7 Jul 2023法庭線#7946
7.21元朗｜4男事隔近4年被控暴動、串謀傷人 還押9.15再訊 據了解均為白衣人
Nearly four years after the 7.21 Yuen Long attack, four more men were charged with rioting and conspiracy to assault. They appeared at Fanling Magistrates’ Courts on Friday (the 7th). The four were not required to enter pleas. The prosecution applied to adjourn the case until Sept. 15 for the preparation of documents for transfer to the District Court, and the application was approved by Acting Chief Magistrate Cheng Nim-chi. The magistrate also denied bail, and all four were remanded in custody pending the next hearing. It is understood that all four were white-shirted men.
Police told The Witness in response to an inquiry that a total of 69 people had so far been arrested in connection with the 7.21 Yuen Long attack, aged between 18 and 87. Among them, 22 had been charged with rioting, while 14 had also been charged with conspiracy to wound with intent.
To date, eight white-shirted men have been convicted of rioting and sentenced to between three and a half and seven years in prison. One person was acquitted, and the Department of Justice has filed an appeal; another intends to plead guilty to rioting.
元朗 7.21 襲擊事隔近 4 年，再多 4 名男子被落案起訴暴動及串謀傷人罪，周五（7 日）在粉嶺裁判法院提堂。4 人暫毋須答辯，控方申請押後案件至 9 月 15 日再訊，以待準備轉介區域法院文件，獲署理主任裁判官鄭念慈批准。裁判官另拒絕被告保釋，4 人須還押候訊。據了解，4 人均為白衣人。
警方回覆《法庭線》查詢，指 7.21 元朗襲擊事件，目前共拘捕 69 人，年齡介乎 18 至 87 歲，其中 22 人被控暴動，14 人同時被控串謀有意圖而傷人。
事件至今有 8 名白衣人暴動罪成，判囚 3 年半至 7 年。一人脫罪，律政司已提出上訴；另一人則擬認暴動罪。
7 Jul 2023法庭線#7948
青年藏行山杖等被判無罪 律政司提上訴 高院下令發還原審重新考慮
On the morning of 2 September 2019, a 22-year-old man was stopped by police officers in Kwai Chung, who found a spanner and hiking pole in his possession. He was charged with one count of possessing an offensive weapon in a public place and was acquitted after trial. The Secretary for Justice, dissatisfied with the ruling, appealed by way of case stated. In a judgment handed down on Friday (the 7th), Court of First Instance Judge Cheung Wai-ling said the defendant’s claim of “self-defence” did not stand and that the trial court’s determination was “contrary to common sense”. She ordered the case to be sent back to the trial court to reconsider whether he was guilty.
2019 年 9 月 2 日清晨，22 歲男子在葵涌遭警員截停，搜出士巴拿及行山杖。他被控一項在公眾地方管有攻擊性武器罪，經審訊後被判無罪。律政司不服裁決，以案件呈述方式提出上訴。高院原訟庭法官張慧玲周五（7 日）頒判詞指，被告「自衛」說法不成立，原審作出的裁斷是「有悖常情」，下令案件發還原審，重新考慮是否罪成。
5 Jul 2023獨媒#7932
地盤工被指企圖搶槍囚7年 不服刑期上訴遭駁回 維持原判
During the “blossoming in 18 districts” protests on 13 October 2019, an 18-year-old student was being subdued by police when someone delivered a flying kick to an officer. A 31-year-old ironworker at the scene was accused of attempting to snatch a police officer’s shotgun. He was convicted after trial of attempted robbery and, together with guilty pleas to unlawful assembly and assaulting a police officer, was sentenced to a total of seven years’ imprisonment—the maximum term that could be imposed by the District Court. He appealed against the sentence, and the Court of Appeal heard the appeal today (5th). After hearing submissions, Justices Pang Wai-cheong and Pang Po-kam announced that the appeal was dismissed and the original sentence upheld. Written reasons will be handed down within six months. The appellant appeared calm after the judgment and waved to relatives and friends as he left.
