16 Aug 2023法庭線#8207
涉朗屏站外拆國旗區旗擲落明渠 男子遭改控侮辱國旗及區旗 9.27再訊
In early July 2023, a 36-year-old man was accused of removing national and regional flags hung by the roadside outside Long Ping station on the West Rail line and throwing them into an open channel. He was originally charged with one count of criminal damage. At a hearing at Tuen Mun Magistrates’ Courts on Wednesday (the 16th), the prosecution amended the charge to one count of insulting the national flag and added one count of insulting the regional flag.
Acting Principal Magistrate Chi Wai (1965) Cheung adjourned the case to Sept 27 for mention, pending the defendant obtaining legal advice. The defendant was granted cash bail of $500, on condition that he not leave Hong Kong, report to a police station twice a week, and not contact prosecution witnesses.
2023 年 7 月初，36 歲男子被指在西鐵朗屏站外，將路邊懸掛的國旗和區旗拆下，並擲落明渠。他原被控一項刑事損壞罪，案件周三（16 日）在屯門裁判法院再訊，控方改控一項侮辱國旗罪，並加控一項侮辱區旗罪。
署理主任裁判官張志偉將案件押至 9 月 27 日再訊，候被告索取法律意見。被告獲准以 500 元現金保釋現金，期間不得離港、每周向警署報到兩次，以及不得接觸控方證人。
14 Aug 2023法庭線#8196
蘇惠德收恐嚇電話 男子涉FB相關帖文下留言「炸死全家先有證據」判囚
Chief Magistrate So Wai Tak received a threatening telephone call in December 2020, in which the caller threatened to “bomb your wife and children to death”. A man was alleged to have posted the comment “Bomb the whole family to death, then there’ll be evidence” in the Facebook group “51 黃金良心圈” and under a Cable News report, in breach of a court injunction. He was found guilty of civil contempt of court.
High Court judge Ho Ho Man handed down his judgment on Monday (14th), sentencing him to four months’ imprisonment in his absence. The judgment said the defendant did not attend the hearing or appoint a lawyer to represent him. The court had earlier issued an arrest warrant and sent the relevant documents to the defendant by email. It considered that it had made every effort to notify him, but he still failed to appear, and that the court was entitled to sentence him in his absence.
The judgment said that, in sentencing, it had taken into account that the comment was specific and extremely serious. It was not merely empty talk and incitement, but also encouraged others to take action. The defendant had targeted a senior judicial officer and his wife and children, which any reasonable person would find completely unacceptable. The defendant had clearly refused to participate in the hearing and also appeared to have deliberately absconded while on bail. The court therefore considered the sentence appropriate and proportionate.
總裁判官蘇惠德於 2020 年 12 月接獲恐嚇電話，對方揚言「要炸死你老婆仔女」。一男子被指於 Facebook 「51 黃金良心圈」群組及《有線新聞》 報道帖文留言「炸死全家先有證據」，違反法庭禁制令，被裁定民事藐視法庭罪成。
高院法官高浩文周一（14 日）頒下判詞，在被告缺席聆訊下將其判囚 4 個月。判詞指，被告沒出庭應訊，亦沒派律師代表；法庭早前已發拘捕令，並將涉案文件透過電郵傳送予被告，認為已盡力通知，惟被告仍沒到庭，法庭有權在其缺席下作出判刑。
判詞續指，量刑時考慮涉案留言具體和極其嚴重，不僅屬空談和煽動，更是鼓勵他人採取行動；又指被告針對高級司法人員及其妻兒，正常人亦覺完全不能接受；被告明顯拒絕參與聆訊，亦看似故意棄保潛逃，故判刑是合適及合乎比例。
14 Aug 2023獨媒#8197
7民主派參與未經批准集結罪維持原判 上訴庭：「流水式」辯解只是詭計 惟欠證據證曾「組織」
At the “water-flow” assembly on 18 August 2019, nine pro-democracy figures, including Next Media founder Jimmy Lai, Democratic Party founding chairperson Martin Lee Chu-ming and barrister Margaret Ng, were convicted of organising and participating in an unauthorised assembly and sentenced to imprisonment or suspended terms. Seven of them appealed against their convictions and sentences. The Court of Appeal today (14th) allowed the appeals concerning organising an unauthorised assembly, quashing the convictions and sentences, but dismissed the appeals concerning participation and upheld the convictions and sentences. The judgment said the evidence was sufficient to show that the seven had participated in an unauthorised procession, and that using a “water-flow” format as a defence was merely a ruse to circumvent the police ban; the trial court’s conclusion could not be faulted. However, the Court of Appeal found insufficient evidence to prove that the appellants were the “organisers” of the procession. Being present and participating in the procession, even attending in a well-known capacity, was not enough.
