5 Oct 2023法庭線#8448
9.29金鐘｜23人暴動罪成囚28至50月 官稱受人影響「老鼠般前仆後繼墮落懸崖」
On 29 September 2019, a “Global Anti-Authoritarian March” was launched, and 52 people were charged with participating in a riot in the area around Queensway. In a case involving 23 of them, 21 pleaded guilty before trial, while the remaining two pleaded not guilty and stood trial. They had earlier been convicted, and the 23 were sentenced at the District Court on Thursday (the 5th) to between 28 and 50 months in prison.
In sentencing, Judge Lian Kin-hong said the social incidents in the latter half of 2019 had all been of a certain scale, and that the riot in this case was not spontaneous. He said it had damaged mutual trust among Hong Kong people, social harmony and Hong Kong’s image as a highly efficient international city. He criticised the democracy spoken of by protesters as having become a form of authoritarianism, saying the protesters believed they held noble ideals, but their actions brought fear and insecurity to society.
The judge also said the vast majority of the defendants were young, but that “being young is not a licence to act recklessly”. He said they had been influenced by leaders and respected figures in society at the time, and believed that breaking the law could achieve justice, while those respected figures would stop short of breaking the law and emerge unscathed. In the end, most of those punished were young people like the defendants, “like rats, one after another, plunging over a cliff”.
2019 年 9 月 29 日，有人發起「全球反極權遊行」，52 人被控於金鐘道一帶參與暴動。其中一宗涉及 23 人的案件，21 人開審前認罪，餘下 2 人不認罪受審，早前被裁定罪成，23 人周四（5 日）在區院判刑，判囚 28 至 50 個月不等。
法官練錦鴻判刑時稱， 2019 年下旬的社會事件均有一定規模，指是次暴動並非即興，更破壞香港人間的互信、社會和諧、高效率的國際形象，斥示威者口中的民主，變成一種專制，指示威者自以為有高尚理念，但其行為為社會帶來恐懼及不安。
法官又指，本案被告絕大部分年輕，但「年輕不是任意妄為的許可證」；另指他們是受到當時的領袖、社會賢達影響，以為違法可以達義，而社會賢達會在犯法前止步、全身而退，最終大部分受懲罰的是如被告一樣的年輕人，「像老鼠一樣前仆後繼墮落懸崖」。
5 Oct 2023法庭線#8449
議會示威案｜認違立會《特權法》被判囚7周 尹兆堅庭上確認放棄刑罰上訴
Andrew Wan Siu-kin, a former Democratic Party Legislative Council member currently remanded in custody in the 47-person pro-democracy primary case, was accused of involvement in several Legislative Council clashes between 2018 and 2020, including collisions with security guards. He admitted at the end of 2022 to three offences under the Legislative Council (Powers and Privileges) Ordinance, including obstructing Legislative Council officers and contempt, and was sentenced to seven weeks’ imprisonment. Wan was granted bail pending an appeal against his sentence but remained in custody over the 47-person case.
The case was originally scheduled to be heard in the Court of First Instance of the High Court on Thursday (5th). At the start of the hearing, Judge Cheung Wai-ling said she had received notification that Wan intended to withdraw his appeal against sentence. Wan confirmed this, and the judge formally dismissed his appeal and revoked his bail. Wan said he understood. Without legal representation, Wan appeared in person wearing a dark green military jacket and black-framed glasses.
因民主派初選 47 人案正還押的民主黨前立法會議員尹兆堅，被指涉及 2018 至 2020 年多宗立法會衝突案件，與保安碰撞等。他於 2022 年底承認《立法會（權力及特權）條例》下妨礙立法會人員、藐視共 3 罪，被判囚 7 周。尹獲准保釋候刑罰上訴，惟續因「47 人案」還押。
案件原訂周四（5 日）於高院原訟庭處理。甫開庭，法官張慧玲即表示收到通知，尹兆堅打算取消刑罰上訴。尹確認，法官遂正式駁回其上訴，並撤銷其保釋，尹表示明白。尹兆堅沒有法律代表，身穿墨綠色軍褸，戴黑框眼鏡，自行出庭應訊。
4 Oct 2023獨媒#8443
查問擁護基本法聲明必要性兼逾期簽署 被著令提早退休 前助理稅務主任申司法覆核
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 HKSAR Government. An assistant tax officer who had worked in the Inland Revenue Department for 25 years wrote to the bureau on the final day of the deadline to question 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 eventually ordered to retire early by the Secretary for the Civil Service. He then applied for judicial review, asking the High Court to quash the secretary’s decision. The High Court heard the case today (4th); after hearing submissions from both sides, Judge Ko Ho-man said he would hand down his decision on 17 November.
