14 Nov 2023法庭線#8644
7.21非白衣人案｜快速應變部隊指揮官：無印象警員曾匯報 站內多人叫囂喊打
Under questioning by the defence, Lee said he was instructed at about 11 p.m. that night to go to the station to provide assistance, but did not remember the actual content of the instruction. He led his team to arrive at about 11:15 p.m. The defence noted that MTR had made two calls for police assistance that night, reporting fights, and that a uniformed officer who had attended the scene had reported observing about 100 white-shirted people shouting and calling for violence. Lee said he had no recollection of these matters.
The defence played CCTV footage which it said showed that, before the police reached the concourse via the escalator at Exit G, white-shirted people left via the adjacent escalator but subsequently turned back. Lee identified himself as the white-shirted officer leading the group up the escalator, but said he had not noticed anyone nearby at the time, nor noticed that they were carrying sticks and wearing gloves. “When I was running, I was looking at the steps because I was afraid of falling, so I couldn’t see what was beside me.”
Lee subsequently agreed that, when he was instructed to go to the scene, he already knew that many white-shirted people had gathered, and therefore more than 20 officers had to be deployed. He also agreed that they might have engaged in violent acts. The defence further said that, as Lee went up the escalator, he was holding his police baton against his shoulder, indicating that he believed they needed to remain on guard; Lee agreed. The case continues on Wednesday.
辯方盤問下，李稱當晚約 11 時接指示到站協助，但稱不記得指示的實際內容，而他帶隊約 11 時 15 分到場。辯方問及港鐵當晚曾作出兩個報警求助，指有人打鬥，而有曾到場的軍裝警匯報亦提及觀察到約 100 名白衫人士叫囂、喊打；李均稱無印象。
辯方播閉路電視片段，指顯示警沿 G 出口扶手電梯到達大堂前，有白衫人從旁邊的扶手電梯離開，但其後調頭。李認出自己是帶頭走上電梯的白衫警，但指當時沒留意到旁邊有人，亦無留意他們持棍、戴手套，「我跑嗰時望住啲梯級驚跌親，所以側邊啲嘢我睇唔到。」
李其後同意，獲指示到場時，已知悉有不少白衣人聚集，故需派出 20 名以上的警員，又同意他們有可能有暴力行為。辯方又指，李走上扶手電梯時手持警棍放膊頭，顯示他認為要有戒備狀態；李同意。案件周三續。
14 Nov 2023法庭線#8646
遺產條例排除同志配偶被裁違憲 政府申上訴至終院
Three years ago, gay man Wu Hon-lam died by suicide after suffering from depression. Before his death, he was concerned that if he died suddenly without making a will, his husband would be unable to inherit his property under the Intestates’ Estates Ordinance. He earlier filed a judicial review and won. The government appealed, but its appeal was dismissed by the Court of Appeal at the end of last month. On Tuesday (14th), the government applied to the Court of Appeal for leave to appeal the judgment to the Court of Final Appeal.
Yik Ho Li, who took over the legal proceedings from his late husband, issued a statement through his lawyer after the ruling last month, saying: “My husband’s death left me devastated, yet the government has repeatedly denied our marital relationship in court and treated the two of us as strangers. For a family member who is still mourning, this is like rubbing salt into the wound.” He said Wu Hon-lam had initially brought the judicial review to protect him, so that he would not be left without a home if he lost his closest family member. For him now, “what is more important is to reclaim the basic respect that should exist between people” for his husband. He hoped the government would respect the court’s ruling and restore the dignity his late husband deserved.
3 年前受抑鬱困擾自殺離世的男同志吳翰林，生前因擔心在無立遺囑下突然離世，丈夫便無法按《無遺囑者遺產條例》繼承其財產，早前提出司法覆核獲判勝訴，政府不服提出上訴，上月底被上訴庭駁回。政府不服上訴庭判決，周二（14 日）向上訴庭申請許可，上訴至終審法院。
接替亡夫繼續法律程序的李亦豪，上月底在裁決後透過律師發聲明指，「丈夫的離世讓我悲痛不已，政府卻在法院一而再、 再而三否定我們的婚姻關係、視我倆的關係為陌路人。對於仍在哀悼的家屬來說，這如同在傷口上灑鹽。」他提到，當初吳翰林是為了保護他而提出覆核，免得他一旦失去至親，要流離失所。如今對他來說，「更重要的是為丈夫拾回一份人與人之間應有的基本尊重」，盼政府尊重法庭裁決，還亡夫應有尊嚴。
13 Nov 2023法庭線#8640
美國參眾5議員提制裁港法官等 律師蕭思江入稟高院 指涉妨礙司法公正
Five US senators and representatives proposed the Hong Kong Sanctions Act early this month and initiated the legislative process. The bill names 49 people, including judges designated under the National Security Law and Department of Justice prosecutors, and asks the US president to determine whether they should be placed on a sanctions list. Lawyer Siu Sze-kong, who previously acted as chairman of the Hong Kong People's Human Rights and Livelihood Party, filed an application with the High Court last Friday (10th) in the name of a company, seeking an order that the five US lawmakers had obstructed the course of justice and were in contempt of court. He also argued that not only the police, but “everyone”, could arrest the five in Hong Kong.
