29 Jun 2023法庭線#7880
11.18油麻地｜8人認暴動囚32至45月 官：看不見法律與秩序，聽不到人性的呼喚
In November 2019, police cordoned off the Polytechnic University campus, prompting members of the public to launch a “besieging Wei to rescue Zhao” operation. Fourteen men and women were accused of participating in a riot in Yau Ma Tei. Eight later pleaded guilty and, having been remanded in custody, were sentenced to between 32 and 45 months’ imprisonment at the District Court on Thursday (the 29th).
2019 年 11 月警方圍封理大校園，市民遂發起「圍魏救趙」行動，14 名男女被指於油麻地參與暴動，其中 8 人先後認罪，還押至周四（29 日）在區域法院，被判囚 32 至 45 個月不等。
法官陳廣池指，政治販子和暴動推手以「圍魏救趙」的奇怪主意鼓動他人，令大批思想單純、滿腔熱血及不知就裡的人湧上街頭。法官批評，被告看不見法律與秩序，聽不到人性的呼喚，赤裸裸地把自己變了一個不動手的「暴徒」。
有被告家屬聽取判刑時抽泣，旁人輕拍安慰。各被告步入羈留室前，均向旁聽親友揮手道別，有人雙手舉起拇指、抬起眉毛示意。
28 Jun 2023法庭線#7870
20歲男子涉入侵TVB App「出Push」 官指損無綫電視公信力 判200小時社服令
A 20-year-old man was convicted of criminal damage after allegedly hacking the TVB News mobile application last year and sending multiple push notifications. He was sentenced to 200 hours of community service at Kwun Tong Magistrates’ Courts on Wednesday (28th). In sentencing, Magistrate Lau Yee-wan said the messages sent by the defendant misled the public and harmed TVB’s image and credibility. She rejected the probation report’s recommendation of 80 hours of community service and imposed a higher number of service hours.
20 歲男子去年被指入侵《無綫新聞》手機應用程式，發出多條推送通知，被裁定刑事損壞罪成，周三（28 日）在觀塘裁判法院被判 200 小時社會服務令。裁判官劉綺雲判刑時指，被告所發的訊息誤導大眾，有損無綫電視的形象及公信力，拒絕採納感化報告建議 80 小時社服令，判處更高的服務時數。
28 Jun 2023法庭線#7871
7.1立會｜官拒患思覺失調被告拆案 警否認要求另一被告「是但」指出撞玻璃位置
In the 1 July Legislative Council riot case, acting judge Juleus Chee Ho Lee earlier ruled that a male defendant, who was 21 at the time of the incident and has psychosis and autism among other conditions, was fit to stand trial. The defence applied on Tuesday (27th) for the case to be severed and heard by another judge. On Wednesday (28th), the judge at the West Kowloon Magistrates’ Courts, sitting as the District Court, rejected the application and said detailed reasons would be issued later.
In another dispute involving a defendant, it had earlier been alleged that he confessed after being threatened by Hong Kong police while detained in mainland China. During questioning by the defence on Wednesday, a police officer denied telling the defendant to point out “any one” piece of glass as the location struck during the incident when reconstructing the case at the Legislative Council.
The prosecution applied to adjourn the case until Thursday (29th) for trial to continue, when witnesses from the Legislative Council Secretariat, including Secretary General Kenneth Wei On Chen, will be called. The judge granted the application. The defendants who have pleaded not guilty were allowed to remain on bail.
七一立法會暴動案，暫委法官李志豪早前裁定一名案發時 21 歲，患思覺失調和自閉症等的男生適宜審訊；辯方於周二（27 日）申請分拆案件，由另一位法官審理。法官周三（28 日）在西九龍裁判法院（暫代區院）裁定不接納分案申請，稍後頒布詳細理由。
至於另一被告早前爭議，曾於內地被扣押時，受港警威嚇而招認，警員周三接受辯方盤問，否認帶被告到立法會重組案情時，曾著被告指出「是但一塊」玻璃為案發時撞擊的位置。
控方申請押後案件至周四（29 日）續審，將傳召立法會秘書處證人，包括立法會秘書長陳維安；法官批准。不認罪被告續准保釋。
26 Jun 2023法庭線#7857
11.11馬鞍山「火燒人」｜夫婦涉指罵事主裁無罪 高院發還原審重新考慮 7.14審訊
On 11 November 2019, a middle-aged man in Ma On Shan shouted abuse at a black-clad person suspected of damaging MTR facilities. He later got into an argument with someone else, after which flammable liquid was poured over him and he was set on fire. A married couple were accused of shouting remarks including “Go back to the Greater Bay Area” and “Leave, Chinese” at the man. They were found not guilty in 2020 of the offence of behaving in a disorderly manner in a public place. The Department of Justice appealed against the decision and earlier obtained approval from High Court Judge Cheung Wai-ling to remit the case for the trial court to reconsider its ruling.
