31 Oct 2023法庭線#8570
《願榮光》禁令案｜鄒幸彤申參與上訴被拒 官：非稱為公眾利益發聲 就自動成訴訟方
In the Department of Justice’s application for an injunction against “Glory to Hong Kong”, Chow Hang-tung, who is currently remanded in custody in connection with the Hong Kong Alliance case, earlier indicated that she intended to put forward a defence and participate in the Department of Justice’s appeal. High Court judge Anthony Kin Keung Chan handed down reasons for judgment on Tuesday (the 31st), stating that Chow had confirmed she was not a defendant and had not engaged in any of the four types of prohibited conduct covered by the case.
The judge also said that even though the case involved the public interest, this did not mean that anyone who claimed to speak out on behalf of the public interest would automatically become a party to the proceedings. He considered that people such as Chow Hang-tung, who had not engaged in any of the four types of prohibited conduct, could join the proceedings in a capacity such as an “intervener”. He ultimately dismissed her application and ordered her to pay the costs.
律政司就《願榮光歸香港》申請禁制令案，因支聯會案正還押的鄒幸彤，早前表明有意提出抗辯，及參與律政司上訴案。高院法官陳健強周二（31 日）頒判詞指，鄒幸彤確認自己不是被告，亦無從事涉案 4 種禁制行為。
他又指，即使本案涉及公眾利益，不代表任何人可以聲稱代表公眾利益發聲，就自動成為案件的訴訟一方。而他認為，如鄒幸彤般沒有從事 4 種禁制行為的人，可以「介入者」等身分加入訴訟，終駁回其申請，下令支付訟費。
31 Oct 2023法庭線#8571
男子「起底」西灣河開槍警罪成 判囚2月2周 官：使事主擔心欺凌重複
On 11 November 2019, a traffic police officer fired a live round in Sai Wan Ho at a student referred to as “Patrick Chow Pak-kwan”, Patrick Chow Pak-kwan. The 49-year-old engineering manager was subsequently accused of posting photographs of the officer who fired the shot and his daughter on Twitter in 2022. He denied two doxxing charges at trial but was convicted at Eastern Magistrates’ Court on Tuesday (31st) and sentenced to two months and two weeks’ imprisonment.
Magistrate Shih Tsu-yiu said the defendant had posted photographs of the officer and his daughter bearing the words “Our dad is a murderer”, and had tagged the officer’s full Chinese name and phrases including “shoots people to death” in the post. This clearly sought to express that the officer had shot an unarmed member of the public and was a “murderer”. However, Shih said the member of the public concerned was still alive and had also been convicted of several criminal offences, so the assertion that the officer was a “murderer” could not be true.
The magistrate also said the officer had attracted widespread attention because of the incident and was already under considerable pressure and subject to extensive harassment. The defendant’s conduct prolonged the harassment, causing the victim to fear that it would recur, that he would be recognised when going out, and for his family’s safety. The legislation concerning doxxing came into effect in October 2021, and the defendant committed the offences one year after it took effect, so this could not be attributed to unfamiliarity with the law. In addition, the High Court had already issued an injunction against doxxing; committing the offences in those circumstances made the defendant’s culpability more serious.
