22 Dec 2023法庭線#2715
律政司上訴《願榮光》禁令案 上訴庭批准律政司提出額外上訴理據
In the Department of Justice’s application for an injunction against the song “Glory to Hong Kong”, the application for an interim injunction was previously refused. The Department of Justice appealed against the decision and sought to reargue the rejected grounds. The matters were heard together in the High Court’s Court of Appeal on Tuesday (19th), and the case was adjourned to 24 February next year for continuation, pending the Department of Justice’s submission of revised terms of the injunction to the court.
The Government uploaded the Court of Appeal’s order to its website on Friday (22nd). It stated that the Court of Appeal had allowed the Department of Justice to advance additional grounds of appeal, including that the lower court had erred in finding that the injunction might cause a “chilling effect”, and that it had failed to sufficiently consider the preventive function of an injunction, which would allow law-enforcement agencies to focus resources on investigating “entrenched offenders”, among other grounds. In other words, the grounds of appeal that the judge of the Court of First Instance Anthony Kin Keung Chan had previously refused to accept have now been accepted by the Court of Appeal.
律政司就歌曲《願榮光歸香港》申請禁制令一案，早前被拒批臨時禁制令，律政司不服提上訴，並擬重新爭拗被拒絕的理據，周二（19 日）一併在高院上訴庭審理，案件押至明年 2 月 24 日續審，候律政司一方向法庭提交修訂的禁制令內容。
政府周五（22 日）將上訴庭命令上載網站，指上訴庭已批准律政司提出額外上訴理據，包括原審錯誤裁定「禁令或引發寒蟬效應」、原審未有充分考慮禁制令的預防功能，令執法部門可集中資源偵查「根深蒂固的違法者」等。換言之，原訟庭法官陳健強早前拒絕接納的上訴理據，現獲上訴庭接納。
21 Dec 2023法庭線#2710
鄧燕梨認妨礙司法公正囚6月 官：沒證據顯示曾干擾證物 肯定屬一次性犯案
Elizabeth Yin Ngor Tang, the wife of former Hong Kong Confederation of Trade Unions secretary-general Lee Cheuk-yan, was arrested by the Police National Security Department in March this year for the offence of “colluding with a foreign country or with external forces to endanger national security” and was later granted bail. Her younger sister, former executive director of the Hong Kong Confederation of Trade Unions Training Centre Marilyn Yin Lee Tang, was accused of taking away evidence related to the case. She earlier pleaded guilty to obstructing justice and was sentenced at West Kowloon Magistrates’ Courts on Thursday (21st). Magistrate Tsang Hing-tung said there was no evidence that Tang had accessed, interfered with or damaged the relevant evidence after obtaining her sister’s mobile phone and computer. Nor was any incriminating material found on the devices, and her actions had no impact on the charge faced by her sister.
The magistrate also took into account Tang’s past active involvement in community work, her good character and the fact that she was a first-time offender. He was satisfied that the offence was an isolated incident and that the likelihood of reoffending was low. After considering the mitigation put forward by the defence, the magistrate adopted nine months’ imprisonment as the starting point. Following a reduction for her guilty plea, Tang was sentenced to six months in prison.
After hearing the sentence, Tang smiled and nodded towards the public gallery. As the court adjourned, her sister, Elizabeth Tang, called out “Stay strong!” to her, and Tang responded by raising a clenched fist. Speaking to reporters as she left the court, Elizabeth Tang said, “I hope she can hang in there.”
