14 Jun 2023法庭線#7807
22歲男子公眾地方管武被判無罪 律政司提上訴 官稱原審犯錯、傾向發還重新考慮
A 22-year-old casual hotel worker was stopped by police in Kwai Chung in the early hours of 2 September 2019 and was allegedly found carrying a spanner and a hiking stick. He was charged with one count of possessing offensive weapons in a public place. After trial, he was acquitted. The Department of Justice, dissatisfied with the verdict, lodged an appeal by way of case stated, which was heard in the High Court on Wednesday (14th).
The Department of Justice argued that the trial court had failed to consider the social circumstances at the time of the incident and considered that the young man must have intended to injure someone. It asked for the case to be remitted to the trial court for reconsideration. The defence argued that he might have used the items to “fend off” an attack, and that an intention to injure was not the only reasonable inference. After hearing submissions from both sides, Judge Cheung Wai-ling said she considered that the trial magistrate had erred and was inclined to remit the case for reconsideration. She will hand down judgment on a date to be fixed.
22 歲酒店散工於 2019 年 9 月 2 日清晨，在葵涌遭警截停，疑被搜出士巴拿及行山杖，遭控一項在公眾地方管有攻擊性武器罪。經審訊後被裁定罪名不成立，律政司不服裁決，以案件呈述方式提出上訴，周三（14 日）於高等法院審理。
律政司一方認為，原審沒有考慮案發時社會環境，認為青年當時必然有傷人意圖，希望可發還案件予原審重新考慮。但答辯方指，他可能用物品「擋」開攻擊，意圖傷人並非唯一合理推論。法官張慧玲聽畢雙方陳詞，表明認為原審裁判官有犯錯，傾向發還予原審重新考慮，將擇日頒下判詞。
13 Jun 2023法庭線#7802
《願榮光》禁令案律政司代表拒答姓名 紀錄顯示曾屬民事法律科 處理唐英傑覆核案
The Department of Justice earlier filed an application for an injunction to prohibit 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). The DOJ representative did not disclose her name to reporters that day, while the DOJ replied to media enquiries that it had “nothing to add” regarding her identity.
The Witness confirmed through two independent sources in the legal sector that the DOJ representative’s surname is Cheung. A review of records and archived webpages showed that she was in the Civil Law Division in 2019, serving as Acting Senior Assistant Solicitor General (Civil), and had represented the DOJ in 2021 in handling the judicial review brought by Tang Ying-kit, the defendant in the first National Security Law case, concerning the decision not to have a jury. However, Ms Cheung’s record is not currently shown in the government telephone directory.
The Witness again asked the DOJ on Tuesday (13th) whether it had declined to confirm her identity because the case involved national security and it was concerned that the personnel concerned might be sanctioned. The DOJ replied that it had “nothing to add”.
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。當日律政司代表未有向記者透露姓名，律政司同日回覆傳媒查詢，就該代表身分表示「沒有補充」。
《法庭線》從兩個來自法律界的獨立消息渠道確認，該名律政司代表姓張。翻查資料及網頁庫存，她於 2019 年隸屬民事法律科，職位為署理高級助理民事法律專員；並曾於 2021 年代表律政司，處理《國安法》首案被告唐英傑就不設陪審團提出的司法覆核。惟現時在政府電話簿中，未有顯示張女士的紀錄。
《法庭線》周二（13 日）再向律政司查詢，是否因涉及國安相關案件，擔心有關人員被制裁而拒確認其身分等問題，獲回覆指「律政司沒有補充」。
12 Jun 2023法庭線#7798
律政司申令禁播《願榮光》 案件7.21審理 官要求澄清是否不包括「全世界」
The Department of Justice filed an application with the High Court last Monday (the 5th), seeking an injunction prohibiting the public from broadcasting, performing or disseminating the song “Glory to Hong Kong” on any platform. The case had a court directions hearing on Monday (the 12th). Judge Chan Ka-shun asked the Department of Justice to clarify the identity of the “defendants”. The Department said the injunction was not directed at the whole world, but at “people who are carrying out the relevant prohibited acts” and “people who intend to carry out the relevant prohibited acts”. The court also discussed how documents relating to the injunction should be served on the “defendants”. The Department proposed publishing the documents on the websites of the Police, the Department of Justice and the Hong Kong Government, posting QR codes linking to the documents in police station report rooms, and issuing a press release. The case is scheduled to be heard on July 21.