According to records, Siu has previously filed several cases concerning political figures and events. In 2016, he sought an order requiring the Director of Immigration to declare Benny Tai’s HKSAR passport invalid and prohibit him from further spreading statements supporting Taiwan independence. In 2017, he applied for a judicial review, arguing that the Equal Opportunities Commission had the duty and power to follow up on Youngspiration’s Yau Wai-ching reading “支那” when taking her oath as a Legislative Council member. In 2021, he filed a case arguing that Hong Kong could hear the case involving Chan Tong-kai’s alleged murder of his girlfriend.
美國 5 名參、眾議員本月初提出《香港制裁法》，並啟動立法程序，點名 49 人，包括《國安法》指定法官、律政司檢控官等，要求美國總統判斷，是否列入制裁名單。曾以「港人民權民生黨」主席身分活動的律師蕭思江，上周五（10 日）以公司名義向高等法院入稟，要求法庭頒令該 5 名美國議員涉妨礙司法公正和藐視法庭，並提出不止警察，「所有人」都可以在港拘捕該 5 人。
翻查資料，蕭思江過往曾多次就政治人物及事件入稟，其中在 2016 年，曾入稟要求入境處長宣告戴耀廷特區護照失效、禁止其再散播「台獨」言論；2017 年曾提出司法覆核，指平機會有責任和權力跟進「青年新政」游蕙禎在立法會議員宣誓時讀成「支那」一事；2021 年則入稟稱，香港可審理陳同佳涉謀殺女友案。
13 Nov 2023法庭線#8641
7.21非白衣人案｜元朗站主任：曾向車站警務室求助 軍裝警着「照程序做」求助
Senior station management officer E, who was granted anonymity, testified that at 10:43 p.m. that night, he saw from the control room’s CCTV that more than 10 people were arguing near Exit F. As he “felt it was more serious”, he called the police room at the station for help. A uniformed police officer subsequently went to the station control room and told him to “follow procedure”, after which he notified the MTR Operations Control Centre and requested that the police be called.
E confirmed that two plainclothes police officers had been monitoring the CCTV in the control room since the afternoon. As he did not know their mission, he said he “would not disturb them”. During cross-examination, the defence asked whether the plainclothes officers had reacted when the dispute occurred. E said, “Not according to my recollection.” E also said that from 10:56 p.m. that night, he was busy answering calls in the control room, so he was unaware of the situation in the station and did not notice the plainclothes officers. The case will continue on Tuesday.
獲准匿名的高級車站管理主任 E 供稱，當晚 10 時 43 分，從控制室的閉路電視看到 F 出口附近約有 10 多人爭執，因「覺得比較嚴重」，遂致電站內警務室求助，一名軍裝警員其後到車站控制室，著他「照程序做」，他遂通知港鐵車務控制中心，要求報警。
E 確認，由下午開始控制室內有兩名便衣警監察閉路電視，由於他不知兩人的任務，故「唔會騷擾」。辯方盤問時問，當爭執事件發生，便衣警有否反應？E 指，「我記憶中就無」。E 又指，當晚 10 時 56 分起開始在控制室忙於接聽電話，故不清楚站內情況，亦無留意便衣警。案件周二續。
9 Nov 2023法庭線#8621
2021六四｜「姜牧師」等4人違限聚罪名不成立 律政司提覆核
On June 4, 2021, police for the second time refused to approve the Alliance’s memorial vigil, citing the pandemic, and cordoned off Victoria Park. Keung Ka Wai Keung Ka Wai, described as the founder of online media outlet “Free HK Media”, and three other online media reporters were accused of breaching the gathering restrictions outside Victoria Park in the early hours of the following day. After trial in October this year, they were found not guilty. The Department of Justice confirmed to The Witness on Wednesday (the 8th) that it had applied to the court to review the verdict; no hearing date has yet been set.