前職工盟秘書長李卓人的妻子鄧燕娥，今年 3 月被警方國安處以「勾結外國或者境外勢力危害國家安全」罪拘捕，後獲准保釋。其胞妹、前職工盟培訓中心行政總監鄧燕梨被指取走與案相關的證物，她早前承認「妨礙司法公正」罪，周四（21 日）在西九龍裁判法院判刑。
裁判官曾慶東指，沒證據顯示鄧獲取胞姊的電話和電腦後，曾開啟、干擾或破壞有關證物，而當中亦無任何犯罪資料，對胞姊所涉的控罪沒有影響。官考慮鄧過往積極參與社會工作，行為良好和初犯，肯定本案屬一次性犯案，重犯機會低。經考慮辯方求情後，官以 9 個月監禁為量刑起點，鄧認罪獲扣減後，判囚半年。
鄧燕梨聞判後，向旁聽席微笑和點頭。散庭時其胞姊鄧燕娥向她高呼「加油」，鄧燕梨則握拳回應。鄧燕娥步出法院時回應記者提問，稱「希望佢（鄧燕梨）撐住」。
20 Dec 2023獨媒#2698
兩中大校友遭DQ 司法覆核稱欠機會回應負面報導 校友評議會質疑與公眾利益無關
Tse Wai Lok, former president of the Shaw College Students’ Union, and former chairman of the CUHK Students’ Union Representative Council Anthony Suen stood for election to the Alumni Council’s Standing Committee early this year, but were disqualified by the Standing Committee. The two asked its chairman Kelvin Yu Ming Yeung to explain the reasons but received no response. They applied for judicial review, asking the court to declare the disqualification decision unconstitutional and procedurally improper, and to quash it. The High Court heard the case today (20th). Barrister Jeffrey Chun Kit Tam, representing the two, said the Standing Committee had not disclosed the news reports and materials concerning them before disqualifying them, so that they could provide full and targeted responses. The CUHK Alumni Council argued that it was merely a sub-body within the university’s governance structure, and that the case could hardly be said to concern a matter of substantial public interest, placing it outside the jurisdiction of judicial review. It further said that the two were not challenging the basis of the disqualification decision, but only the alleged procedural impropriety, and that the court should not quash the decision because the Standing Committee had not given reasons.
前中大逸夫書院學生會會長謝煒洛及前中大學生會代表會主席孫昊賢，今年初參選校友評議會常務委員，惟遭常委會DQ，二人要求主席楊于銘交代理由不果。二人申請司法覆核，要求法庭宣布DQ決定違憲及程序不當，並予以撤銷。高院今（20日）進行聆訊。代表二人的大律師譚俊傑指，常委會DQ之前並未有披露針對二人的新聞報導和材料，以讓二人能作充份及針對性的回應。中大校友評議會一方則指，他們僅屬大學管治架構裡的一個附屬架構（sub-body），事件與實質公眾利益難言有關係，不屬司法覆核管轄範圍；再者二人並非挑戰DQ的決策基礎，只是挑戰程序上不當，法庭不應基於常委會未有交代理由而撤銷該DQ決定。
19 Dec 2023法庭線#2694
《願榮光》禁令案上訴 律政司引創作者受訪提「音樂是凝聚人心最強武器」
The Department of Justice’s application for an injunction against the song “Glory to Hong Kong” was previously refused an interim injunction. The department, dissatisfied with the decision, lodged an appeal and plans to re-argue the grounds for refusal. The matter was heard together by the High Court’s Court of Appeal on Tuesday (19th). The Department of Justice cited an interview with the song’s creator, in which the creator said that “music is the strongest weapon for uniting people”, and argued that the song could be used to overthrow the government.
Chief Justice Andrew Cheung expressed concern that the injunction might affect the rights of some people. The Department of Justice said that, if the court granted the injunction, it agreed to exclude lawful purposes including news reporting and academic research from the prohibited conduct, and that this would not create a chilling effect. It also stressed that a person must have criminal intent to breach the injunction, giving the example that an ordinary person singing “Glory to Hong Kong” while showering would not be committing an offence.
After hearing submissions from both sides, the Court of Appeal adjourned the hearing until 24 February next year. It is awaiting the Department of Justice’s submission of revised terms for the injunction and its inquiries with internet service providers for relevant information.