律政司上周一（5 日）入稟高等法院，要求法庭為歌曲《願榮光歸香港》頒下禁制令，禁止公眾廣播、演奏或在任何平台傳播歌曲。案件周一（12 日）進行「法庭指示」聆訊。
法官陳嘉信要求律政司釐清「被告」身分，律政司一方表示，禁制令不是針對全世界，而是「正在進行相關禁制行為的人」，以及「有意圖進行相關禁制行為的人」。
另外，庭上討論如何向「被告」送達禁制令相關文件，律政司一方建議在警方、律政司及香港政府官網發布文件、在警署報案室張貼連結至該文件的二維碼，以及發布新聞公報。案件排期 7 月 21 日審理。
11 Jun 2023法庭線#7797
6.12四周年｜暴動案數據分析 58%審結 382人罪成判囚 近半料2025年或之後出獄
On 12 June 2019, the controversial Fugitive Offenders Ordinance amendment bill was originally scheduled to resume its second reading in the Legislative Council. With police maintaining tight security, protesters occupied Admiralty and threw objects at police. Police cleared the area using tear gas, rubber bullets and beanbag rounds, triggering the first major clash between police and protesters and opening the prelude to a series of subsequent conflicts. From the 1 July Legislative Council storming, the 5 August “three-strike” action, the 29 September anti-totalitarian march and the 6 October march against the anti-mask law to the PolyU incident in November, police arrested more than 10,000 people during numerous clashes and prosecuted more than 2,900.
According to figures compiled by the reporter, as of 5 June 2023, 836 people had been charged with rioting. As some defendants faced more than one riot charge, the total involved 862 defendant instances. Some 58% of the cases had concluded, with a conviction rate of 87%. Most defendants were sentenced to imprisonment, and 46% received prison terms of four years or more. One female clerk involved in two riots received an aggregate sentence of six years and nine months. In addition, this year the courts for the first time imposed sentences of less than two years in cases arising from the anti-extradition bill riots. Five of those defendants were involved in the PolyU clashes and received prison terms ranging from one year and three months to one year and seven months. The Department of Justice, dissatisfied that the sentences were too short, applied for sentence reviews.
Meanwhile, the cases involving 156 people had yet to go to trial. For 52 defendants, the period from the incidents to the scheduled trial dates was expected to exceed four years. They included Lam Cheuk-ting and six others, who were among the defendants in the “47-person case” and were charged in the 21 July Yuen Long riot case, which is scheduled to go to trial in October 2023. The 1 July Admiralty case is scheduled to go to trial in March 2024.
Four years into the anti-extradition bill movement, people continued to be charged this year, including one person charged last month over the 12 June Admiralty riot. The Witness compiled the riot case figures and tracked prosecution progress, enabling society to continue monitoring the situation through the data. The reporter also attempted to calculate the defendants’ release dates. Assuming good behaviour in prison and a one-third sentence reduction, nearly half of the defendants sentenced to imprisonment are expected to be released in 2025 or later.
