13 Sept 2024法庭線#4043
4港大生涉致謝梁健輝認罪判囚兩年 刑期上訴得直減至囚15月
The then-chairman of the University of Hong Kong Students’ Union Council Kinson Cheung King-sang, Students’ Union president Charles Kwok Wing-ho, and two council members Chris Todorovski and Anthony Yung Chung-hei were accused of moving and supporting a motion at a council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism” and pleaded guilty to the alternative charge of “inciting others to intentionally cause bodily harm”. They were each sentenced to two years’ imprisonment.
The four appealed against their sentences and the case was heard at the High Court on Friday (the 13th). After hearing submissions from both sides, the Court of Appeal found the trial court’s 35-month starting point for sentencing manifestly excessive. It held that the appropriate starting point was two years; after the 20% guilty-plea discount applied at trial and mitigating factors, the total sentence should be 15 months’ imprisonment. Some defendants’ family members wept after the ruling, while someone also shouted, “Happy birthday.”
The four began serving their sentences in September 2023 and have served about one year to date. Under the Prison Rules, prisoners may receive a remission of one-third of their sentence for good conduct. However, the Safeguarding National Security Ordinance Bill stipulates that prisoners serving sentences for offences endangering national security may receive remission for good conduct only if the Commissioner of Correctional Services is satisfied that this “will not be contrary to national security”.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪，承認交替控罪「煽惑他人有意圖而傷人」，被判監禁兩年。
4 人不服判刑提上訴，周五（13 日）在高等法院聆訊。上訴庭聽畢雙方陳詞，認為原審量刑起點 35 個月監禁明顯過重，適合量刑起點應為 2 年，扣除原審的 20% 認罪扣減、求情因素，總刑期應為 15 個月監禁。有被告家屬聞判哭泣，亦有人高呼「生日快樂」。
4 人於 2023 年 9 月起服刑，至今約一年。根據《監獄規則》，囚犯可因行為良好獲減刑三分一。惟《維護國家安全條例草案》訂明，因危害國安罪行服刑的囚犯，須獲懲教署署長信納「不會不利國家安全」，方可獲行為表現良好的減刑。
2 May 2024法庭線#3476
涉致謝七一刺警案疑兇認罪囚兩年 4港大生申刑期上訴許可 9.13開庭處理
The then-chairperson of the University of Hong Kong Students’ Union Council Kinson Cheung King-sang, Students’ Union president Charles Kwok Wing-ho, and two councillors Chris Todorovski and Anthony Yung Chung-hei were accused of moving and supporting a motion at a Council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of “inciting others to wound with intent” and were each sentenced to two years’ imprisonment. They successively applied to appeal their sentences in 2023.
The Judiciary’s website latest shows that the case is listed for Sept. 13 to deal with the four applications for leave to appeal against sentence. The hearing is expected to last one day, with 180 minutes allocated, although the judge who will hear the case has not yet been indicated.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》下「宣揚恐怖主義」罪。4 人承認交替控罪「煽惑他人有意圖而傷人」，各被判囚 2 年。4 人在 2023 年，先後提出刑期上訴。
司法機構網頁最新顯示，案件排期 9 月 13 日，處理 4 人的不服刑罰上訴許可申請，料審期 1 天、需時 180 分鐘，但暫未顯示由哪位法官審理。
23 Nov 2023法庭線#8685
4港大生涉致謝梁健輝認罪判囚兩年 全數4人提出刑期上訴
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the students’ union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a council meeting in 2021 thanking Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of “inciting others to wound with intent” and were each sentenced to two years’ imprisonment.
After Kinson Cheung King-sang and Chris Todorovski lodged sentence appeals on November 10, 2023, the other two, namely Charles Kwok Wing-ho and Anthony Yung Chung-hei, also appealed their sentences. However, court documents do not show when Kwok and Yung lodged their appeals. The Judiciary’s website currently shows that the case is still awaiting a hearing date.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及兩名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪。4 人承認交替控罪「煽惑他人有意圖而傷人」，各被判囚 2 年。
繼張敬生、杜林丞亨在 2023 年 11 月 10 日提出刑期上訴後，另外兩人即郭永皓、容頌禧亦提刑期上訴，不過法庭文件未顯示郭、容提出上訴日期。目前司法機構網頁顯示，案件仍待排期聆訊。
30 Oct 2023法庭線#8569
涉致謝梁健輝4港大生認煽惑傷警 各判囚兩年 官斥公器私用、濫用權力
The then chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were charged under the National Security Law with “advocating terrorism” over a motion they moved or supported at a council meeting in 2021 concerning Leung Kin-fai, the suspect in the July 1 police stabbing case.
The four pleaded guilty before trial to the alternative charge of “inciting another to wound with intent” and were each sentenced to two years in prison on Monday (30th). District Court judge Adriana Noelle Tse Ching said the motion was read out by Cheung, who invited Kwok to speak; Kwok and To Lam were respectively the mover and seconder, while Yung spoke on the motion. The judge said the four had acted jointly and described their conduct as “an abuse of power and using public office for private ends”, saying it had “caused social divisions and revived hostility towards the police”.