2019年8月18日「流水式集會」，壹傳媒創辦人黎智英、民主黨創黨主席李柱銘和大律師吳靄儀等9名民主派人士，被裁定組織及參與未經批准集結罪成，分別判監禁或緩刑。其中7人不服定罪及刑罰提出上訴，上訴庭今（14日）宣布判決，裁定就「組織未經批准集結」罪上訴得直，撤銷定罪及刑罰。就「參與未經批准集結」罪，則上訴失敗，維持定罪及刑罰。判詞指證據充份顯示7人參與了未經批准的遊行，以「流水式」作為辯解只是一個繞過警方禁令的詭計，原審的結論無可批評。不過上訴庭認為缺乏證據證明上訴人是遊行的「組織者」，單單在場及參與遊行，甚至以知名身份出席，是不足夠。
14 Aug 2023獨媒#8198
9.29反極權遊行 前中大學生會成員等21人認暴動 首度使用區院新建大型法庭
Fifty-two people were charged with taking part in a riot around Queensway during the “Global Anti-Authoritarian March” on 29 September 2019, and the cases are being heard separately. The case involving 23 defendants opened today (14th) in the newly built mega courtroom at the District Court. Twenty-one defendants, including Leung Yat-hei, a former CUHK Students’ Union official responsible for judicial affairs, pleaded guilty to rioting and were remanded in custody until 5 October for sentencing. The remaining two defendants pleaded not guilty and are standing trial. This is the first social movement-related case hearing to use the newly built mega courtroom. The courtroom has about 85 public gallery seats, while the dock can accommodate all 23 defendants; however, it is a considerable distance from the public gallery, making it more difficult to see the defendants’ faces. According to a Judiciary press release issued two years ago, the new courtroom’s dock can accommodate up to 50 defendants and is mainly intended for cases related to social incidents involving large numbers of defendants.
2019年9月29日的「全球反極權遊行」，52人被控於金鐘道一帶參與暴動，分成多案審理。其中23人的案件今（14日）在區域法院新建的大型法庭開審，前中大學生會司法常務長梁溢希等21人承認暴動罪，還柙至10月5日判刑；餘下兩被告則否認控罪受審。是次為首度使用新建大型法庭的社運案件聆訊，庭內設有約85個公眾席，被告欄的空間能容納全數23名被告，惟相距公眾甚遠，較難看見樣貌。根據司法機構前年的新聞稿，新法庭的被告欄可容納多達50名被告，主要用作應付涉及眾多被告的社會事件相關案件。
14 Aug 2023法庭線#8200
8.18流水式集會案 黎智英、吳靄儀等7人組織未經批准集結上訴得直 參與集結罪維持原判
On 18 August 2019, the Civil Human Rights Front held a procession-style assembly at Victoria Park. Following trial, seven pro-democracy figures, including Jimmy Lai and Margaret Ng, were convicted of organising an unauthorised assembly and knowingly taking part in an unauthorised assembly. They were sentenced to between eight and 18 months in prison, while Martin Lee, Margaret Ng and Albert Ho were given suspended sentences.
The seven separately appealed against their convictions and sentences. The Court of Appeal handed down its judgment on Monday (14th), ruling that even if the appellants stood at the front of the procession and led the chanting, it could not necessarily be inferred that they were the organisers. It therefore allowed the appeals against the convictions for organising an unauthorised assembly, but dismissed all appeals against the convictions and sentences for knowingly taking part in an unauthorised assembly.
Jimmy Lai, Lee Cheuk-yan, Leung Kwok-hung and Cyd Ho had their sentences reduced by three to six months; all four had already completed their sentences in this case. For the other three—Martin Lee, Margaret Ng and Albert Ho—the original sentences were not dealt with because their periods of suspension had already expired. Outside court, Margaret Ng said she would study the judgment with her lawyers before deciding on the next steps, and that it was not appropriate to comment at this stage.