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，要求高院撤銷局長的決定。高院今（4日）召開聆訊處理，法官高浩文聽畢雙方陳詞後，表示押後至11月17日宣布決定。
3 Oct 2023獨媒#8436
暴動罪脫遭律政司上訴須重審 陳虹秀申請上訴至終院被拒
In the 31 August 2019 Wan Chai riot case, Chan Hung-sau and seven others were acquitted of rioting by judge Siu Man Sham, who had emigrated and left Hong Kong. The Department of Justice appealed by way of case stated. The High Court’s Court of Appeal subsequently overturned the acquittals of Chan and three others and ordered a retrial. Chan applied for leave to appeal to the Court of Final Appeal. In a judgment handed down today (3rd), the Court of Appeal refused leave, saying the case did not involve the points of law that Chan’s side claimed required determination by the Court of Final Appeal, let alone points of law of great and general importance.
2019年8.31灣仔暴動案陳虹秀等8人，獲已離港移民的法官沈小民裁定暴動罪不成立。律政司不服裁決，以案件呈述方式提出上訴 ，最後高院上訴庭撤銷陳虹秀及另3人的無罪裁決，下令發還重審。陳虹秀申請上訴至終審法院，上訴庭今（3日）頒下裁決，拒絕批出上訴至終院的許可，因本案並不涉及陳虹秀一方所指需由終審法院處理的法律觀點，更遑論是具有重大而廣泛重要性的法律觀點。
3 Oct 2023法庭線#8437
聽障男生被指襲警重審判無罪 獲批部分訟費
In September 2019, a 19-year-old hearing-impaired student was accused of assaulting a police officer in Causeway Bay. He was convicted after trial and sentenced to a rehabilitation centre. The student appealed against the decision. A High Court judge said the defendant had severe hearing impairment and had not received a fair trial at the original hearing, allowed the appeal and ordered a retrial. At the retrial in May 2023, Magistrate Daniel Siu Hung Tang found the defendant not guilty.
The case returned to Kwun Tong Magistrates’ Courts on Tuesday (the 3rd) to deal with costs. Daniel Siu Hung Tang said the costs in the case could be divided into three parts: the defence’s challenge that the prosecution was brought out of time, the defence’s application for a permanent stay of proceedings, and the trial proper. After considering submissions from both sides, he approved costs for the defence in relation to the prosecution time limit and the trial proper. He also said the costs in the case exceeded the jurisdiction of the Magistrates’ Court, and that any dispute over the amount would be referred to a taxing master for determination.
2019 年 9 月，19 歲聽障男生被指在銅鑼灣襲警，經審訊後被裁定罪成，判入更生中心。男生不服裁決提上訴，高院法官指被告嚴重聽障，原審未獲得公平審訊，裁定上訴得直，下令發還重審。裁判官鄧少雄於 2023 年 5 月重審時，裁定被告罪名不成立。
案件周二（3 日）在觀塘裁判法院再訊，處理訟費事宜。鄧少雄指，本案訟費可分為三部分：辯方爭議檢控已過期限、辯方申請永久終止聆訊以及正審。他考慮雙方陳詞後，批准辯方就檢控期限及正審獲得訟費，又指本案訟費已超出裁判法院權限，如有金額爭議，會交由訟費聆案官裁決。
29 Sept 2023法庭線#8426
理大突圍｜5人認暴動囚15至19月 律政司覆核刑期被拒 一人料下月獲釋
In November 2019, police surrounded protesters inside the Hong Kong Polytechnic University. Seventeen people allegedly broke out and were later arrested inside the Science Museum. In one case involving eight people, five pleaded guilty before and during the trial and were sentenced to between 15 and 19 months in prison. The Department of Justice, dissatisfied that the sentences were too lenient, applied for a review of the sentences, which was heard in the High Court on Friday (29th).
The Department of Justice argued that the court should take into account the PolyU incident, the social atmosphere and the broader circumstances when sentencing. After hearing submissions, the Court of Appeal said the sentencing principles applied at first instance were wrong and the sentences were manifestly inadequate, with a starting point of 36 months’ imprisonment. However, taking into account the guilty-plea discount, the reduction for the sentence review and the fact that the defendants were due to be released soon, it found that changing the sentences was inappropriate and not in the public interest. It therefore dismissed the Department of Justice’s application for a sentence review and upheld the original sentences. Reasons will be handed down within six months.
The defence told the court that, under their current sentences, the five people would be released at the earliest in mid-October and at the latest in late February 2024. After the ruling, people in the public gallery wiped away tears and cheered, calling out to the defendants in the dock, “See you next year” and “See you on the 12th [next month].” One defendant smiled and responded by giving a thumbs-up.