The judge also cited Kwok’s mitigation letter, which said members of the public were dissatisfied with, and even hated and resented, police officers because of “police violence, abuse of power and selective enforcement”. Kwok said he could not deny having similar sentiments at the time, and that he could not “against my conscience say that the police were completely free from making arbitrary arrests and abusing their power, with all responsibility lying with the protesters”. The judge questioned Kwok’s remorse but stressed that this would not affect his sentence.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及 2 名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪。
4 人開審前承認交替控罪「煽惑他人有意圖而傷人」，周一（30 日）各被判囚兩年。區院法官謝沈智慧指，議案由張讀出，並邀請郭發言；而郭和杜林分別為議案的動議人及和議人，容則有發言，指 4 人共同犯案，屬「濫用權力、公器私用」，「令社會撕裂和仇警重現」。
法官另引述郭在求情信稱，市民因「警察濫暴濫權、選擇性執法而不滿，甚至痛恨及仇視警員」，又稱不能否認自己當時亦有類似情緒，而自己亦「無法違心地說，警察完全沒有濫捕濫權，責任存（全）在示威者一方。」官指，質疑郭的悔意，但強調不會影響其判刑。
14 Sept 2023法庭線#8367
涉致謝梁健輝4港大生認煽惑傷警 官接納公開道歉等為有力求情 指屬主動放棄犯罪
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two councillors, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a 2021 council meeting concerning Leung Kin-fai, the suspect in the July 1 police stabbing case. They were charged under the National Security Law with “advocating terrorism”. Before the trial began, the four pleaded guilty to the alternative charge of “inciting others to wound with intent”.
The case came before the District Court for mitigation on Thursday (14th). The defence argued that the defendants should receive the full one-third reduction for pleading guilty, but Judge Adriana Noelle Tse Ching questioned this, saying that as the pleas were entered only at the pre-trial review, the defendants should receive only a 25% reduction under Court of Appeal guidelines. The judge also asked who had destroyed the defendants’ futures and said it was regrettable that he had to sentence promising young people. The defence further argued that the defendants’ public apologies and withdrawal of the motion were strong mitigating factors. The judge agreed, saying these amounted to “voluntary abandonment of the crime” under the National Security Law.
The prosecution also sought to submit new facts to correct a grammatical error, but the judge rejected the request emphatically. The case was adjourned until next Wednesday for further mitigation proceedings, and the four were allowed to remain on bail.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，以及 2 名評議員杜林丞亨和容頌禧，被指於 2021 年評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控《國安法》「宣揚恐怖主義」罪。4 人開審前承認交替控罪「煽惑他人有意圖而傷人」。
案件周四（14 日）在區院求情。辯方力陳被告應獲全數三分一的認罪扣減，法官謝沈智慧質疑被告於審前覆核時才認罪，按上訴庭準則應只得 25% 減刑。官亦曾反問是誰摧毀被告的未來？並指遺憾地要對有前途的年輕人判刑。辯方另指，被告公開道歉及撤回議案，為有力求情理由；官同意，認為屬《國安法》下「主動放棄犯罪」。
此外，控方欲呈新案情更正語法錯誤，被法官嚴詞拒絕。案件押後至下周三續處理求情，4 人續准保釋。
11 Sept 2023法庭線#8354
涉通過致謝梁健輝議案 4港大生認交替控罪煽惑有意圖傷警 宣揚恐怖主義罪撤銷
The then-chairman of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the then-president of the Students’ Union, Charles Kwok Wing-ho, and two then-council members, Chris Todorovski and Anthony Yung Chung-hei, were accused of moving and supporting a motion at a Students’ Union Council meeting in 2021 concerning Liang Kin-fai, the suspect in the July 1 police stabbing case. They were charged with one count under the National Security Law of promoting terrorism.
The case opened at the District Court on Monday (11th). Before the trial began, all four pleaded guilty to the alternative charge of inciting others to wound with intent; the charge of promoting terrorism was withdrawn. Judge Adriana Noelle Tse Ching adjourned the case until Thursday for mitigation, and all four were continued on bail.
The case alleged that the HKU Council held an emergency meeting to discuss the July 1 police stabbing incident. Kinson Cheung King-sang chaired the meeting and led a minute’s silence. Charles Kwok Wing-ho moved a motion to thank Liang Kin-fai and express condolences, which was seconded by Chris Todorovski. To Lam and Anthony Yung Chung-hei spoke on the motion, referring to such remarks as “martyrs who sacrificed themselves for Hong Kong” and “people described by the Communist Party as terrorists will in fact become heroes”.