The case came before Eastern Magistrates’ Courts on Monday (the 26th). Principal Magistrate Tsui Yee-wai adjourned it to July 14 for continuation, with the hearing expected to deal only with submissions and not evidence. Both defendants were allowed to remain on bail.
2019 年 11 月 11 日，一名中年漢在馬鞍山，追罵疑破壞港鐵設施的黑衣人，及後再與人爭執，被淋潑易燃液體及點火。一對夫婦被指曾叫中年漢「返大灣區啦」、「你走啦，中國人」等，於 2020 年被裁定「公眾地方作出擾亂秩序行為」罪不成立。律政司不服上訴，早前獲高院法官張慧玲批准，發還原審重新考慮裁決。
案件周一（26 日）於東區裁判法院提堂，主任裁判官徐綺薇將案件排期至 7 月 14 日續審，預料僅處理陳詞、不牽涉證供。兩人續准保釋。
23 Jun 2023法庭線#7850
11.12中環｜6人暴動罪成囚4年至4年1月
During the “Lunch With You” gathering in Central on 12 November 2019, nine people, including teachers and social workers, were charged with rioting and other offences. Six had earlier been found guilty and were remanded in custody until Friday (23rd), when they were sentenced at the District Court to between four years and four years and one month in prison.
Judge Yiu Fan-chi said more than 1,000 people took part at the peak of the riot, and the level of violence was high, involving damage to transport facilities, arson and throwing bricks. This caused serious damage to roads and transport facilities, inconvenienced members of the public and required substantial public expenditure for repairs. However, taking into account that none of the defendants was a leader and that more than three years had passed since the incident, with it clearly having had a major impact on them, he decided to reduce the sentences.
2019 年 11 月 12 日中環「和你 lunch」中，9 人包括教師、社工被控暴動等罪，其中 6 人早前被裁定罪成，還押至周五（23 日）在區域法院，分別被判囚 4 年至 4 年一個月。
法官姚勳智表示，是次暴動高峰時逾千人參與，且使用暴力的程度高，涉及破壞交通設施、縱火及擲磚等，導致馬路和交通設施嚴重受損，對公眾人士造成不便，須動用龐大公共開支作維修，但考慮到各被告並非領導者，且案發至今約 3 年多，顯然受重大影響，決定將刑期下調。
21 Jun 2023獨媒#7839
記協指考慮介入《願榮光》禁制令案 或申請增加新聞工作豁免條款
The Government earlier filed an application with the court for an injunction prohibiting the playing of “Glory to Hong Kong” (Department of Justice files injunction application to ban public playing of “Glory to Hong Kong”; lyrics and melody resembling those of the song would also be prohibited). The application will be heard in the High Court on 21 July. The Hong Kong Journalists Association said in a statement today (21st) that it would consider intervening in the case and applying to the court for additional exemption provisions for journalistic work, in order to protect journalists’ work. The association said it had engaged lawyers and written to the Department of Justice to obtain the relevant legal documents. It stressed that it had no intention of publishing or uploading the song and was therefore not seeking to become a respondent in the case.
政府早前入稟法庭申請禁制令，禁止播放《願榮光歸香港》，（律政司入稟申請禁制令 禁公眾播放《願榮光》 歌詞旋律雷同亦禁），將於7月21日在高等法院聆訊。記協今（21日）發聲明指，會考慮介入案件，向法庭申請增加新聞工作方面的豁免條款，以保障新聞工作者的工作。記協透露已委聘律師並致函律政司索取相關法律文件，並強調無意發佈或上載有關歌曲，故並非要求成為案件的答辯人。
21 Jun 2023法庭線#7841
《願榮光》禁令案｜律政司：一市民擬提抗辯、另一組織擬以利害關係方參與
The Department of Justice applied to the High Court in early June for an injunction and an interim injunction to prohibit the public from playing or performing the song “Glory to Hong Kong”. The case will be heard on 21 July. Under a court order, anyone intending to oppose the application was required to notify the police, with the deadline expiring on Wednesday (21 June).
The Department of Justice told The Witness on Wednesday night that, as of 21 June, it had received notification from one member of the public intending to defend the proceedings. It had also received notification from an organisation intending to participate in the proceedings as an interested party. It said the case would be handled in accordance with the law and the court’s directions, and that it would not comment further on the details.
The Hong Kong Journalists Association also issued a statement on Wednesday saying that it had written to the Department of Justice to request the relevant legal documents. It said that, if necessary, it would consider applying to the court to intervene in the case, “seeking to add an exemption clause relating to journalistic work to safeguard journalists’ work”.