2019 年 8 月 18 日，民陣在維園舉行流水式集會，黎智英、吳靄儀等 7 名民主派人士，經審訊後被裁定「組織未經批准集結」及「明知而參與未經批准集結」罪成，判囚 8 至 18 個月，其中李柱銘、吳靄儀、何俊仁獲判緩刑。
7 人分別就就定罪及刑期上訴，上訴庭周一（14 日）頒下判決，指即使上訴人站在隊頭、帶領喊口號，也不一定能推論他們是組織者，裁定「組織未經批准集結」定罪上訴得直，「明知而參與未經批准集結」定罪及刑期上訴則全部駁回。
黎智英、李卓人、梁國雄、何秀蘭獲減刑3至6個月，4人早前已服畢本案刑期。另外 3 人包括李柱銘、吳靄儀、何俊仁，則因緩刑期限已過，未有處理原審判刑。吳靄儀在庭外指，會與律師研究判詞，再決定下一步行動，現階段不適宜作任何評論。
12 Aug 2023Channel C#8189
涉「612人道基金」 被捕10人獲准保釋 葉寶琳凌晨離開警署
Sources said all 10 were granted bail of HK$50,000 each. Ip Po-lam was released in the early hours of today (12th). A large number of media waited outside Ma On Shan Police Station. Ip walked out of the station at around midnight with her hands clasped, made no statement and did not respond to reporters’ questions, then left in a friend’s private car.
消息指，10人均獲准每人以5萬元保釋。其中葉寶琳今日（12日）凌晨獲准保釋，大批傳媒於馬鞍山警署外守候，葉寶琳於零時零分左右步出警署外，雙手合十，沒有發言亦未有回應記者提問，隨即乘坐友人私家車離開。
11 Aug 2023法庭線#8186
7.21元朗｜4男事隔4年被控暴動等罪 一人高院申保釋被拒
Four more men were charged in early July, four years after the 7.21 Yuen Long attack, with rioting and conspiracy to wound. The four were remanded in custody pending trial. The defendants are understood to have been among the white-clad men. After bail was granted earlier to a 43-year-old businessman, another 38-year-old man applied for bail at the High Court on Friday (11th), which the prosecution opposed. After hearing submissions from both sides, acting judge Amanda Jane Woodcock refused to grant bail, and the defendant was remanded in custody.
元朗 7.21 襲擊事隔 4 年，再多 4 名男子於 7 月初被落案起訴暴動及串謀傷人罪，4 人須還押候訊。據了解，被告均為白衣人。繼早前 43 歲商人申請保釋獲批後，另一名 38 歲男子周五（11 日）亦於高等法院申請保釋，控方提出反對。暫委法官胡雅文聽畢雙方陳詞後，拒絕讓被告保釋，被告須繼續還押。
9 Aug 2023法庭線#8173
律政司上訴《願榮光》禁令 指特首發出證明書 法庭應遵從行政機關判斷
In the application for an injunction over Glory to Hong Kong, which sought to prohibit the public from playing or performing the song, High Court judge Anthony Kin Keung Chan handed down a judgment on 28 July refusing to grant an interim injunction. The Department of Justice earlier applied for leave to appeal. On Wednesday (9th), it said the application was awaiting a court hearing and released its “draft grounds of appeal”.
In the grounds, the Department of Justice rebutted the trial court’s ruling point by point. It said that, after the Chief Executive issued a certificate under Article 47 of the National Security Law, the court should follow the executive authorities’ judgment and grant an interim injunction. It argued that the court lacked the specialist knowledge to make such a determination, and stressed that it could refuse to grant an injunction only in exceptional circumstances. The department also said the trial court had overlooked that court orders were necessary before major online platforms would remove false content, adding that the view that public education might be more effective was entirely unfounded and “divorced from reality”. The department reiterated that an injunction did not conflict with criminal prosecution but complemented it, describing the trial court’s comparison of the two as unrealistic.