2019 年 6 月 12 日，引起廣泛爭議的《逃犯條例》修訂草案，原定在立法會恢復二讀，警方嚴密佈防，示威者佔領金鐘，並向警方投擲雜物。警方以催淚彈、橡膠子彈及布袋彈等武器清場，首度爆發警民衝突，並為日後連串衝突揭開序幕。從 7.1 衝擊立法會、8.5「三罷」、9.29「反極權遊行」、10.6 反《禁蒙面法》遊行，至 11 月理大事件等，警方在多場衝突拘捕逾萬人，起訴逾 2,900 人。
據記者統計，截至 2023 年 6 月 5 日，共 836 人被控暴動罪，由於部分被告面對多於一項暴動罪，故共涉及 862 人次，當中 58% 案件審結，定罪率為 87%。大部分被告被判監禁，有 46% 被告判監 4 年或以上，當中一名女文員涉兩場暴動，總刑期為 6 年 9 個月。另外，法庭今年首度就反修例暴動案，判處 2 年以下的刑期，當中 5 人涉理大衝突，被判監 1 年 3 個月至 1 年 7 個月。律政司不服刑期過短，提出刑期覆核。
另一邊廂，有 156 人的案件仍未開審，當中 52 名被告，由事發至開審日料相距逾 4 年，包括涉及「47 人案」被告林卓廷等 7 人被控 7.21 元朗暴動案，將於 2023 年 10 月開審；7.1 金鐘案則訂於 2024 年 3 月開審。
反修例運動至今 4 年，今年繼續有人被控，包括 1 人上月被控 6.12 金鐘暴動。《法庭線》整理暴動案件數字，追蹤檢控進度，讓社會透過數據，持續掌握相關情況。記者亦嘗試計算被告的出獄日期，假設他們獄中行為良好、減刑三分一，近半判囚被告料 2025 年或之後獲釋。
10 Jun 2023獨媒#7793
鄧炳強：律政司申禁播《願榮光》合適 歌詞煽動危害國家安全
The Department of Justice recently applied to the court for an injunction prohibiting the public from disseminating the song ‘Glory to Hong Kong’ online or on any platform. The case will be heard next Monday (the 12th). Secretary for Security Chris Tang said the song’s lyrics contain slogans that the court has ruled to be seditious, and that it has repeatedly been mistakenly treated as the national anthem, showing that there are circumstances endangering national security. He said, “The current situation may not be fully addressed, so using an injunction is an appropriate method.” He added that it was difficult to define the standards for illegality in general terms, and that the details would have to be determined by the court.
律政司日前向法庭申請禁制令，禁止公眾在網上或任何平台傳播歌曲《願榮光歸香港》，案件下周一（12日）開庭處理。保安局局長鄧炳強表示，該歌曲的歌詞含被法庭裁定煽動的口號，加上多次被誤當成國歌，反映有危害國家安全的情況，「現行嘅情況未必能夠百分百處理到，所以用禁制令係合適方法。」他又稱難以籠統界定違法標準，詳情須待法庭定奪。
9 Jun 2023法庭線#7785
康文署助理認9項煽惑不投票罪 判囚兩月、緩刑兩年 被告聞判與母相擁
The 48-year-old office assistant with the Leisure and Cultural Services Department was accused of publicly sharing posts by former Kwai Tsing district councillor Kwok Tsz-kin calling for a boycott of the 2021 Legislative Council election in nine Facebook groups. The defendant pleaded guilty on Friday (the 9th) at Eastern Magistrates’ Court to nine counts of inciting others not to vote, and was sentenced to two months’ imprisonment, suspended for two years.
The facts of the case stated that the defendant admitted reposting the posts under caution. In mitigation, the defence said the defendant was introverted, adding: “Looking at her phone and pressing the share button—that is what she enjoys doing every day.” She had not added any personal opinions to the posts and was “completely unfamiliar with politics”. The defence also said the defendant had low cognitive ability, had come to regret her actions and no longer used Facebook.
Chief Magistrate Tsui Yee-wai said the defendant’s conduct might affect the fairness of the election, but she was not the original author of the posts, and accepted that it had been an act of momentary foolishness. The defendant kept her head down throughout. After the magistrate reminded her that she could leave immediately and should not commit another offence, she walked towards the public gallery, where her mother embraced her.