律政司就歌曲《願榮光歸香港》申請禁制令一案，早前被拒批臨時禁制令，律政司不服提上訴，並擬重新爭拗被拒絕的理據，周二（19 日）一併在高院上訴庭審理。律政司一方引述歌曲創作者受訪，提及「音樂是凝聚人心最強武器」，指可用作推翻政府。
首席法官潘兆初關注，禁令或會影響部分人的權利。律政司一方表示，如法庭批准禁制令，同意將新聞工作、學術研究等合法目的，列入不受限行為，不會造成寒蟬效應。他又強調，違反禁令必須有犯案意圖，舉例指若一般人洗澡時唱《願榮光》並不犯法。
上訴庭聽畢雙方陳詞，押至明年 2 月 24 日再續，候律政司一方向法庭提交修訂的禁制令內容，以及向互聯網服務供應商查詢有關資料。
18 Dec 2023法庭線#2688
古思堯涉置物阻逃生路徑罪成 庭上質疑選擇性檢控 官：佢拎咩案上嚟，我就要審咩
In April 2023, social activist veteran Ko Sze-yiu, now 77, was accused of placing miscellaneous items on the rear staircase of an industrial building in Lai Chi Kok. He was summoned on two charges: failing to comply with the requirements of a Fire Services Department notice to abate fire hazards, and obstructing an escape route. Ko pleaded not guilty, and the trial began at Kowloon City Magistrates’ Courts on Monday (18th).
On the charge of obstructing an escape route, Ko said that some items in the building belonged to the management company and cleaners, and that the Fire Services Department had said they could remain if nobody complained. “Only I am not allowed to put even a toothpick in a public place,” he said, questioning whether he had been selectively prosecuted. Acting Magistrate Yau Kwok-sun said he was “not too concerned” about this, adding that magistrates were “very passive”: “Whatever case they bring before me, I have to hear it.”
In delivering his verdict, the magistrate said Ko’s admissions under caution were clear and that the Fire Services Department witness was honest and reliable. He found Ko guilty and fined him HK$6,000. Ko condemned the Fire Services Department for selective and targeted prosecution, saying he would very likely appeal. He also disclosed that he was filing proceedings to pursue the department over “maladministration”.
2023 年 4 月，現 77 歲的社運老將古思堯被指在荔枝角工廈後樓梯擺放雜物，遭票控沒遵從消防處發出「消除火警危險通知書」的規定、阻塞逃生途徑兩罪，古不認罪，周一（18 日）在九龍城裁判法院開審。
就阻塞逃生途徑罪，古思堯指大廈內有雜物屬於管理公司、清潔工，消防處曾指沒人投訴的話可繼續擺放，「唯獨是我，喺公眾地方放一支牙籤都唔得」，質疑選擇性檢控；暫委裁判官丘國新稱對此「唔太關注」，又形容裁判官「好被動」，「佢拎咩案上嚟，我就要審咩」。
官裁決時指，古於警誡下的招認清晰，消防處證人誠實可靠，裁定罪名成立，罰款 6,000 元。古則提出，譴責消防處選擇性及針對性檢控，指很大可能上訴，另透露正入稟追討消防處的「行政失當」。
14 Dec 2023法庭線#2665
7.21非白衣人案｜林卓廷申撤保釋獲准 獲退兩萬元擔保金 明年3月續審
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted people” were charged with rioting at Yuen Long Station on 21 July 2019. They were ruled last month to have a case to answer, with the defence case adjourned to March 2024. Lam, who had been granted bail, applied to withdraw his bail at the District Court on Thursday (14th). The prosecution did not object, and Judge Chan Kwong-chi approved the application and ordered the return of the HK$20,000 bail money.
Lam was represented by barrister Kwan Chi-hang, who said he had written to the court last week to apply for the bail to be withdrawn. The judge asked why the application had not been made on 23 November 2023, when the case was ruled to have a case to answer, saying, “then there would have been no need to specially convene a hearing now.” Kwan replied that the decision was made only after discussing it with Lam following the ruling that there was a case to answer.
