16 Nov 2023集誌社#8653
大學衝突四年｜整合近 200 份判案書 盤點 327 名中大理大暴動案被告現況
Four years ago in November, clashes between police and protesters erupted at several universities during the anti-extradition bill movement. The clashes at CUHK and PolyU were the most intense, and more than 1,400 people were arrested at the two institutions combined. Four years on, how many of those arrested have been prosecuted or convicted? The police declined to provide the latest figures.
《集誌社》reviewed nearly 200 court judgments and collated media reports, finding that at least 327 people were charged with rioting in connection with the clashes at the two universities: 317 in relation to the PolyU clashes and 10 in relation to the CUHK clashes. Of the 327 defendants charged with rioting, 221 were convicted after trial or pleaded guilty; the longest sentence was 68 months. At least 23 of them were under 18 at the time of the incidents, and four were sentenced to between 30 and 60 months in prison.
四年前 11 月，反修例運動期間多間大學爆發警民衝突；其中，中大和理大衝突最激烈，兩所院校合共逾 1400 人被捕。四年過去，被捕的 1400 人中多少人被檢控、被定罪？警方拒提供最新數字。
《集誌社》翻查近 200 份法庭判案書、綜合傳媒報道，統計到兩間大學衝突中，最少 327 人被控暴動，其中 317 人涉理大衝突、另外 10 人涉中大衝突。327 名被告暴動人士中，221 人經審訊後罪成或認罪，最長被判刑 68 個月；而當中最少 23 人案發時 不足 18 歲，其中四人被判囚 30 至 60 個月。
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。
26 Mar 2023法庭線#6213
支聯會拒交資料案整合｜成立32年、收警信一個月解散 官裁控方毋須證外國代理人
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, established during the 1989 pro-democracy movement and organiser of an annual June 4 candlelight vigil in Victoria Park, received a notice from the Hong Kong Police Force’s National Security Department in the year after the Hong Kong National Security Law took effect. It was ordered to provide, within two weeks, information on all its staff since its establishment, activities held in Hong Kong and their co-organisers since 2014, and records including its assets, income and expenditure.
Five standing committee members, including vice-chair Chow Hang-tung, publicly denied being “foreign agents”, questioned the legal basis for the police’s request and said they would refuse to provide the information. They were subsequently arrested and charged. Police also searched the June 4 Museum and removed items including display boards and photographs. The Alliance announced its dissolution one month after receiving the police letter. Chow and two other standing committee members pleaded not guilty and stood trial, while the other two pleaded guilty.
The court ruled that the prosecution did not need to prove that the Alliance was a “foreign agent”. The prosecution also applied to have parts of the evidence, including portions of a National Security Department investigation report on the Alliance, covered by public interest immunity (PII) on the grounds that disclosure could prejudice the investigation, and the application was granted. A police superintendent from the National Security Department was also permitted to decide for himself whether to answer relevant questions from the defence in cross-examination.
The case was the first under the National Security Law involving the offence of failing to comply with a notice to provide information. It concluded at the Magistrates’ Court in March 2023, with the Alliance losing the case and the five people receiving sentences of three and four and a half months’ imprisonment. HKFP has compiled the key points from the hearings, including the rulings of the prosecution, defence and designated judge and Chief Magistrate Lo Tak-chuen, as well as the trial circumstances in which some evidence submitted to the court was covered under PII.
1989 年民運期間成立、每年在維園申辦六四燭光晚會的支聯會，在《港區國安法》生效翌年，接獲香港警方國安處發出的「遞交資料通知書」，被要求兩周內交出自成立起所有職員和 2014 年起在港所辦活動、共同組織者的資料，以及資產和收支等紀錄。
副主席鄒幸彤等 5 名常委公開否認是「外國代理人」，質疑警方沒合法基礎索取資料，表明拒交。5 人隨後被捕、被控，警方並搜查「六四紀念館」，帶走展板、圖片等物品。支聯會在接獲警方信件一個月宣布解散。鄒等 3 名常委不認罪受審；另兩名常委認罪。
法庭裁定控方毋須證明支聯會為「外國代理人」。而控方亦以避免妨礙調查為由，申請以「公眾利益豁免權」（PII）遮蓋呈堂證據，包括國安處對支聯會調查報告的部分內容，獲得批准。國安處一名警司證人，亦獲准自行決定是否回答辯方盤問的相關問題。
本案為《國安法》下「沒有遵從通知規定提供資料」罪的首案，2023 年 3 月在裁判法院審結；支聯會一方敗訴，5 人分別判囚 3 及 4.5 個月。《法庭線》整合聆訊重點，包括控辯和指定法官、主任裁判官羅德泉的裁斷、部分呈堂證據在 PII 下被遮蓋的審訊情況等。
Translations are supplied by the source workbook. Consult the original reporting for context.
