26 Oct 2023獨媒#8542
有「愛國愛港」市民不滿三會門檻阻參選 入稟申司法覆核被拒
A citizen who wanted to stand in the District Council election to be held in December said he was both a “patriotic and pro-Hong Kong person” and had been nominated by neighbourhood residents, but received no response after submitting his personal particulars to the Electoral Affairs Office. The citizen earlier filed a judicial review application in the High Court, saying the matter was urgent because “if pro-establishment candidates can get on the ballot, I won’t be able to,” and asked the court to clarify his eligibility to stand for election. However, the judge handed down a judgment today finding that the applicant’s request clearly exceeded the court’s jurisdiction in judicial review proceedings, and dismissed the application.
一名市民欲參選12月舉行的區議會選舉，稱自己既為「愛國愛港人士」，也獲得街坊提名，不過將個人資料提交選舉事務處後，一直未獲回音。該市民早前入稟高院提出司法覆核，並指案件時間緊迫，因為「有保皇党入閘，我就無得入閘」，他要求法庭釐清他的參選資格。不過法官今日頒下判詞，認為入稟人的要求已明顯超出法庭就司法覆核的權限，駁回申請。
26 Oct 2023法庭線#8545
義務急救員暴動罪成囚3年3月 申上訴至終院證明書被拒
On 1 October 2019, National Day, large numbers of protesters gathered in Wong Tai Sin, and 11 people were convicted of rioting. The volunteer first aider, who was 24 at the time, was sentenced to three years and three months in prison. After his appeal against conviction was rejected earlier, he applied to the Court of Appeal for a certificate granting leave to appeal to the Court of Final Appeal, arguing that the case involved a point of law of great and general importance. In a judgment handed down on Thursday (the 26th), the Court of Appeal said the questions raised by the applicant were not questions of law requiring clarification by the Court of Final Appeal and refused to issue the certificate.
2019 年 10 月 1 日國慶，大批示威者在黃大仙集結，11 人暴動罪成。案發時 24 歲的義務急救員被判囚 3 年 3 個月，他不服定罪提上訴早前被駁回，其後再向上訴庭申請終院上訴許可證明書，指案件具有重大而廣泛重要性的法律觀點。上訴庭周四（26 日）頒下判詞指，申請人提出的問題，並非須由終院澄清的法律問題，拒絕發出證明書。
25 Oct 2023法庭線#8536
7.1立會｜鄒家成改認暴動 案情指被撕毀基本法小冊子套取其紋印
On July 1, 2019, protesters stormed the Legislative Council building, and many people were charged with rioting and other offences. Seven people, including defendant Lau Wing-kwong in the “47-person primary election case” and former HKU Students’ Union president Hiu Laam Suen, pleaded guilty to rioting and were remanded pending sentencing. Six others, including actor Wong Chung-yiu, student journalists and online media reporters, denied the charges and stood trial, with a verdict expected next February.
Another defendant in the “47-person primary election case,” Chow Ka-shing, was originally a co-defendant in the same case. As he denied the charge of “conspiracy to subvert state power” and stood trial, the rioting charge concerning him was dealt with separately. He pleaded guilty to rioting at the West Kowloon Magistrates’ Courts on Wednesday (25th), sitting temporarily as the District Court, and was remanded until February 1 next year for mitigation and sentencing. The case stated that Chow’s fingerprints were lifted from three torn Basic Law pamphlets found inside the Legislative Council chamber.