2019年10月13日「18區開花」，一名18歲男生被警員制服期間，有人「起飛腳」踢警員，同場的31歲紮鐵工人則被指企圖搶走警員的散彈槍，經審訊後被裁定企圖搶劫罪成，連同認罪的非法集結及襲警，合共判監7年，為區域法院可判處刑期上限。他不服刑罰提上訴，上訴庭今（5日）進行上訴聆訊。法官彭偉昌和彭寶琴聽畢陳詞後，宣布駁回上訴，維持原判刑期，書面理由將於6個月內頒布。上訴人聞判後表現平靜，離開時亦有向親友揮手。
5 Jul 2023法庭線#7933
7.1立會｜患思覺失調男生庭上情緒激動 官指願給予空間 若情況持續或撤銷擔七一立法會暴動案，周四（6 日）在西九龍裁判法院（暫代區院）踏入第 21 天審訊。因應辯方早前指，難以向案發時 21 歲、患自閉和思覺失調等症的男生索取指示，控方周四傳召多名警員作供，就男生的案情採取「嚴格舉證」（strict proof）。
警員作供時，男生一度情緒激動，稱「講完未？講完就快啲走」，須由父親和代表大狀安撫。暫委法官李志豪指會採納醫生建議，給予一定空間和時間予男生，但若情況持續，有理由相信他有心拖延，屆時或考慮撤銷其擔保。休庭後辯方確認被告已平伏情緒，可繼續審訊。案件周五（7 日）續審，控方續傳召警員作供。
The July 1 Legislative Council riot case entered its 21st day of trial on Thursday (6th) at the West Kowloon Magistrates’ Courts, sitting as the District Court. After the defence previously said it was difficult to obtain instructions from the man, who was 21 at the time of the incident and has autism and psychosis among other conditions, the prosecution called several police officers to testify on Thursday and adopted “strict proof” in relation to the man’s case.
The man became agitated while the officers were giving evidence, saying, “Have you finished? If you have, leave quickly,” and had to be calmed by his father and defence barrister. Acting judge Juleus Chee Ho Lee said the court would follow the doctor’s advice and give the man some space and time, but if the situation continued and there were reason to believe he was deliberately delaying proceedings, the court might consider revoking his bail. After the adjournment, the defence confirmed that the defendant had calmed down and that the trial could continue. The case will resume on Friday (7th), when the prosecution will continue calling police officers to testify.
七一立法會暴動案，周四（6 日）在西九龍裁判法院（暫代區院）踏入第 21 天審訊。因應辯方早前指，難以向案發時 21 歲、患自閉和思覺失調等症的男生索取指示，控方周四傳召多名警員作供，就男生的案情採取「嚴格舉證」（strict proof）。
警員作供時，男生一度情緒激動，稱「講完未？講完就快啲走」，須由父親和代表大狀安撫。暫委法官李志豪指會採納醫生建議，給予一定空間和時間予男生，但若情況持續，有理由相信他有心拖延，屆時或考慮撤銷其擔保。休庭後辯方確認被告已平伏情緒，可繼續審訊。案件周五（7 日）續審，控方續傳召警員作供。
4 Jul 2023法庭線#7922
逃犯條例｜法委會「鬧雙胞」被控違特權法 林卓廷不認罪 控方料2024年初開審
During the Legislative Council’s consideration of the 2019 amendments to the Fugitive Offenders Ordinance, the pro-establishment and pan-democratic camps each put forward a candidate to chair the Bills Committee, resulting in rival claimants to the post. In May that year, several pan-democratic lawmakers blocked the pro-establishment camp from escorting Abraham Razack, who had been elected chair, into a meeting. Seven pan-democratic lawmakers were subsequently charged with violating the Legislative Council (Powers and Privileges) Ordinance.
Lam Cheuk-ting, then a Legislative Council member, faces two charges. The case was mentioned again at West Kowloon Magistrates’ Courts on Tuesday (the 4th). Chief Magistrate Lo Tak-chuen said the trial had originally been scheduled for August but was adjourned because Lam was involved in “another High Court case”. The prosecution expected the trial in this case to begin in January 2024. Asked when the “High Court Court of First Instance case” could be completed, the defence said it hoped to finish the evidence stage before next year and was discussing the matter with the prosecution, with the trial date in this case to be set according to its progress. The magistrate ultimately directed both sides to monitor the progress of the “High Court case”, with the date of the next hearing to be fixed.