2019 年 11 月，警方圍堵理工大學內的示威者，其中 17 人疑「突圍而出」，及後在科學館內被捕。其中一宗涉及 8 人的案件，當中 5 人於開審前及審訊期間先後認罪，被判囚 15 至 19 個月。律政司不滿刑期過輕提覆核，周五（29 日）在高院開庭處理。
律政司一方認為，法庭判刑時應考慮理大事件、社會氣氛等「大環境」。上訴庭聽畢陳詞指，原審判刑原則有錯、明顯過輕，量刑基準應為 36 個月監禁。惟考慮認罪扣減、覆核刑期扣減，以及各人即將獲釋等因素，認為改變刑期並不合適，亦不符合公眾利益，最終駁回律政司覆核申請，維持原判，將於 6 個月內頒下理由。
答辯方庭上透露，以現時刑期而言，5 人最早將於 10 月中旬獲釋，最遲將於 2024 年 2 月下旬獲釋。旁聽人士聞判拭淚及歡呼，向犯人欄的被告高呼「出年見到你」、「（下月）12 號見啦」，有被告展露笑顏，豎起拇指回應。
28 Sept 2023法庭線#8417
李卓人姨仔鄧燕梨被控妨礙司法公正 准保釋11.16再訊 警曾指取走證物礙調查
The wife of former Hong Kong Confederation of Trade Unions secretary-general Li Cheuk-yan, Elizabeth Yin Ngor Tang, was arrested by the Police National Security Department in March this year for the offence of “collusion with a foreign country or with external elements to endanger national security” and was later granted bail. Her younger sister, Marilyn Yin Lee Tang, a former administrative director of the Confederation of Trade Unions Training Centre, was also arrested by the National Security Department for allegedly conspiring to pervert the course of justice and was likewise granted bail pending investigation.
The National Security Department formally charged Marilyn Yin Lee Tang with one count of perverting the course of justice. The case came before the West Kowloon Magistrates’ Courts for the first time on Thursday (the 28th). The defence applied for an adjournment to obtain documents and provide the defendant with legal advice, which was approved by Chief Magistrate Law Tak-chun.
The defendant was granted bail of HK$50,000 in cash, barred from leaving Hong Kong and required to surrender all travel documents. The case was adjourned to Nov. 16 for a further hearing.
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，亦被國安處以「涉嫌串謀妨礙司法公正」拘捕，同獲准保釋候查。
國安處日前正式落案起訴鄧燕梨 1 項「妨礙司法公正」罪，案件周四（28 日）在西九龍裁判法院首度提堂。辯方申請將案件押後，以待索取文件，及向被告提供法律意見，獲主任裁判官羅德泉批准。
被告准以 5 萬元現金擔保，不得離港及需交出所有旅遊證件，案件押後至 11 月 16 日再訊。
28 Sept 2023法庭線#8423
Zeek被追薪｜送餐車手索償逾1.9萬元勝訴 官指Zeek對工作有實際控制權
The operating company of online logistics platform Zeek has again faced a claim for unpaid wages. After a trial, acting Labour Tribunal adjudicator Chi Ling Ng issued a written judgment on Thursday (28th), ruling in favour of a food delivery rider who had claimed more than HK$19,000 and awarding costs.
The judgment said the claimant worked shifts, while Zeek had established work rules and closely monitored work performance and arranged rest periods through a mobile app. Disciplinary action could be taken if he breached the rules, reflecting that Zeek had actual control over his work. The mobile app invested in and controlled by Zeek was an important tool, and the claimant was “more like an employee using the company’s software”.
The judgment also said Zeek’s publicity claimed that its delivery workers were free to accept orders, but this was not the case because the claimant could not find a substitute to help complete orders and could not negotiate the service fees. The adjudicator ultimately ruled that an employment relationship existed between Zeek’s operating company and the claimant.
網上物流平台 Zeek 的營運公司，再被入稟追討欠薪，一名送餐車手索償逾 1.9 萬元，案件經審訊後，暫委勞資審裁官吳芷玲周四（28 日）頒布書面判決，裁定車手勝訴兼獲訟費。
判詞指，申索人為輪更工作，而 Zeek 訂立了工作守則，並以手機 App 緊密監控工作表現及安排休息時間，如他違反紀律將受懲處，反映 Zeek 對其工作有實際控制權，而由 Zeek 投資及控制的手機 App 為重要工具，申索人「更像是使用該公司軟件的僱員」。
判詞又指，據 Zeek 的宣傳，其配送員可自由接單，但這並非事實，因申索人無法找替工助他完成訂單，亦不可協商服務費；官最後裁定，Zeek 的營運公司與申索人為僱傭關係。
27 Sept 2023法庭線#8415
8.31太子｜事隔逾3年8月被控 3人認阻差、管鐳射筆囚6周至3月
On 31 August 2019, clashes broke out inside Mong Kok and Prince Edward MTR stations. MTR Corporation announced station closures over an “emergency incident”, and riot police entered the stations, subduing and arresting numerous people with batons and other equipment. More than 3 years and 8 months later, 16 men and women were charged with offences including assaulting police officers and possessing offensive weapons. Three of them respectively pleaded guilty to obstructing a police officer in the execution of duty and possessing laser pointers, and were remanded until Wednesday (27th) for sentencing at the Kowloon City Magistrates’ Courts.