2019 年 11 月 11 日，一名交通警在西灣河以實彈射擊被稱為「熊仔餅」的學生周柏均，49 歲工程經理其後被指於 2022 年，在 Twitter 發布開槍警及其女兒的照片。他否認兩項「起底」罪受審，周二（31 日）在東區裁判法院被裁定罪名成立，判監 2 月 2 星期。
裁判官施祖堯指，被告發布寫有「我地老豆係殺人犯」、開槍警及其女兒的照片，又在帖文標籤開槍警中文全名、「槍殺人」等，明顯想表達警員槍殺手無寸鐵的市民、是「殺人犯」。不過，施祖堯指相關市民仍生存，亦已就數項刑事罪行被定罪，「指稱開槍警是『殺人犯』，不可能屬實」。
裁判官又指，開槍警因事件受到廣泛關注，他所面對的壓力已夠大，原已受到大量滋擾，被告行為延續滋擾，使事主要擔心欺凌重複、外出時被人認出及家人安全。而「起底」相關條例於 2021 年 10 月生效，被告在條例生效一年後犯案，不能歸咎於不熟悉法例，加上高等法院早已頒布「起底」禁制令，被告在這情況下犯案，罪責更嚴重。
31 Oct 2023法庭線#8572
11.18油麻地｜6人暴動罪成囚5年 官：有史以來其中一場最嚴重暴力暴動
In November 2019, police surrounded protesters inside the Polytechnic University. A total of 213 people were charged with rioting in Yau Ma Tei in an attempt to “relieve the siege at the Polytechnic University”. In one case involving nine people, three pleaded guilty before the trial began, while the remaining six were convicted of rioting after trial. Judge Adriana Noelle Tse Ching sentenced the six to five years’ imprisonment at the District Court on Tuesday (the 31st).
The judge said the protesters shone laser pointers and threw large numbers of petrol bombs, while numbering as many as 1,500. The protesters “fought while retreating”, built defensive lines and confronted police, advancing like an army and forcing police to retreat. This showed that the incident was not spontaneous but premeditated, the judge said, adding that the protesters had acted without restraint and with no regard for the law.
The judge described the case as one of the most serious violent riots ever and said there were no mitigating factors at all. In response to the defence’s submission that the defendants had shown remorse, the judge said that, having been convicted after trial, their position was “diametrically opposed” to a claim of remorse. Expressing remorse only at the sentencing stage was “verbal but insincere”, the judge said.
2019 年 11 月，警方圍堵理工大學內的示威者，213 人涉在油麻地「圍魏救趙」被控暴動，一宗涉及 9 人的案件，除 3 人開審前認罪，餘下 6 人經審訊後被裁定暴動罪成。法官謝沈智慧周二（31 日）在區域法院判 6 人監禁 5 年。
法官形容示威者照射鐳射筆，大量投擲汽油彈，而人數多達 1,500 人。示威者「且戰且退」，築起防線與警方對峙，如軍隊般推進，逼使警方後退，可見並非突發而是有預謀，又指示威者肆無忌憚、目無法紀。
法官形容，本案是有史以來其中一場最嚴重暴力的暴動，又表示本案全無減刑因素。對於辯方稱眾被告有悔意，法官反駁指，眾人經審訊後罪成，與有悔意的說法「南轅北轍」，在判刑時才表達悔意，是「口惠而不實」。
30 Oct 2023法庭線#8566
涉街頭奏《願榮光》 七旬翁無牌演奏等罪成囚30日 棄上訴即時服刑 官斥沒悔意
Lee Kai-sun, a man in his seventies who was previously acquitted of a charge of unlicensed performance after being prosecuted for playing “Glory to Hong Kong” on the erhu, was accused of performing without a licence and fundraising in Tai Wai, Mong Kok and Central between 2021 and 2022. He faced a total of seven charges. Following trial, he was convicted last Tuesday (the 24th) and sentenced to 30 days’ imprisonment, but was granted bail pending appeal. When the case returned to court on Monday (the 30th), the defendant confirmed that he was abandoning his appeal. Acting Chief Magistrate CHAN Wai-mun ordered that his bail be revoked, and he was required to begin serving his sentence immediately.
The defendant submitted a letter stating that his wife had high blood pressure and needed his care, and that he had previously undergone angioplasty. He also said that he was not originally from Hong Kong and knew “nothing at all” about Hong Kong law. He said that when he was convicted that day, he had lodged an appeal “without thinking” and had also expressed a wish to plead guilty. The magistrate, however, criticised him for showing no remorse, raising a convention defence and saying that he did not mind dying in prison.