2019 年 7 月 1 日，有示威者衝入立法會大樓，多人被控暴動等罪。其中「47 人初選案」被告劉頴匡、港大學生會前會長孫曉嵐等 7 人承認暴動罪，還押候判。而藝人王宗堯、學生記者和網媒記者等 6 人則否認控罪受審，預計明年 2 月裁決。
另一「47 人初選案」被告鄒家成原為同案被告，因他否認「串謀顛覆國家政權」罪受審，本案所涉的暴動罪分拆處理，他周三（25 日）在西九龍裁判法院（暫代區院）承認暴動罪，押至明年 2 月 1 日求情及判刑。案情指，警方在立法會會議廳內 3 本被撕毀的基本法小冊子上，套取出鄒家成的紋印。
24 Oct 2023法庭線#8526
被指街頭二胡奏《願榮光》 六旬翁無牌演奏等罪成囚30日 官指屬「軟對抗」
Li Kaixun, a man in his sixties who was previously acquitted after being charged with performing “Glory to Hong Kong” on the erhu without a licence, was accused of performing without a licence and soliciting donations in Tai Wai, Mong Kok and Central between 2021 and 2022. He faced seven summons charges in total. He denied the charges and stood trial, and was convicted at Sha Tin Magistrates’ Courts on Tuesday (the 24th) and sentenced to 30 days’ imprisonment. He was granted bail pending an appeal.
Acting Principal Magistrate CHAN Wai-mun said the court accepted police expert evidence that “Glory to Hong Kong” had “strong links with unlawful assembly, rioting and Hong Kong independence, among others”. In response to the defendant’s claim that he did not know prior application was required for fundraising, the magistrate said ignorance of the law was not a valid defence, adding that “freedom is not absolute” and did not permit people to do whatever they wanted while disregarding their legal responsibilities.
The defendant represented himself in mitigation and said, “I do not admit committing any offence,” adding that he was already 70 years old and asking, “So what if I die in prison?” In sentencing, the magistrate said “Glory to Hong Kong” concerned national security and that the court had to send a clear message. The consequences of disseminating or performing the song were serious, the magistrate said, adding that the defendant had used “soft resistance” to stir up social conflict and “should be grateful that he was not prosecuted for more serious offences.”
曾因以二胡演奏《願榮光》被票控無牌演奏，最終獲裁無罪的六旬翁李解新，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。他否認傳票控罪受審，周二（24 日）在沙田裁判法院被裁定罪成，判囚 30 日，獲准保釋候上訴。
署理主任裁判官陳慧敏指，接納警方專家指《願榮光》一曲「與非法集結、暴動及港獨等有高度聯繫」。就被告聲稱不知籌款須事先申請，官指對法律無知非有效的抗辯理由，又指「自由並非絕對」，不能為所欲為、妄顧法律責任。
被告親自求情時稱「不承認犯罪」，稱已年屆 70 歲，「我就算死在監獄有甚麼所謂」。官判刑時則稱，《願榮光》事關國安，法庭須發清晰訊息，傳播、奏播的歌曲後果嚴重，又指被告以「軟對抗」挑起社會矛盾，「沒被起訴更嚴重罪行應感慶幸」。
24 Oct 2023獨媒#8527
遺產條例拒承認同性婚姻關係 高院裁定違憲 政府不服上訴遭駁回
A same-sex couple who married in the UK, concerned that the surviving spouse would be unable to inherit the estate or transfer the registered-owner status of their Home Ownership Scheme flat after the other’s death, brought a judicial review challenging the estate law’s provision recognising only heterosexual marriages and won the case. The government appealed, but the applicant died by suicide while the appeal was ongoing, and his husband continued the proceedings. The Court of Appeal issued its written judgment on Tuesday (the 24th), dismissing the government’s appeal and ordering it to pay the costs. In a post on his personal Facebook account, the applicant Ng Hon-lam’s husband Yik Ho Li said that the government’s repeated denial of their marital relationship was “like rubbing salt into the wounds” for a family still in mourning. Lee hoped the government would respect the court’s ruling and restore to his husband the dignity he deserved.