Lam had earlier given up bail in this case, saying he would “go in and sit it out first”. On Tuesday, the defence applied to reinstate bail. The application was granted with bail set at HK$500, but Lam must remain in custody in relation to the “primary election case”.
立法會 2019 年審議《逃犯條例》修訂法案，建制派及民主派分別派員爭奪法案委員會主席之位，最後「鬧雙胞」。同年 5 月，建制派護送獲推舉的石禮謙開會時，被多名民主派議員阻止，其後 7 名民主派議員被控違反《立法會（權力及特權）條例》。
時任立法會議員林卓廷被控 2 罪，案件周二（4 日）在西九龍裁判法院再提堂。主任裁判官羅德泉指，案件原定 8 月開審，惟因林涉「另一高院案件」而押後；控方料本案可於 2024 年 1 月開審。羅問及「（高院）原訟庭案件可以幾時做完？」，辯方稱冀於明年前完成證據部分，正與控方商討，將按其進度定本案審期。裁判官最終著雙方留意「高院案」進度，下次聆訊日期待定。
另外，林卓廷早前放棄本案保釋、稱「早啲入去坐住先」；辯方周二申請恢復擔保，獲准以 500 元擔保，惟林須就「初選案」繼續還押。
4 Jul 2023獨媒#7925
36歲男涉元朗拆國旗區旗擲落明渠 警方：未能確定犯案動機
Police arrested a 36-year-old man today. He is suspected of removing a national flag and a regional flag hanging from roadside railings outside Long Ping West Rail Station in Yuen Long last night and throwing them into an open drain. He was accused of committing criminal damage. Police said they had been unable to establish the man’s motive and would investigate from multiple angles.
警方今日拘捕一名36歲男子，他涉嫌昨晚在元朗朗屏西鐵站外，將路邊欄杆懸掛的國旗及區旗拆下，擲落明渠，被指干犯「刑事毀壞」罪。警方表示，未能確定該名男子的犯案動機，會透過多方面調查了解。
4 Jul 2023法庭線#7928
逃犯條例｜法委會「鬧雙胞」被控違特權法 林卓廷不認罪 控方料2024年初開審
During the Legislative Council’s consideration of the 2019 Fugitive Offenders Ordinance amendment bill, the pro-establishment and pan-democratic camps separately fielded members to contest the chairmanship of the Bills Committee, resulting in two rival committees. In May that year, several pan-democratic legislators prevented pro-establishment legislators from escorting elected chairman Abraham Razack to a meeting. Seven pan-democratic legislators were subsequently charged with offences under the Legislative Council (Powers and Privileges) Ordinance.
Lam Cheuk-ting, then a Legislative Council member, faces two charges. The case was mentioned again at West Kowloon Magistrates’ Courts on Tuesday (the 4th). Chief Magistrate Lo Tak-shun said the case had originally been scheduled for trial in August but was adjourned because Lam was involved in “another High Court case”. The prosecution expected the trial in this case to begin in January 2024. In response to the magistrate’s question about when the High Court Court of First Instance case could be completed, the defence said it hoped to complete the evidence stage before next year and was discussing the matter with the prosecution, with the trial dates for this case to be fixed according to its progress. The magistrate ultimately directed both sides to monitor the progress of the “High Court case”, with the date of the next hearing yet to be fixed.
Lam had earlier waived bail in this case, saying he would “go in and sit it out first”. On Tuesday, the defence applied to reinstate bail. The application was granted on a HK$500 surety, but Lam must remain in custody in connection with the “primary election case”.