The judge then turned to the prosecution representative, Senior Public Prosecutor Wei Min Cheng of the Department of Justice, saying, “I believe the prosecution has no reason, and also no right, to object.” Cheng agreed. When leaving the courtroom, Lam waved to his legal representatives and said, “Thank you very much.” Lam is also currently remanded in custody in connection with, among other cases, the case involving the 47 people in the pro-democracy primary.
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 日在元朗站暴動案，上月被裁定表證成立，押後 2024 年 3 月展開辯方案情。獲保釋的林周四（14 日）在區院申請撤回保釋，控方不反對，獲法官陳廣池批准，並發還兩萬元擔保金。
林由大律師管致行代表，表示上周去信法庭申請撤銷保釋。法官問，為何不在 2023 年 11 月 23 日表證成立當天提出，「就唔使（而家）特登開庭」。管答，是表證成立之後方與林討論，再有此決定。
官轉問控方代表、律政司高級檢控官程慧明，「相信控方無理由，亦都無權反對啦」。程同意。退庭時，林對其法律代表揮手指「唔該晒」。目前林另亦因民主派初選 47 人等案還押。
13 Dec 2023獨媒#2657
涉圍深水埗警署 男子事隔3年在街上截查才被捕 今認暴動罪囚22個月
On 29 August 2019, members of the public called for “Blossom Everywhere” screening sessions, and a number of people surrounded Sham Shui Po Police Station. Eighteen people have since been charged with rioting. The cases of 17 defendants have concluded: five were acquitted, six were jailed and six were sent to a training centre. The final defendant, a 24-year-old computer technician, was prosecuted more than three years later and pleaded guilty to rioting at the District Court today (13th), receiving a 22-month prison sentence. The prosecution said police tried to arrest the defendant again about six months after he jumped bail, but were unable to locate him until he was stopped and arrested on the street in March this year. The defence argued that there had been a delay in prosecution, but Judge Dominic Wai Kuen Lam disagreed. The defence also said the defendant had remained in Hong Kong and had not left. Judge Lam questioned: “There are several million people in Hong Kong. Do you expect the police to spend all their manpower and resources pursuing this person? If he doesn’t come back, there’s nothing we can do. Are we supposed to detain you?”
2019年8月29日市民號召「遍地開花放映會」，多人包圍深水埗警署，至今18人被控暴動罪。17人的案件已審結，其中5人罪脫，6人判囚，6人入教導所。最後一名被告為24歲電腦技術員，他事隔3年多被起訴，今（13日）在區域法院承認暴動罪，被判囚22個月。控方指被告踢保後約半年警方曾嘗試再拘捕，但一直未能尋獲，直至今年3月警方在街上截查被告時才拘捕。辯方認為屬延誤檢控，但法官林偉權不同意。辯方又指被告一直在港無離開，林官質疑：「香港有幾百萬人，你期望警方花晒人力物力追捕呢個人？佢唔返嚟都冇辦法，唔通扣留你咩？」
13 Dec 2023獨媒#2658
涉向警察遊樂會停車場擲汽油彈 三男縱火罪成 兩人判囚4年、一人判教導所
Three youths were accused of throwing petrol bombs at the car park of the Police Sports and Recreation Club in the early hours of December 2020, damaging a police van. The three denied the arson charge but were convicted after trial and sentenced at the District Court today (13th). Two were jailed for four years, while the defendant who was 16 at the time of the offence was sentenced to a training centre. Judge Yiu Fan-chi said that although the charge in the case concerned property, serving police officers or other people might have been present at the time, and the potential danger could not be overlooked. Fortunately, no one was injured. In mitigation, the defence said the second defendant had once stopped a person carrying a fruit knife from injuring someone in the street, suffering nerve damage to his left hand in the process, which showed that he was kind-hearted.