In mitigation, the defence said the defendants had, after reflection, admitted that their actions that day were foolish and reckless, and asked the court to consider the lengthy period between their arrests and being charged and exercise discretion to reduce their sentences. The defence also cited laser-pointer cases, saying the defendants in this case had lower levels of participation and there was no evidence that they had used the laser pointers, and asked the court to adopt lower starting points for sentencing.
After considering the case, Chief Magistrate Don Man Lung So sentenced one defendant who pleaded guilty to obstructing a police officer in the execution of duty to six weeks’ imprisonment. The other two, who pleaded guilty to possessing laser pointers, were each sentenced to three months’ imprisonment.
2019 年 8 月 31 日，旺角及太子港鐵站內發生衝突，港鐵以「緊急事故」宣布封站，防暴警進站以警棍等制服和拘捕多人。事隔逾 3 年 8 個月，16 名男女被落案起訴襲警、管有攻擊性武器等罪。其中 3 人分別承認阻差及管有鐳射筆，還押至周三（27 日）在九龍城裁判法院判刑。
辯方求情指，被告沉澱後承認當日行為愚昧魯莽，望法庭考慮本案由被捕至起訴歷時之久，可酌情減刑。辯方又引述鐳射筆案例，指本案被告參與程度較低，沒證據顯示曾使用鐳射筆，望法庭採納較低量刑起點。
主任裁判官蘇文隆考慮後，就一被告承認阻差辦公罪，判囚 6 周；另 2 人承認管有鐳射筆，則判囚 3 個月。
26 Sept 2023法庭線#8411
5.24反惡法遊行｜男子涉向警掟磚認暴動判囚3年 官反駁辯方求情理由
On May 24, 2020, large numbers of people marched on Hong Kong Island to protest the National Anthem Law and the National Security Law, and clashes between police and protesters broke out in Causeway Bay. The man, who was 24 at the time and is now 27, was accused of throwing bricks at the police cordon and was charged with one count of riot two years later. He had earlier pleaded guilty and was sentenced to three years’ imprisonment on Tuesday (the 26th) at the West Kowloon Magistrates’ Courts, sitting as the District Court.
Acting Judge Pang Leung-ting cited the defence’s mitigation submissions that the defendant had been planning to go nearby to have a computer repaired when the incident occurred and had not planned to commit an offence. However, the judge said the defendant was wearing a black hat and carrying a telescopic umbrella and a telescope in his bag, despite there being no rain that day. He inferred that the defendant had intended to take part in the assembly before leaving home and that the computer repair was merely a cover, and therefore declined to accept the submissions.
The judge also criticised the slogans shouted by protesters and the flags they raised, saying they contained elements inciting others to split the country and to hate the police. The defendant had also thrown bricks at the police cordon. The judge said the protesters’ gathering openly and wantonly challenged national sovereignty, the rule of law and the police, and that the defendant’s “anti-police mentality was plainly evident”.
2020 年 5 月 24 日，大批市民在港島遊行，抗議《國歌法》及《國安法》，銅鑼灣爆發警民衝突。案發時 24 歲、現年 27 歲男子，被指曾向警方防線擲磚，事隔兩年被控一項暴動罪。他早前認罪，周二（26 日）在西九龍裁判法院（暫代區域法院）被判監禁 3 年。
暫委法官彭亮廷引述辯方求情，指被告案發時正打算到附近維修電腦，沒有預謀犯案，但指不能忽略被告戴黑帽、袋中有伸縮雨傘、望遠鏡等，而當天並無下雨，推論被告出門前已打算參與集結，電腦維修僅為掩飾，故拒絕接納。
法官並批評，示威者叫喊的口號及高舉旗幟有煽動他人分裂國家，仇視警方的元素，被告更曾向警方防線擲磚，又指示威者聚集以公然肆意挑戰國家主權、法治及警方，被告「仇警心態昭然若揭」。
Translations are supplied by the source workbook. Consult the original reporting for context.