律政司就《願榮光歸香港》申請禁制令案，禁止公眾播放或彈奏歌曲《願榮光》，高等法院法官陳健強 7 月 28 日頒下判詞，拒絕批出臨時禁制令。律政司早前提出上訴，周三（9 日）表示相關上訴許可申請，正等待法庭審理，並公開「草擬上訴理由書」。
律政司在理由書逐一反駁原審裁決，指行政長官根據《國安法》第 47 條發出證明書，法庭應遵從行政機關的判斷，批出臨時禁制令，認為法庭缺乏專業知識作判斷，強調法庭只能在特殊情況下，才可拒絕批出禁令。律政司又指，原審忽視須有法庭命令，各大網絡平台才願意移除不實內容；公眾教育或更有效一說，更是毫無根據及「偏離現實」。律政司重申，禁令與刑事檢控沒有衝突，相反是相輔相成，形容原審比較兩者是不切實際。
8 Aug 2023集誌社#8158
蘋果停運｜蘋果資金被凍逾兩年 33前員工入稟勞審追 247萬元欠薪勝訴
Apple Daily has been closed for more than two years, while its funds, frozen in 2021 by then Secretary for Security John Lee under the National Security Law, remain frozen. Thirty-four former Apple Daily employees filed claims with the Labour Tribunal against Apple Daily Limited for unpaid wages, payment in lieu of notice, paid annual leave and year-end remuneration. The case was heard at the Labour Tribunal today (the 8th), with no company representative present. Thirty-three claimants were ruled successful, with claims totalling HK$2.474 million. One claimant was questioned by the adjudicator over whether he was an employee or self-employed, and ultimately withdrew his claim.
《蘋果日報》停運逾兩年、資金在 2021年，被時任保安局局長李家超按《港區國安法》凍結至今，仍未「解封」。 34 名前《蘋果》員工入稟勞資審裁處，向「蘋果日報有限公司」申索欠薪、代通知金、有薪年假及年終酬金等。案件今日（ 8 日）在勞審處提訊，公司無代表出席。 33 名申索人被裁定勝訴，申索金額合共 247.4 萬元。一名申索人被審裁官質疑屬僱員或自僱，他最終撤回申索。
8 Aug 2023法庭線#8159
4人暴動無罪被裁發還重審 辯方申押後待上訴、陳虹秀庭外稱申上訴至終院
Former District Court judge Siu Man Sham found six people not guilty of “conspiracy to riot” in two cases in 2020 and 2021, and acquitted eight people, including social worker Chan Hung-sau, of “riot”, bringing the total acquitted to 14. The Department of Justice appealed the acquittals of 13 of them. The Court of Appeal allowed the Department of Justice’s appeal, overturned the acquittals of four people, including Chan Hung-sau, and ordered that the cases be remitted to the District Court for retrial before another judge. The appeals concerning the other nine people were dismissed by the court because they had left Hong Kong.
The case came before the District Court on Tuesday (the 8th). Counsel for Chan Hung-sau said that the defence hoped the case could be dealt with after Chan had appealed. Judge Ko King-shiu adjourned the case to 23 January 2024 for a further hearing, when the progress of the case will be reviewed. Chan Hung-sau said outside court that she had written to the Court of Appeal to apply for an appeal to the Court of Final Appeal.
Under the law, a prospective appellant may apply to the Court of Appeal for a certificate to appeal to the Court of Final Appeal. If the Court of Appeal refuses to issue one, the applicant may still apply directly to the Court of Final Appeal’s Appeal Committee for both a certificate and leave to appeal.
已離職的前區院法官沈小民，分別於 2020 及 2021 年，在兩案中裁定 6 人「串謀暴動」罪，及包括社工陳虹秀等 8 人的「暴動」罪，共 14 人罪名不成立。律政司就當中 13 人的無罪裁決上訴，上訴庭裁定律政司上訴得直，撤銷當中 4 人包括陳虹秀的無罪裁決，下令發還區院由另一法官重審。另外 9 人則因已離境而獲法庭撤銷上訴。
案件周二（8 日）在區域法院提訊，代表陳虹秀的大律師指，希望待陳就案件上訴後再處理本案。法官高勁修將案件押後至 2024 年 1 月 23 日再訊，屆時再審視案件進展。陳虹秀在庭外表示，已去信上訴庭，申請上訴至終審法院。
根據法例，擬上訴人可向上訴庭申請上訴至終院的證明書，而假若上訴庭拒發，仍可直接向終院上訴委員會，一併申請證明書及上訴許可。
Translations are supplied by the source workbook. Consult the original reporting for context.