3名青年被指於2020年12月凌晨，向警察體育遊樂會停車場投擲汽油彈，令一輛警察貨車損毀。3人否認縱火罪受審後罪成，今（13日）在區域法院判刑。其中2人判囚4年，至於案發時16歲的被告則被判教導所。法官姚勳智指，雖然本案控罪針對財物，但案發時可能有當值警員或其他人士出現，其潛在危險不容忽視，可幸是無人受傷。辯方於求情時指，第二被告曾在街上阻止持生果刀人士傷人，導致其左手神經系統受傷，顯示他為人心地善良。
13 Dec 2023獨媒#2659
5人認理大內暴動 包括標槍選手及一對育初生嬰夫婦 判囚35至38月
Five PolyU students and graduates were accused of conspiring to participate in a riot at the Hong Kong Polytechnic University from 11 November 2019, including a youth javelin record holder and a couple who had just had a baby. Police later identified the five through CCTV footage and card-reader records on the PolyU campus, finding that they had changed into black clothing, moved plastic barriers and built roadblocks. The five earlier pleaded guilty to one count of conspiracy to riot and were sentenced at the District Court today (13th). Acting Judge Colin Sze Cheung Wong said the riot had caused serious disruption to the public, preventing staff and students from using the campus, while the protesters had ignored the public interest and affected community relations. Although the period covered by the charge ended on 14 November, the judge said that more serious rioting afterwards could not have occurred if the protesters had not deliberately occupied PolyU. Taking into account the defendants’ conduct, guilty pleas and ages, Judge Wong sentenced the five to between 35 and 38 months’ imprisonment.
5名理大生及畢業生被指於2019年11月11月起，串謀在理工大學參與暴動，包括一名標槍青年紀錄保持者及一對剛誕下嬰兒的夫婦。警方事後根據理大校園內閉路電視片段及讀卡器記錄，發現5人曾換上黑衣、搬動膠欄及築路障等。5人早前承認一項「串謀暴動」罪，今（13日）於區域法院判刑。暫委法官黃士翔指本案暴動對公眾造成嚴重滋擾，使師生無法使用校園，示威者亦無視公眾利益，影響社群關係。雖然控罪時間直至11月14日終止，但是若非示威者有計劃地佔據理大，往後更嚴重的暴動也不可能發生。考慮各被告行為、認罪及年紀等因素，黃官判5人監禁35至38個月不等。
13 Dec 2023獨媒#2660
願榮光禁制令案 鄒幸彤不被法庭視為訴訟方 申上訴遭拒
The Department of Justice applied to the court for an injunction to prohibit the dissemination of the anti-extradition bill song “Glory to Hong Kong”, but the application was refused. The Department of Justice appealed, and the case will be heard on 19 December. Chow Hang-tung, the former vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China who is being remanded in custody, was refused permission to join the appeal proceedings and applied for leave to appeal the court’s decision. Judge Anthony Kin Keung Chan issued a written decision today (13th), ruling that Chow did not fit the description of a “defendant” in the Department of Justice’s court filing. She had also declined to make a joinder application to become an “intervener”, and therefore could not be regarded as a “party to the proceedings”; there was consequently no issue of her right to make submissions having been deprived. Judge Chan refused to grant leave to appeal and ordered Chow to pay the costs.
律政司向法庭申請禁制令要求禁傳播反修例歌曲《願榮光歸香港》遭拒，律政司提出上訴，案件將於12月19日聆訊。正在還柙的前支聯會副主席鄒幸彤欲加入上訴程序遭拒，她針對法庭決定申請上訴許可。法官陳健強今（13日）頒下書面決定，指鄒並不符合律政司入稟狀對「被告」的描述，她亦拒絕提出加入訴訟的申請（make a joinder application），成為「加入訴訟人士」（intervener），因此不能被視為「訴訟方」，並不存在她陳詞權利被剝奪的問題。陳官拒絕批出上訴許可，並下令鄒支付訟費。
Translations are supplied by the source workbook. Consult the original reporting for context.