曾因以二胡演奏《願榮光》被票控無牌演奏，最終獲裁無罪的七旬翁李解新，被指於 2021 至 2022 年期間，在大圍、旺角及中環無牌演奏及籌款，共被票控 7 罪。經審訊後上周二（24 日）被裁定罪成，判囚 30 日，獲准保釋候上訴。案件周一（30 日）再訊，被告庭上確認放棄上訴。署理主任裁判官陳慧敏下令撤銷被告保釋，他須即時服刑。
被告呈上信件指，妻子患高血壓，須由被告照顧；被告亦曾做通波仔手術。被告又指他原非香港人，對香港法律「一片空白」，他當天被判罪成時，就「不加思索」地提出上訴，又提出想認罪。但裁判官批評他一直沒有悔意，更提出公約抗辯，又表示死在監獄也無所謂。
30 Oct 2023法庭線#8568
7.21非白衣人案｜控方指《集誌社》片段或致證人曝身分、官促查 證人：閘內人挑釁
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted people” are charged with rioting at Yuen Long Station on 21 July 2019. The 10th day of their trial began at the District Court on Monday (30). The prosecution called a witness granted anonymity and raised concerns that CCTV footage of Yuen Long Station recently released by The Collective could expose the witness’s identity if the defence played the footage and members of the public compared it with other information.
The prosecution also said the media outlet had a large amount of “CCTV footage believed to be from this case”, adding: “The inference is that [it] came from our transfer bundle and was then uploaded by someone.” Judge Chan Kwong-chi expressed concern that the footage had been made public one week before the trial began, questioning whether this involved interference with the administration of justice or a breach of professional conduct. He said, “The court is extremely concerned and needs to investigate.”
Anonymous civilian witness A began giving evidence. She said that on the night in question, she passed Fung Yau North Street and saw more than 50 people gathered near a park, most of them wearing white shirts. She also heard them say that “someone would come into Yuen Long”. She stayed because she was “curious”, and later arrived at Yuen Long Station, where she “felt that the people inside the gates were provoking and picking a fight” and that “the people outside did not really want to go in”. However, they “finally couldn’t stand it and jumped over the railings to hit them”. The case will continue on Tuesday, when she will be cross-examined by the defence.
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，周一（30 日）在區院展開第 10 天審訊。控方傳召獲准匿名的證人作供，並提出關注，指《集誌社》最近發布相關的元朗站閉路電視片段，憂辯方播片後，公眾比對會令證人身分曝光。
控方又稱，該媒體有大量「來自相信是本案的閉路電視片段」，又稱「推論來自我哋 transfer bundle（交付文件夾）然後俾人上載咗」。法官陳廣池關注，片段在開審一周前被公開，質疑涉及妨礙司法公正或有人違反專業守則，稱「法庭極度關注要調查」。
匿名市民證人 A 女士開始作供，稱當晚路經鳳攸北街，看到逾 50 人在附近公園聚集，多數穿白衫，並聽到他們表示「有人會入嚟元朗」，她因「八卦而逗留」，其後到達元朗站，「感覺閘內人挑釁、撩交嗌」、「出面啲人唔係好想入去」惟其後「終於忍唔住就跳欄打佢哋」。案件周二續，她將接受辯方盤問。
30 Oct 2023法庭線#8569
涉致謝梁健輝4港大生認煽惑傷警 各判囚兩年 官斥公器私用、濫用權力
The then chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were charged under the National Security Law with “advocating terrorism” over a motion they moved or supported at a council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police stabbing case.
The four pleaded guilty before trial to the alternative charge of “inciting another to wound with intent” and were each sentenced to two years in prison on Monday (30th). District Court judge Adriana Noelle Tse Ching said the motion was read out by Cheung, who invited Kwok to speak; Kwok and To Lam were respectively the mover and seconder, while Yung spoke on the motion. The judge said the four had acted jointly and described their conduct as “an abuse of power and using public office for private ends”, saying it had “caused social divisions and revived hostility towards the police”.
The judge also cited Kwok’s mitigation letter, which said members of the public were dissatisfied with, and even hated and resented, police officers because of “police violence, abuse of power and selective enforcement”. Kwok said he could not deny having similar sentiments at the time, and that he could not “against my conscience say that the police were completely free from making arbitrary arrests and abusing their power, with all responsibility lying with the protesters”. The judge questioned Kwok’s remorse but stressed that this would not affect his sentence.