48 歲康文署辦公室助理，被指於 2021 年立法會換屆選舉期間，將前葵青區議員郭子健呼籲杯葛選舉的帖文，公開分享至 9 個 Facebook 群組。被告周五（9 日）於東區裁判法院承認 9 項呼籲別人不投票罪，被判囚兩個月、緩刑兩年。
案情指，被告於警誡下承認轉發。辯方求情時指，被告性情內斂，「睇手機、撳掣分享，呢個就係佢每日 enjoy 嘅嘢」，在涉案帖文亦無加上個人意見，「完全對政治唔了解」；另指被告認知能力低，已感後悔、不再使用 Facebook。
主任裁判官徐綺薇指，被告行為或影響選舉公平性，但她並非帖文原創者，信納僅一時愚昧。被告一直低頭，裁判官提醒可即場離開、勿再犯案後，她走往旁聽席，其母親即與她相擁。
9 Jun 2023法庭線#7788
11.11馬鞍山「火燒人」｜夫婦涉指罵事主、受審後無罪 高院發還原審重新考慮
On 11 November 2019, a middle-aged man in Ma On Shan chased and verbally abused a black-clad person suspected of damaging MTR facilities. He later got into an argument with others, before flammable liquid was poured over him and set alight. A couple were accused of shouting at the man, including “Go back to the Greater Bay Area” and “Leave, Chinese person.” They were earlier found not guilty of the offence of disorderly conduct in a public place. The Department of Justice appealed by way of case stated.
High Court Judge Chang Wai-ling handed down her ruling on Friday the 9th, finding that the couple’s heckling “could be said to have added fuel to the fire” and was provocative. She ruled that the trial decision involved an error of law and remitted the case to the trial magistrate for the couple’s verdicts to be reconsidered on the basis of the existing evidence and the legal views provided by the High Court.
One of the couple argued that the magistrate’s assessment of the witnesses’ memories might no longer be reliable and that remitting the case would be unfair to them. The judge rejected the argument, saying that the trial did not need to hear the evidence again, and that it would instead be unfair to the Department of Justice if the couple had been acquitted because of an error of law.
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，早前被裁定公眾地方作出擾亂秩序行為罪不成立。律政司以案件呈述方式提出上訴。
高院法官張慧玲周五（9 日）頒下裁決，認為夫婦喧嘩行為「可說是火上加油」，帶有挑釁性，而原審裁決時法律上有出錯，將案發還原審裁判官席前，根據現有證據，再就高院提供的法律觀點，重新考慮二人裁決。
至於夫婦一方指，裁判官對證人作供的記憶或已不穩妥，發還案件予原審對二人不公，法官反駁指，原審毋須重新聽取證供，又指反而因法律上出錯而判無罪，是對律政司不公。
8 Jun 2023法庭線#6572
泰領事館外示威 前沙田區議會主席李志宏違限聚罪成 罰款6,000
In October 2020, several district councillors went outside the Royal Thai Consulate-General in Hong Kong to show support for anti-government protesters in Thailand. Many of them, including then Sha Tin District Council chair Zhihong (1967) Li, were prosecuted by police for breaching the prohibition on group gatherings. Li pleaded not guilty and stood trial. On Thursday (8th), the Eastern Magistrates’ Court found Li guilty and fined Li $6,000.
In her ruling, Acting Magistrate Chan Hei-Hei said freedom of assembly was not absolute and that public health and other considerations had to be maintained. She said police had set up a media area for the gathering and had taken enforcement action only after repeated warnings failed: “They did not impose a blanket ban on the gathering, showing a certain degree of tolerance,” and “the measures were reasonable and appropriate.”
In mitigation, the defence said Li was merely a participant. It also said that while serving as a district councillor, Li had “personally taken out a six-figure loan to keep the community office operating”, and was now repaying it through several part-time jobs while facing financial hardship. Li would also face another appeal case and might be remanded in custody in connection with that case. The magistrate ordered Li to pay the fine within three months.