香港大學學生會評議會時任主席張敬生、時任學生會會長郭永皓，以及 2 名時任評議員杜林丞亨和容頌禧，被指於 2021 年學生會評議會會議上，動議及支持七一刺警案疑兇梁健輝的議案，被控一項《國安法》下的「宣揚恐怖主義」罪。
案件周一（11 日）在區域法院開審，4 人於開審前承認交替控罪煽惑他人有意圖而傷人，宣揚恐怖主義罪則撤銷。法官謝沈智慧押後至周四求情，4 人續准保釋。
案情指，港大評議會召開緊急會議討論「七一刺警」事件，張敬生主持會議並帶領默哀；郭永皓動議向梁健輝致謝及表示哀悼、杜林丞亨和議，而杜林與容頌禧分別就議案發言，提及「懷緬為港犧牲的烈士」、「被共產黨形容為恐怖分子的人，實際上會成為英雄」等。
28 Jul 2023法庭線#8100
涉銅鑼灣悼念梁健輝 23歲法律博士內地生被加控企圖煽動 控罪指涉「周鋒鎖」
On New Year’s Day 2023, a 23-year-old mainland student pursuing a law doctorate at Chinese University of Hong Kong was accused of displaying a sketch of Leung Kin-fai, the suspect in the July 1 stabbing case, outside Sogo department store in Causeway Bay, and placing candles and a bouquet on the ground in mourning. The student was charged with one count of sedition.
The case was mentioned again at West Kowloon Magistrates’ Courts on Friday (the 28th), when the prosecution applied to add one count of attempted sedition. The charge alleges that the defendant, in Hong Kong, together with a person named “Chau Fung-so” and others, attempted to do or prepare to do acts with a seditious intention, bringing the Central Authorities into hatred or contempt, or exciting disaffection against them.
The charge does not specify whether “Chau Fung-so” is a real name, pseudonym or code name, nor does it list the location of the alleged offence or the specific acts involved. The case was adjourned to September 8 for plea, and the defendant was remanded in custody pending the hearing. The female defendant was wearing a black top and said she understood after hearing the charges.
2023 年元旦，一名 23 歲中大法律博士生，被指於銅鑼灣崇光百貨外展示七一刺警案疑兇梁建輝的素描，並在地上擺放蠟燭及花束悼念，被控一項煽動罪。
案件周五（28 日）在西九龍法院再提堂，控方申請加控一項企圖煽動罪。控罪指，被告涉在香港連同一個名為「周鋒鎖」的人及其他人，企圖作出或準備作出具煽動意圖行為，引起憎恨或激起藐視中央或激起對其離叛。
控罪未有註明「周鋒鎖」是真實姓名抑或是化名或代號，亦未列出案發地點及具體涉案行為。案件押後至 9 月 8 日進行答辯，期間被告須還押候訊。女被告身穿黑色上衣，聽畢控罪後表示明白。
7 Dec 2022法庭線#5808
七一刺警｜梁健輝死因研訊 陪審團裁定死於自殺
A uniformed police officer was attacked and stabbed outside SOGO in Causeway Bay on July 1, 2021. Leung Kin-fai allegedly stabbed the officer and then stabbed himself in the chest; he was certified dead after being taken to hospital. The inquest into his death entered its fifth day at the West Kowloon Magistrates’ Courts on Wednesday (the 7th). After summarising the evidence, Coroner Ko Wai-hung gave the jury two options: death by suicide or an open verdict. The jury of three women and two men retired to deliberate and, after about an hour this morning, unanimously ruled that Leung died by suicide. It made no recommendations, and the coroner added nothing further.
一名軍裝警於 2021 年 7 月 1 日在銅鑼灣崇光百貨外遇襲中刀，男子梁健輝涉刺傷警員後自刺胸口，送院後證實不治。死因研訊周三（7 日）在西九龍裁判法院踏入第五日。死因裁判官高偉雄總結證供後，為陪審團提供「死於自殺」及「死因存疑」兩個選項。3 女 2 男陪審團退庭商議今早約一小時後，一致裁定梁死於自殺，沒有提供建議，死因裁判官亦沒有補充。
6 Dec 2022法庭線#5800
涉致謝梁健輝被控宣揚恐怖主義 4 港大生擬不認罪 排期 2023 年 9 月開審
Four University of Hong Kong students were accused of moving and supporting a motion at the student union council in 2021 concerning Leung Kin-fai, the suspect in the July 1 police-stabbing case. They were charged with one count of “advocating terrorism” under the National Security Law. The case was heard again at the District Court on Tuesday (the 6th).
4 名港大生被指於 2021 年學生會評議會上，動議及支持七一刺警案疑兇梁健輝的議案，被控一項《國安法》下的「宣揚恐怖主義」罪，案件周二（6 日）在區域法院再訊。
辯方表示 4 人擬不認罪，將爭議被告的行為是否構成違法及其犯罪意圖。區域法院法官王詩麗排期案件於 2023 年 9 月 11 日開審，預計審期 8 日，將由《國安法》指定法官審理，被告期間續准以原有條件保釋。
5 Aug 2021立場新聞#1484
封殺學生會七名港大校董向校委會發公開信-要求撤回禁評議會學生入校園決定
Seven HKU Council members issued an open letter to the University Council criticising its decision to bar Students’ Union Council members who passed a motion last month expressing thanks to Leung Kin-fai from entering the campus.
七名港大校董，向校委會發公開信，批評校委會禁止在上月通過致謝梁健輝議案的評議會學生進入校園的決定。
Translations are supplied by the source workbook. Consult the original reporting for context.