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 2 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》「宣揚恐怖主義」罪。
4 人開審前承認交替控罪「煽惑他人有意圖而傷人」，周一（30 日）各被判囚兩年。區院法官謝沈智慧指，議案由張讀出，並邀請郭發言；而郭和杜林分別為議案的動議人及和議人，容則有發言，指 4 人共同犯案，屬「濫用權力、公器私用」，「令社會撕裂和仇警重現」。
法官另引述郭在求情信稱，市民因「警察濫暴濫權、選擇性執法而不滿，甚至痛恨及仇視警員」，又稱不能否認自己當時亦有類似情緒，而自己亦「無法違心地說，警察完全沒有濫捕濫權，責任存（全）在示威者一方。」官指，質疑郭的悔意，但強調不會影響其判刑。
27 Oct 2023光傳媒#8548
美大學研究：反修例案平均需343天結案｜無罪或撤控控罪 4成涉警提供不可靠證據
The Georgetown University Asia Law Center (GCAL) in the United States published a research report yesterday (26th) analysing charges and cases arising from the anti-extradition bill movement. The study found that anti-extradition bill cases took an average of 343 days to complete their trials, raising the concern that some people may have pleaded guilty to end their ordeal because of prolonged delays. It also examined the reasons why 202 charges ultimately resulted in acquittals or the charges being withdrawn, finding that 50% were due to insufficient evidence and 40% involved unreliable evidence provided by police. Tom Kellogg, director of the Asia Law Center and author of the report, questioned whether defendants’ core human rights protections had been neglected, saying that basic procedural rights had also been seriously restricted.
美國喬治城大學亞洲法中心（GCAL）昨（26日）發表一份研究報告，分析反修例運動的控罪和案件。研究發現，反修例案件平均需等343天才能完成審訊，質疑一些人可能因案件長時間延遲，選擇認罪以結束煎熬。研究又統計202項控罪最終判無罪或撤控的原因，發現5成因為證據不足、4成涉警察提供不可靠證據。亞洲法中心主任兼報告作者Tom Kellogg質疑，被告核心人權保障遭忽視，基本的程序權利亦受嚴重限制。
27 Oct 2023法庭線#8549
7.21非白衣人案｜綜合警長證供：案發日前已知鄉事吹大雞、穿白衣用藤條
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted men” are charged with rioting at Yuen Long Station on 21 July 2019. The trial entered its ninth day at the District Court on Friday (27th). The prosecution witness, then a sergeant with the Yuen Long Police Community Relations Office who spoke to Lam by phone on the night of the incident, completed two consecutive days of testimony.
According to the sergeant’s evidence over the two days, before 21 July he had learned from Facebook and other media that “a group of black-clad people would enter Yuen Long”. He also knew that white-shirted people in the rural community had “sounded the rallying call”, and would wear white shirts and use rattan sticks. He said he also knew the number mobilised would be “somewhat large”, but did not know how they would “defend their homes”. The sergeant further agreed that “sounding the rallying call” was in principle unlawful, and that he had reported it to his superiors.
Under cross-examination, the sergeant confirmed that he was a Yuen Long indigenous resident and is currently one of the village heads in Ha Tsuen Heung. The defence asked him in turn whether he knew Tang Ying-ban, “Fei Tin Nam” and Wong Sei-chuen. He said he had not been in contact with villagers from the village to which Tang belonged, only learned of “Fei Tin Nam” on the night of the incident, and had no impression of Wong. The case continues next Monday.