於英國註冊結婚的同性戀伴侶，擔心離世後配偶不能承繼遺產及轉移居屋戶主身份，提出司法覆核挑戰遺產條例只承認異性戀婚姻關係的規定，獲裁定勝訴。政府一方不服判決，提出上訴，申請人在上訴程序進行期間自殺離世，由丈夫代為繼續相關程序。上訴庭周二（24日）頒下書面判決，駁回政府的上訴，並下令須支付訟費。申請人吳翰林的丈夫李亦豪在個人 Facebook 表示，政府一而再、 再而三否定他們的婚姻關係，對於仍在哀悼的家屬而言「如同在傷口上灑鹽」。李希望政府能尊重法庭的判決，還給丈夫應得的尊嚴。
20 Oct 2023法庭線#8520
10.1荃灣｜中槍「健仔」認暴動、潛逃等判囚47月 官指抑鬱症、槍傷非減刑因素
In November 2019, police surrounded protesters inside Polytechnic University, while 213 people were charged with rioting over the “besieging Wei to rescue Zhao” action in Yau Ma Tei. In one case, 11 people were convicted after trial and sentenced to between 51 and 55 months’ imprisonment. Two of them, dissatisfied with their convictions, applied for leave to appeal. Court of Appeal judge Pang Min-ki heard submissions from both sides at the High Court on Friday (20th) and said there were no reasonably arguable grounds for the appeals. She refused leave that day and will hand down her judgment within three months.
The applicant, who was 22 at the time of the incident, represented himself and said he had felt dizzy and unwell and was suffering from back pain that day. He said the place where he was arrested was only a five-minute walk from Kwong Wah Hospital, and that the trial judge could not rule out that he had been on his way to seek medical attention. The judge responded that he had neither given evidence nor been cross-examined, and that the court could not imagine all kinds of explanations on behalf of a defendant. The Department of Justice described the scene as engulfed in flames, with fires blazing, saying it was “just like a battlefield”. It said that anyone who did not want to participate in a riot, or risk being mistaken for a rioter, could not possibly have appeared at the scene.
2019 年 11 月警方圍堵理大內的示威者，213 人涉在油麻地「圍魏救趙」被控暴動。其中一案 11 人經審訊後被裁罪成，被判監 51 個月至 55 個月。當中兩男不服定罪，申請上訴許可。上訴庭法官潘敏琦周五（20 日）在高等法院聽畢雙方陳詞，指二人上訴理據沒有合理可辯之處，即日拒批許可，將於 3 個月內頒下判詞。
案發時 22 歲的申請人自行陳詞指，案發當天頭暈不適及患背痛，被捕位置距離廣華醫院僅 5 分鐘路程，原審官不能排除他正前往求醫。法官反駁，他並無出庭作供、接受盤問，法庭不能為被告想像各式各樣的辯解。律政司則形容案發現場烽火連天，火光熊熊，「簡直戰場一樣」。任何不想參與暴動或被誤當暴動者的人，都不可能在現場出現。
19 Oct 2023獨媒#8516
朱江瑋再涉欺詐罪 前區議員楊彧趙柱幫等4人同被捕
Former district councillor Kong Wai Chu was arrested on Tuesday (the 17th) on suspicion of promoting MPF products without registration. Police today (the 19th) arrested four more people on suspicion of conspiracy to defraud and fraud, including former chairperson of the Sham Shui Po District Council Yuk (1985) Yeung and former Sha Tin district councillor Sunny Chu Pong Chiu. Following further investigation, police also found that Kong Wai Chu was involved in another fraud offence. He has been released on bail pending investigation and must report to police in early November.
前區議員朱江瑋周二（17日）涉未註冊推銷強積金被捕，警方今日（19日）再拘捕4人涉嫌串謀欺詐及欺詐，當中包括深水埗區議會前主席楊彧、前沙田區議員趙柱幫。另外，警方經進一步調查後，發現朱江瑋牽涉另一項欺詐罪，他已獲准保釋候查，須於11月上旬向警方報到。
19 Oct 2023獨媒#8517
逾時半年簽署公務員表忠聲明 稅務主任被著令提早退休 司法覆核遭駁回
In January the year before last, the Civil Service Bureau required civil servants to sign a declaration or take an oath to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region Government. On the final day of the deadline, an Assistant Taxation Officer who had served in the Inland Revenue Department for 25 years wrote to enquire about the necessity of the declaration and how a breach of it would be defined. He submitted the signed declaration about six months later and was ultimately ordered by the Secretary for the Civil Service to retire early. He applied for judicial review, alleging procedural unfairness and seeking to overturn the Secretary’s decision. The High Court handed down its written judgment today (19th), ruling that the applicant had failed to provide a reasonable explanation for signing late and that the Government had lost confidence in his ability to adhere to the core tenets of the civil service. It therefore found the Secretary’s decision reasonable and dismissed the judicial review, ordering the applicant to pay the Department of Justice’s legal costs.
