgment also said that the trial judge repeatedly intervened while witnesses were giving evidence and disregarded the defence’s loss of its final right to make closing submissions. It was difficult to avoid suspecting that the judge had already considered the evidence conclusive and regarded the not-guilty defendant’s decision to stand trial as a waste of time, “so there was fundamentally no need to consider her perception of the trial process as a whole or to seriously examine her grounds of defence.”
6 名男女被指 2020 年 2 月在油麻地掟汽油彈、酒店藏汽油彈等物品。案中唯一不認罪的女被告,經審訊後被裁定縱火等兩罪罪成,判囚 34 月。她不服定罪上訴,上訴庭周五(22 日)判她上訴得直,撤銷定罪及判刑,但須繼續還押,待雙方就案件應否重審再陳詞。
上訴庭斥原審法官練錦鴻,在開審前處理認罪被告判刑,發現同意案情提及不認罪被告的姓名,卻沒要求控方修改,有違法庭判例。判詞又指,原審多次介入證人作供,並對辯方失結案的最後發言權視若無睹,很難不懷疑法官早已認為證據確鑿,不認罪受審是浪費時間,「所以根本無需顧及她對整個庭審程序的觀感和無需認真審視她的辯護理由」。
21 Mar 2024獨媒#3222
6.12金鐘 曾獲警撤保釋赴台就學、返港後再被捕 28歲設計師認暴動判囚26個月
On June 12, 2019, protesters surrounded the Legislative Council to prevent the second reading of the Fugitive Offenders Ordinance amendment bill, triggering clashes between police and protesters. Nearly four years later, a 28-year-old interior designer was charged with one count of rioting and pleaded guilty at the District Court today (21st). The facts of the case state that the defendant was holding a mobile phone facing the police and, when police advanced, remained where he was and pushed against front-line officers before being subdued and arrested. After viewing footage, the judge, Clement Lee, described the pushing as relatively passive, a characterization agreed by both the prosecution and defence. In mitigation, the defence said the police had proactively withdrawn their bail requirement to allow the defendant to study in Taiwan. However, after completing his studies and returning to Hong Kong, he was arrested and charged again last year, leaving him in a situation where his “hopes were shattered” and suffering a severe blow.
2019年6月12日,示威者包圍立法會圖阻止通過《逃犯條例》修訂草案二讀,爆發警民衝突。28歲室內設計師事隔近4年遭控一項暴動罪,今(21日)於區域法院認罪。案情指被告當時手持電話向着警方,至警方推進時仍站在原地推撞前排警員,終被制服拘捕,法官李慶年觀看片段後形容該「推撞」較被動,控辯雙方同意。辯方求情指,被告曾獲警方主動撤回保釋要求,以赴台灣讀書,惟學成返港後於去年再被捕起訴,蒙受「希望粉碎」的情況,打擊很大。
20 Mar 2024獨媒#3214
內地跨性別平權人士在港被捕及判囚 關注組:已被入境處遣返
Mainland transgender rights activist Lai Ho (Yap Yin) was arrested last year while transiting in Hong Kong to Canada and sentenced to 15 months in prison for three immigration offences. Lai Ho was originally due to be released on 2 March, but family members were informed last month that Lai Ho would be transferred to Castle Peak Bay Immigration Centre for indefinite detention. The Lai Ho (Yap Yin) Global Concern Group told inmediahk.net today that Lai Ho was released from Siu Lam Psychiatric Centre on the morning of 2 March but was immediately deported by the Immigration Department.
內地跨性別平權倡議人士賴可,去年在港轉機到加拿大期間被捕,因三項出入境罪被判監15個月。賴可原本可在3月2日獲釋,惟其家人上月被通知賴可將於當日轉到青山灣入境事務中心無限期關押。「賴可(翕然)全球關注組」今日向《獨媒》表示,賴可已在3月2日早上在小欖精神病治療中心獲釋後,但即時被入境處遣返。
20 Mar 2024獨媒#3217
10.1灣仔暴動 10人判囚2年8個月至4年 1人認管六角匙判社服令
On October 1, 2019, large numbers of protesters gathered in Wan Chai, where roads were blocked and fires were set at multiple locations. Eleven people were charged two and a half years later with rioting and offences including possessing articles with intent to destroy property. Seven pleaded guilty, while four were convicted after trial. They were sentenced at the District Court today (20th). Judge Yiu Foon-chi said the riot was large in scale and highly violent. At its peak, more than 1,000 people gathered in Admiralty and Wan Chai, throwing petrol bombs, setting fires, and confronting police behind umbrella formations. However, taking into account that none of the defendants had led the crowd or actively caused damage, and that they had been significantly affected and taught a lesson during the more than four years since their arrests, he sentenced the four who had pleaded not guilty to four years in prison and the six who had pleaded guilty to two years and eight months. The defendant who admitted possessing a hex key was sentenced to 160 hours of community service. One defendant received a mitigation letter from a university assistant professor, who said that as a teacher he would continue to accompany and guide the defendant. Another defendant was suddenly re-arrested two days after getting married; the defence said the two-and-a-half-year delay in prosecution had severely affected the defendant’s rehabilitation and employment. After the hearing, the defendants and members of the public waved to one another. Relatives and friends called out, “Take care of yourself!” and “Hang in there!”, while some embraced and wiped away tears.
2019年10月1日,大批示威者於灣仔一帶聚集,多處有堵路及縱火,11人事隔2年半遭控暴動及管有物品意圖摧毀財產等罪,其中7人認罪,4人經審訊後裁定罪成,今(20日)於區域法院判刑。法官姚勳智指,本案暴動規模大、暴力程度高,高峰時逾千人於金鐘灣仔一帶聚集,投擲汽油彈、縱火和設置傘陣與警方對峙,但考慮各被告非帶領或主動破壞,被捕至今逾4年已受重大影響和教訓,故判不認罪4人囚4年,認罪6人判囚2年8個月,承認管有六角匙的被告則判處160小時社會服務令。其中有被告獲大學助理教授撰寫求情信,指作為老師會持續同行和指導;有被告則於結婚兩天後突然重新被捕,辯方求情指延誤兩年半檢控,對被告更生和工作造成極大打擊。散庭時,被告與旁聽人士互相揮手,有親友說:「照顧自己呀!」、「頂住呀!」,亦有親友相擁拭淚。
Translations are supplied by the source workbook. Consult the original reporting for context.