2020 年 10 月，多名區議員到泰國駐港總領事館外，聲援泰國反政府示威者，當中多人被警方票控違反「限聚令」，包括時任沙田區議會主席李志宏。李不認罪受審，周四（ 8 日）於東區裁判法院被裁定罪成，罰款 6,000 元。
暫委裁判官陳樨樨裁決時指，集會自由非絕對，須維持公共衛生等，而警方為涉案聚集設記者區，加上多次發出警告不果、才執法，「冇一刀切阻止集會，顯示咗一定程度嘅容忍」，「措施合理恰當」。
辯方求情指，李僅屬參與者，另提他任職區議員期間，「私人作出 6 位數字嘅貸款維持社區辦事處運作」，如今以多份兼職還款、財政拮据，將面對另一宗上訴案件，可能因該案還押。官則著李於 3 個月內繳交罰款。
8 Jun 2023法庭線#6574
11.18油麻地｜4人暴動罪成 判囚4年5月至4年9月
In November 2019, police surrounded protesters inside the Polytechnic University. A total of 213 people were charged with rioting after allegedly taking part in the “surround Wei to rescue Zhao” action in Yau Ma Tei. In one case involving 18 people, five pleaded guilty before the trial began, while the remaining 13 were convicted after trial. Four of them were remanded in custody until Thursday (the 8th) and were sentenced to between 4 years 5 months and 4 years 9 months in prison at the West Kowloon Magistrates’ Courts, which was sitting temporarily as the District Court.
Acting Judge Ada Shun Yee Yim said the riot took place in an area densely packed with residential and commercial buildings. The protesters’ acts of destruction, including throwing petrol bombs, posed an actual and direct risk of personal injury and property loss. The judge described the circumstances as serious and the nature of the offences as grave, and said all the defendants, regardless of when they joined, must have known what was happening in the riot and had added to its strength, causing it to continue.
The judge said two defendants were each given an additional three months in prison: one for possessing an Allen key, and the other for confronting police at the front line while possessing zip ties and a laser pointer. The judge also took into account their positive lives and employment while awaiting trial, as well as their young ages at the time of the offences, when exercising discretion to reduce their sentences.
2019 年 11 月，警方圍堵理工大學內的示威者，213 人涉在油麻地「圍魏救趙」被控暴動。其中一宗涉及 18 人的案件，5 人開審前認罪，餘下 13 人經審訊後被裁定罪成。當中 4 人還押至周四（8 日）在西九龍裁判法院（暫代區院），被判囚 4 年 5 月至 4 年 9 月。
暫委法官嚴舜儀指，暴動發生於商住區林立地段，示威者擲汽油彈等破壞行為，帶來直接人身傷害和財物損失的實際風險，斥情節嚴重、性質惡劣；又認為各被告不論在何時加入，都一定知道暴動的實況，增加聲勢令暴動持續。
法官指，兩被告分別管有六角匙及在前排與警方對峙、管有索帶及鐳射筆，各加監 3 月；法官另考慮他們候審時積極生活和工作，案發時年輕等作酌情減刑。
7 Jun 2023法庭線#6569
律政司入稟申禁制令 禁公眾播《願榮光歸香港》 高院排期6.12聆訊
The Department of Justice filed an application with the High Court on Monday (the 5th), seeking an injunction against the song “Glory to Hong Kong” that would prohibit the public from broadcasting, performing or disseminating it on any platform.
The Judiciary’s website shows that a “court directions” hearing is scheduled for next Monday (the 12th). It will be handled by High Court Judge Chan Ka-shun and is expected to last 15 minutes.
The Witness asked the Judiciary and the Chief Executive’s Office whether Chan Ka-shun remains a designated judge under the National Security Law. The Judiciary did not respond directly, saying only that all judges or judicial officers hearing national security-related cases are designated judges during the proceedings. The Chief Executive’s Office said that, under Article 14 of the National Security Law, information about designated judges is not required to be made public.
律政司周一（5 日）入稟高等法院，要求法庭為歌曲《願榮光歸香港》頒下禁制令，禁止公眾廣播、演奏或在任何平台傳播《願榮光歸香港》。
司法機構網頁顯示，案件排期下周一（12 日）處理「法庭指示」聆訊，由高院法官陳嘉信負責，預計時間 15 分鐘。
《法庭線》向司法機構及特首辦查詢，陳嘉信是否仍是《國安法》指定法官，司法機構未正面回應，僅指所有審理國安有關案件的法官或司法人員，於審理期間均是指定法官。特首辦則指，按《國安法》第 14 條的規定，指定法官的資料毋須公開。
Translations are supplied by the source workbook. Consult the original reporting for context.