In addition, on October 31, Keung Ka Wai uploaded a photograph of an airport to a personal Facebook account, writing: “Take care, everyone! After parting today, who knows when we will meet again,” and “See you in the future.” He later confirmed in a media interview that he had left Hong Kong and disclosed that he was in Taiwan.
2021 年六四，警方第二度以疫情為由，拒批支聯會舉辦悼念晚會並封鎖維園。報稱網媒「Free HK Media」創辦人的「姜牧師」姜嘉偉等 4 名網媒記者，被指翌日凌晨於維園外違反「限聚令」，今年 10 月經審訊後被裁定罪名不成立。律政司周三（8 日）向《法庭線》確認，已向法庭申請覆核裁決，暫未有聆訊日子。
另外，姜嘉偉在 10 月 31 日，於個人 Facebook 帳戶上載機場照片，稱「各位珍重！今日一別未知幾時會再見」、「未來見」。他其後接受傳媒訪問確認已離港，並透露身在台灣。
6 Nov 2023法庭線#8611
參選中大校友評議會常委被DQ 兩人提覆核要求撤銷決定
The Standing Committee of the CUHK Alumni Convocation was alleged to have cancelled the candidacies of three CUHK alumni early this year without giving reasons. Two of them filed for judicial review at the High Court last Thursday (the 2nd), asking the court to overturn the Standing Committee’s decision and declare it unlawful and procedurally improper.
The writ revealed that the Standing Committee had met to discuss the two candidates’ eligibility. After learning from news reports and other sources that they respectively had criminal records in anti-extradition bill cases and had previously been accused of making statements advocating secession, it ultimately made the “DQ” decision without giving them an opportunity to explain. The writ said that, if given the opportunity to respond, they would state that they regretted the cases, loved Hong Kong, would not use violence again to express their personal views, and had no intention of advocating secession.
中大校友評議會常委會，今年初被指在沒有提供理由下，取消 3 名中大校友的參選資格。其中兩人上周四（2 日）入稟高等法院提出司法覆核，要求法庭推翻常委會決定，及宣告該決定不合法及程序不當。
入稟狀透露，常委會曾開會討論兩人的參選資格，從新聞報道等得悉他們分別有反修例案底及曾被指發表分裂國家言論，最終沒給予機會二人解釋便作出「DQ」決定。入稟狀指，若他們有機會回應，會表明對案件有悔意，自己深愛香港，不會再採用暴力手段表達個人意見，亦會強調自己無意提倡分裂國家。
6 Nov 2023法庭線#8613
區選新制須取「三會」提名 郭卓堅質疑違《基本法》提司法覆核
The reformed District Council election will be held on December 10. Candidates must obtain sufficient nominations from "the three committees", namely the District, Fire Safety and Fight Crime Committees, to qualify to stand for election. Kwok Cheuk-kin, known as the “Cheung Chau judicial review king”, filed a judicial review application in the High Court on Monday (6th), challenging the policy as contravening the Basic Law and asking the court to order the requirement to be scrapped.
改制後的區議會選舉將於 12 月 10 日舉行，參選人須於「三會」，即分區、防火和撲滅罪行委員會中獲足夠提名才可入閘參選。「長洲覆核王」郭卓堅周一（6 日）入稟高等法院提出司法覆核，質疑政策違反《基本法》，要求法庭頒令取消是次規定。
4 Nov 2023獨媒#8606
投訴警察被列「求警協助」 市民司法覆核勝訴 處理投訴捷徑被裁定非法
A citizen who made a living investing in stocks suspected in March the year before last that his computer had been hacked, resulting in the loss of trading data. One week after reporting the matter to police, he learned that the investigation had been concluded, with no one arrested. Dissatisfied with the way police handled the case, and concerned that investigators might have taken the data to buy stocks, he decided to lodge a complaint with the Complaints Against Police Office and hoped the investigation would be reopened. However, more than six months passed without the case being classified as a “reportable complaint”. The citizen earlier filed for a judicial review in the High Court. In a judgment handed down yesterday, Justice Anderson Chow ruled in his favour and said the Commissioner of Police and the Complaints Against Police Office had failed in their duties. The most influential aspect of the judgment was the judge’s ruling that the police force’s “Expression of Dissatisfaction Mechanism”, introduced in 2015, was unlawful. The Complaints Against Police Office website indicates that information about the mechanism has been removed.