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，周五（27 日）在區院展開第九天審訊。控方證人、事發當晚曾與林卓廷通電話的時任元朗警民關係組警長，完成一連兩日作供。
綜合警長兩日供詞，他在 7 月 21 日前已在 FB 及其他媒體知悉「有黑衣人組織入元朗」，亦有白衣人「鄉事吹大雞」，將會穿白衫、用藤條。他稱，亦知悉動員人數「稍多」，但指不知他們以何方法「保衛家園」。警長又同意「吹大雞」原則上犯法，他有向上司匯報。
盤問下，警長確認自己為元朗原居民、現為廈村鄉其中一村長。辯方先後問他是否認識鄧英斌、「飛天南」及黃四川；他稱沒與鄧所屬鄉村的村民連繫、直至事發當晚才知「飛天南」，以及對黃沒印象。案件下周一續。
27 Oct 2023法庭線#8553
終院裁本港須有替代框架承認同性伴侶關係 岑子杰欲縮短暫緩期限至一年被拒
Jimmy Sham, a member of Rainbow Action and former convenor of the Civil Human Rights Front, earlier lost a judicial review challenge over Hong Kong law’s failure to recognise same-sex marriages conducted overseas, but was partly successful on appeal to the Court of Final Appeal. The court ruled that Hong Kong’s failure to provide an alternative means of legally recognising same-sex relationships violated the Bill of Rights, and suspended the effect of its order for two years. On Friday (27th), the court handed down a further judgment on the suspension period and costs.
The judgment disclosed that Sham’s side had sought to shorten the suspension period to one year. However, the Court of Final Appeal agreed with the government that implementing an alternative framework for same-sex couples would be an “unprecedented major development” involving substantial work, and that requiring the authorities to implement the court order within one year would be unrealistic. The court ultimately ruled that the government could apply to extend the suspension order if necessary, but must provide compelling reasons. The government should also do its utmost to formulate an alternative scheme as soon as possible.
As for costs, the Court of Final Appeal noted that although Sham’s challenges concerning Hong Kong’s failure to recognise same-sex marriages and same-sex marriages conducted overseas had both been dismissed, he had succeeded in the dispute over an alternative framework. As the Department of Justice had put it, this constituted an “unprecedented major development”. The court ordered the Department of Justice to pay Sham’s side’s costs in the Court of Final Appeal.
「彩虹行動」成員、前民陣召集人岑子杰，早前就香港法律不承認海外同婚提司法覆核敗訴，再上訴至終審法院獲裁部分勝訴。終院裁定香港沒有提供替代途徑，在法律上承認同性伴侶關係，違反《人權法案》，有關命令暫緩兩年執行。終院周五（27 日）就暫緩期限及訟費頒下新一份判詞。
判詞透露，岑一方要求縮短暫緩期限至一年。惟終院同意政府一方所指，落實同性伴侶替代框架，屬「前所未見的重大發展」，牽涉大量功夫，要求當局在一年內落實法庭命令，是不切實際。終院最終裁定，政府在有需要時，可以申請延長暫緩令，但必須提供令人信服的理由，而政府亦應竭盡所能盡快制定替代方案。
至於訟費，終院認為，雖然岑子杰就香港不承認同性婚姻，以及外地同性婚姻提出的挑戰都被駁回，但就替代框架的爭議獲判勝訴，正如律政司一方指，屬「前所未見重大進展」，下令律政司須向岑一方，支付終院訟費。
26 Oct 2023獨媒#8537
國安處拘捕鄒家成及其律師共3人 指「將未經授權的物品攜離監獄」
The Police National Security Department said it arrested three people on Tuesday morning (October 24) on suspicion of taking unauthorised items out of prison. Owen Chow, who recently pleaded guilty to rioting and is remanded in custody in the primary election 47-person case, was identified as one of those arrested on his page that evening. The other two were his lawyers. The post said Chow had earlier been barred by the Correctional Services Department from receiving books and intended to write to the Ombudsman to lodge a complaint, but the letter was prevented from being sent, so he sent it through his lawyers instead.
警方國家安全處表示，周二（10月24日）早上拘捕3人，罪名為「將未經授權的物品攜離監獄」罪。日前承認暴動罪、並因初選47人案還柙的鄒家成，其專頁晚上表示鄒為被捕人之一，另兩人為其律師。帖文稱鄒家成因早前被懲教署禁止收取書籍，有意去信申訴專員公署投訴，惟信件被阻撓送出，故改為透過律師寄出信件。
Translations are supplied by the source workbook. Consult the original reporting for context.