公務員事務局於前年1月要求公務員簽署聲明或宣誓擁護《基本法》及效忠特區政府，一名入職稅務局25年的助理稅務主任在限期最後一天去信查問聲明必要性及如何界定違反聲明。他在約半年後提交簽妥的聲明，最終被公務員事務局局長著令提早退休。他遂申請司法覆核，指程序上有不公之處，要求推翻局長的決定。高院今（19日）頒下書面判決，指申請人未能就遲簽提供合理解釋，政府對他能否恪守公務員核心信條失去信心，因此局長的決定合理，遂駁回司法覆核，申請人須向律政司一方支付訟費。
19 Oct 2023獨媒#8518
《香港01》創辦人于品海遭建銀國際入稟申破產 12.19高院訊
Yu Pun-hai, founder of HK01 and chairman of South Sea Holdings, acted as guarantor for an overseas company that allegedly defaulted on its bonds and owed CCB International more than 380 million. He was earlier sued for payment of 410 million in principal and interest. CCB International filed an application with the High Court yesterday to have Yu declared bankrupt. According to the Judiciary’s website, the bankruptcy hearing is scheduled to take place at the High Court on Dec. 19.
《香港01》創辦人、南海控股主席于品海，在一間海外公司出任擔保人，而該海外公司被指債券違約，欠下建銀國際逾3.8億元，早前被入稟要求支付連本帶利共4.1億元。建銀國際昨日再入稟高院，申請于品海破產。根據司法機構網頁顯示，破產聆訊將定於12月19日於高院進行。
19 Oct 2023獨媒#8519
【元朗7.21】控方投訴公眾休庭時「大聲插嘴近乎呼喝」 官指屬藐視法庭將跟進
In the Yuen Long 7.21 incident in 2019, former Democratic Party Legislative Council member Lam Cheuk-ting, who was attacked by men in white and thanked by police for reporting the incident, and six men charged with rioting continued their trial at the District Court today (19th). The prosecution and defence’s agreed facts state that at 10:52 p.m. on 21 July, three police officers arrived at Exit G1 of Yuen Long Station and left after staying briefly; CCTV showed them there for about 92 seconds. Dozens of police officers arrived at 11:15 p.m. Later, during a court recess, the prosecution and defence argued over trial procedures. A member of the public shouted, “Here comes a case within a case!” The prosecution complained that a spectator was “loudly interrupting, almost shouting at us!” and asked the court to remind the public to observe proper conduct. Judge Chan Kwong-chi said, “This is not about rules; this is contempt.” He said those responsible for the case and others should stop the person and record their identity-card details, and that he would pass the CCTV footage to the prosecution for consideration of whether to deal with the matter through criminal contempt-of-court proceedings.
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，今（19日）在區域法院續審。控辯雙方承認事實指，7月21日晚上10時52分，3名警員到達元朗站G1出口，逗留短時間後離去，閉路電視顯示出現約92秒。其後於11時15分數十名警員到場。另外，控辯雙方在休庭時就審訊程序爭論，有旁聽人士大叫：「開案中案囉！」控方投訴有觀眾「大聲插嘴，近乎呼喝我哋！」，希望法庭提醒公眾保持規矩。法官陳廣池表示：「呢啲唔係規矩，呢啲係藐視」，他指案件主管等應截住該人及抄身份證，又指會將閉路電視交控方，以考慮是否以刑事藐視法庭程序處理。
Translations are supplied by the source workbook. Consult the original reporting for context.