一名投資股票維生的市民，前年3月懷疑電腦被入侵，損失交易資料，他報警一周後得悉案件已結束調查，結論無人被捕。他不滿警方處理案件手法，更擔心探員擅取資料買股票，決定向投訴警察課作出投訴，並希望重啟調查，但個案被拖延逾半年仍未被歸類為「須匯報投訴」。該市民早前入稟高院提出司法覆核，法官高浩文昨日頒下判詞，裁定市民勝訴，並指警務處處長及投訴警察課失職。判詞最具影響力之處，是法官將警隊自2015年實施的「表達不滿機制」裁定為不合法。警隊投訴警察課網頁顯示，該機制的資料已被刪去。
3 Nov 2023法庭線#8596
7.21非白衣人案｜元朗站經理供稱 當日安排兩警5時起駐站監察 警兩天前提出
The Yuen Long Station manager testified that police had requested, on 19 July—two days before the incident—that two plain-clothes officers be stationed at the station to monitor it from 5pm on 21 July. He also saw two plain-clothes officers from Tin Shui Wai Police Station in the control room that evening. Asked by the defence whether officers could clearly see what was happening inside the station via closed-circuit television, he said he "could not answer for them", but confirmed that the CCTV system could monitor the situation.
The Independent Police Complaints Council report stated that police had set up "police observation posts" at four MTR stations, including Yuen Long, that day, observing from the railway operations control rooms and reporting any abnormal situations directly to the Yuen Long District Operations Room.
A station management officer also testified that he did not know the purpose of the police room at the station, but said he "saw police from time to time". He agreed that he arrived late for work that evening because of traffic problems, and saw dozens of people in white shirts walking down from the platform to the concourse. There were broken umbrellas, plastic bags and clothing on the platform floor at the time, but he did not see any dispute or fighting. The case was adjourned for one week and will resume on 13 November.
元朗站經理供稱，警方於事發兩日前，即 7 月 19 日，要求安排兩名便衣警於 7 月 21 日下午 5 時開始駐站監察。他當晚在控制室亦看到兩名天水圍警署便衣警。辯方問，警員可否透過閉路電視清楚看到站內發生的事？他稱「代唔到佢哋答」，但確認閉路電視可監察情況。
翻查監警會報告，警方當日於元朗等 4 個港鐵站設立「警方觀察哨站」，指「在西鐵站內的車務控制室觀察 ，並直接向元朗警區行動室匯報任何異常情況。」
另車站管理主任供稱，他不知道站內警務室有何作用，但指「久唔久見到有警察」。他又同意，當晚因交通問題而遲到上班，看到數十名穿白衣人士由月台向下行往大堂，當時月台地上留有爛傘、膠袋及衣服，但看不到爭執或打鬥。案件將押後一周，至 11 月 13 日續。
2 Nov 2023獨媒#8594
【元朗7.21】控方將林卓廷助手冼卓嵐從證人列表剔除 辯方申請傳召官拒批
The trial of former Democratic Party Legislative Council member Lam Cheuk-ting and six other men, who were charged with rioting over the July 21, 2019 Yuen Long incident, entered its 13th day today (the 2nd). Lam was attacked by men in white and was thanked by police for reporting the incident. The prosecution had originally listed Lam’s assistant Cheuk Nam Sin as a prosecution witness. He filmed a livestream for Lam at Yuen Long Station that night, but the prosecution removed him from the witness list one week before the trial began. The defence applied last week to call Sin as a prosecution witness and cross-examine him. Judge Chan Kwong-chi rejected the application today, saying that, having considered Sin’s role, his relationship with Lam, and the fact that Sin and Lam entered Yuen Long Station together that night for the same purpose, not calling him would not be unfair to the defendants.
2019年7.21元朗事件中，遭白衣人施襲、獲警方致謝舉報的民主黨前立法會議員林卓廷，與6男被控暴動罪，案件今（2日）踏入審訊第13日。控方原本將林卓廷助手冼卓嵐列為控方證人，他當晚在元朗站為林卓廷拍攝直播，但控方在開審前一周卻把他從證人列表剔除。辯方上周申請傳召冼作控方證人並接受盤問。法官陳廣池今拒絕辯方申請，指考慮到冼的角色、與林卓廷的關係，以及當晚冼與林卓廷一同進入元朗站，兩人目的一致，認為不傳召並不會對各被告不公。
Translations are supplied by the source workbook. Consult the original reporting for context.