律政司 6 月初入稟高院申請禁制令及臨時禁制令，禁止公眾播放或彈奏歌曲《願榮光歸香港》，案件將於 7 月 21 日審理。按法院命令，擬提出反對者需通知警方，期限周三（21 日）屆滿。
律政司晚上回覆《法庭線》指，截至 6 月 21 日，收到一名市民通知擬就法律程序提出抗辯，同時有一個組織通知擬以有利害關係的一方的身分參與法律程序，又指會依法及按法庭的指示處理案件，不會對案件細節作進一步評論。
記協周三（21 日）亦發聲明，指已致函律政司，向其索取相關案件的法律文件，又表明如有需要，會考慮向法庭申請介入案件，「申請新增新聞工作方面的豁免條款，以保障新聞工作者的工作」。
19 Jun 2023法庭線#7825
警方引《國安法》細則查新聞材料 黎智英申上訴至終院被駁回
On 10 August 2020, the National Security Department arrested Next Digital founder Jimmy Lai, his two sons and several senior group executives, and seized a large quantity of materials under a court warrant. Three days later, Lai filed an application seeking the return of the “journalistic materials”, and the court subsequently ordered that the materials be sealed temporarily. On 8 July 2022, police obtained a new search warrant under the Implementation Rules for the National Security Law, authorising the search of more than about 8,000 items of “journalistic materials” obtained from Lai’s phone.
After losing a judicial review, Lai’s appeal was also dismissed by the Court of Appeal. Dissatisfied with the decision, Lai applied to the Court of Appeal for a certificate to appeal to the Court of Final Appeal. Chief Justice Andrew Cheung, Court of Appeal Vice-President Susan Shuk Hing Kwan and Carlye Fun Ling Chu handed down their judgment on Monday (19th), saying that the legal arguments advanced by Lai’s side had never been raised in previous applications. As police had already reviewed the relevant materials, the issue had become an academic discussion. They refused to grant a certificate for appeal and ordered Lai to pay the costs.
2020 年 8 月 10 日，警方國安處拘捕《壹傳媒》創辦人黎智英、其兩名兒子和多名集團高層，並按法庭手令檢取大批資料。黎智英 3 天後入稟要求歸還「新聞材料」，法庭其後下令暫時封存資料。警方 2022 年 7 月 8 日，據《國安法實施細則》申獲新搜查令，容許搜查從黎手機取得、約 8,000 多項「新聞材料」。
黎智英提出司法覆核敗訴後，上訴至上訴庭同遭駁回。黎智英不服決定，向上訴庭申請上訴至終院的證明書。首席法官潘兆初、上訴庭副庭長關淑馨及朱芬齡周一（19 日）頒下判詞，指黎一方提出的法律觀點，在過往申請從未提及，加上警方已檢閱相關資料，議題淪為學術討論，拒絕批出上訴證明書，並下令黎須付訟費。
16 Jun 2023法庭線#7822
保險經紀涉向法官發送威嚇字句 原被控藐視法庭 律政司改控刑事恐嚇
A 45-year-old female insurance broker accused of sending threatening messages to a District Court judge appeared at Eastern Magistrates’ Courts again on Friday (16th). She had earlier been charged with one count of criminal contempt of court. The prosecution amended the charge to one count of criminal intimidation. The defendant was not required to enter a plea for the time being, pending the defence arranging a meeting with a psychological expert and obtaining legal advice. The case was adjourned to July 28 for mention, and the defendant was remanded in custody.
一名 45 歲女保險經紀，被指向區域法院法官發送威嚇字句，早前被控一項刑事藐視法庭罪，周五（16 日）在東區裁判法院再提堂。控方改控被告一項刑事恐嚇罪。被告暫時毋須答辯，待辯方安排心理專家會面及提供法律意見。案件押後至 7 月 28 日再訊，被告繼續還押。
14 Jun 2023法庭線#7805
《願榮光》禁令案｜政府3網站發布禁制令傳票 有意抗辯須6.21或之前交資料
The Department of Justice earlier filed an application for an injunction prohibiting the public from playing or performing the song ‘Glory to Hong Kong’. The case came before the High Court for a directions hearing on Monday (12th), and July 21 was set for dealing with the application for an interim injunction. The government said on Wednesday (14th) that it had uploaded the relevant documents to three websites. Those intending to contest the application may do so by June 21, and must go to the report room of Wan Chai Division Police Station to submit the personal particulars specified by the court and, within seven days of receiving the relevant documents, submit written grounds of objection.
律政司早前入稟申請禁制令，禁止公眾播放或彈奏歌曲《願榮光歸香港》，案件周一（12 日）在高等法院進行指示聆訊，排期 7 月 21 日處理臨時禁制令申請。政府周三（14 日）指，已把相關文件上載 3 個網站，而有意抗辯人士，可於 6 月 21 日或之前提出，並須到灣仔分區警署報案室，提交法庭指明的個人資料，在收悉相關文件後，7 天內提出書面反對理由。
Translations are supplied by the source workbook. Consult the original reporting for context.