立法會 2019 年審議《逃犯條例》修訂法案，建制派及民主派分別派員爭奪法案委員會主席之位，最後「鬧雙胞」。同年 5 月，建制派護送獲推舉的石禮謙開會時，被多名民主派議員阻止，其後 7 名民主派議員被控違反《立法會（權力及特權）條例》。
時任立法會議員林卓廷被控 2 罪，案件周二（4 日）在西九龍裁判法院再提堂。主任裁判官羅德泉指，案件原定 8 月開審，惟因林涉「另一高院案件」而押後；控方料本案可於 2024 年 1 月開審。羅問及「（高院）原訟庭案件可以幾時做完？」，辯方稱冀於明年前完成證據部分，正與控方商討，將按其進度定本案審期。裁判官最終著雙方留意「高院案」進度，下次聆訊日期待定。
另外，林卓廷早前放棄本案保釋、稱「早啲入去坐住先」；辯方周二申請恢復擔保，獲准以 500 元擔保，惟林須就「初選案」繼續還押。
1 Jul 2023獨媒#7901
Google 提出須有法庭手令才可移除《願榮光》孫東：就用法律手法解決
The Government earlier filed an application for an injunction to ban the broadcasting of “Glory to Hong Kong”, with a hearing held at the High Court on the 21st of this month. Sun Dong, Secretary for Innovation, Technology and Industry, explained on a radio programme that when the Government previously asked Google to place the correct national anthem at the top, Google said it would require proof that the song violated local law and a court order before removing it. The Government therefore sought to resolve the issue through legal means. He said: “Since you raised the issue of the law, we will use legal means to resolve it.”
政府早前入稟申請禁制令禁播《願榮光歸香港》，並於本月21日在高等法院聆訊。創新科技及工業局局長孫東在電台節目解釋，早前要求Google 將正確國歌置頂時，對方提出須證明歌曲有違當地的法律，以及有法庭手令才會移除，故政府才以法律解決問題，「既然你提出法律的問題，我們用法律的手法去解決問題」。
30 Jun 2023法庭線#7894
2020年六四集會案｜黎智英罪成囚13月 上訴許可排期11.28審理
Police banned the June 4 assembly in Victoria Park for the first time in 2020. Twenty-six people from the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and the pro-democracy camp went to Victoria Park on their own to commemorate June 4, and were charged with inciting and taking part in an unauthorised assembly, among other offences. Among them, Next Digital founder Jimmy Lai, former Hong Kong Alliance vice-chairperson Chow Hang-tung and Gwyneth Ho were convicted after trial and sentenced to between six and 13 months in prison. Judge Amanda Jane Woodcock said the government’s implementation of epidemic-prevention measures was not political suppression but aimed at preventing the spread of the epidemic, but the defendants disregarded the actual public-health crisis.
Jimmy Lai, who was sentenced to 13 months in prison, was dissatisfied with his conviction and sentence and applied for leave to appeal out of time. The Judiciary’s website shows that the case is scheduled to be heard on Nov. 28.
警方 2020 年首次禁止維園六四集會，支聯會和民主派等 26 人自行到維園悼念，被控煽惑及參與未經批准集結等罪。當中壹傳媒創辦人黎智英、前支聯會副主席鄒幸彤和何桂藍，經審訊後被裁定罪成，被判監禁 6 至 13 個月。法官胡雅文指，政府實行防疫措施，不是政治打壓，而是防止疫情擴散，但被告無視實際的公共衞生危機。
被判監禁 13 個月的黎智英，不服定罪及判刑，申請逾期上訴許可。司法機構網頁顯示，案件排期 11 月 28 日審理。
29 Jun 2023法庭線#7879
政府拒承認同性海外婚姻 岑子杰提終極上訴 擇日頒判詞
Jimmy Sham, a member of Rainbow Action and former convenor of the Civil Human Rights Front, earlier lost a judicial review over Hong Kong law’s refusal to recognise same-sex marriages conducted overseas. After his appeal against the ruling was dismissed, he lodged a final appeal. The case continued at the Court of Final Appeal on Thursday (29th).
「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性婚姻提司法覆核敗訴。他不服判決提出上訴被駁回，遂再提終極上訴。案件周四（29 日）於終審法院續審。
上訴方強調，除了在法律上認可同性伴侶的關係，亦希望可保障他們的「核心權利」，並向法庭提供「核心權利」列表，認為法庭不單要指出現行政策的過錯（what done wrong），亦要指出必須要做的事（what must be done）。律政司一方批評，「核心權利」的概念太模糊不清、不確定，毫無疑問將來會引起更多爭議。終院首席法官張舉能、常任法官李義、霍兆剛、林文瀚、非常任法官祈顯義聽畢雙方陳詞，擇日頒下判詞。
Translations are supplied by the source workbook. Consult the original reporting for context.
