15 Sept 2025法庭線#7308
3男涉煽惑殺警罪成囚22月、提上訴遭駁回 上訴庭指即使沒人被煽惑亦不減刑責
Three men were accused of threatening to kill police officers and their family members in a WhatsApp group in October 2019. After trial, they were convicted on two counts of inciting others to wound with intent and sentenced to 22 months’ imprisonment. All three appealed against their sentences, while one also appealed against his conviction. After hearing the case in May this year, the Court of Appeal dismissed the appeals on the same day and issued its reasons for judgment on Monday (15th).
On the conviction appeal, the Court of Appeal said the messages could not be considered without taking their context and the interactions with other members into account, as doing so would amount to “dealing with the messages in isolation”. After analysing a number of messages, it found that the appellant and his co-defendants had “echoed one another”, “believed that all police officers deserved to die and hoped others would agree with their views”. It agreed with the trial judge that “he was not merely seeking to attract attention, vent his emotions or even add fuel to the fire”, and dismissed the appeal.
As to the sentence appeals, the Court of Appeal said that the fact that no one had been incited to commit the relevant acts did not lessen the inciters’ criminal liability; however, if someone had been incited and committed the relevant acts, that would aggravate the inciters’ culpability. The court also said that the doxxing of the three men involved, at most, telephone harassment and people knocking on their doors, and did not amount to an extreme situation warranting an additional reduction in sentence. It likewise dismissed the appeals.
3 名男子被指 2019 年 10 月，在 WhatsApp 群組揚言殺害警員及其家屬，經審訊後被裁定兩項「煽惑有意圖而傷人」罪成，判監 22 個月。3 人不服刑罰上訴，當中 1 人同時提定罪上訴，案件今年 5 月聆訊後，即日被上訴庭駁回，周一（15 日）頒判案理由書。
就定罪上訴，上訴庭指涉事訊息若不循上文下理、與其他成員互動一併考慮，「等同把訊息抽離處理」，並分析多段訊息，裁定上訴人與同案被告「一唱一和」，「認定所有警員都死不足惜，並希望其他人認同其觀點」，認同原審指「他不只是吸引他人眼球、宣洩情緒、甚至是火上加油那麼簡單」，遂駁回上訴。
至於刑罰上訴，上訴庭表示，沒人被煽惑作出有關行為，並不會減輕煽惑者的刑責，但若有人受到煽惑而作出有關行為，則會加重煽惑者的罪責。上訴庭又指，三人被起底充其量只是涉及電話滋擾、上門拍門，並不屬於可獲額外減刑的極端情況，同樣駁回上訴。
29 Apr 2024法庭線#3455
WhatsApp群組煽惑殺警罪成 3男各判囚22個月 官斥被告誣衊警方
Three men accused of threatening to kill police officers and their family members in a WhatsApp group in October 2019 were found guilty after trial on two counts of inciting wounding with intent. They were each sentenced to 22 months’ imprisonment at the District Court on Monday (29th).
The case heard that a chief inspector was among the group’s members and forwarded screenshots of the conversations to colleagues for follow-up. In mitigation, the defence said the three men had been speaking in a private group and had not expected their comments to be screenshotted. It also argued that, as most members of the group were “successful people”, there was a relatively low likelihood of them being incited. The defence further submitted that there had been a delay in prosecution: the three men allegedly committed the offences in October 2019, were arrested two months later, but were not formally brought before the court until 2022, which should warrant a sentence reduction.
In sentencing, Judge Kit Yee (1971) Cheung said Hong Kong was experiencing serious disruptive acts at the time of the offences, and that the defendants’ conduct had clearly increased the risk of further undermining social order. The targets were the police and their families, which unquestionably obstructed and directly challenged police enforcement. The judge also condemned the defendants for smearing the police by alleging that officers had sexually assaulted female protesters, murdered members of the public and used tear gas to harm all Hong Kong residents. Such claims could cause members of the public to doubt or even hate the police, undermining the force’s credibility. The judge nevertheless took into account that the defendants were first-time offenders and the delay, and reduced their sentences accordingly.
3 名男子被指 2019 年 10 月，在 WhatsApp 群組揚言殺害警員及其家屬，經審訊後被裁定兩項「煽惑有意圖而傷人」罪成，周一（29 日）在區域法院各被判囚 22 個月。
案情指，群組內成員有總督察，把對話截圖轉交同袍跟進。辯方求情時提及，3 人在私人群組對話，沒料到言論會被人截圖，而群組內「成功人士」居多，被煽惑機會相對低。另力陳本案涉檢控延誤，3 人由 2019 年 10 月犯案，2 個月後被捕，至 2022 年才正式提堂，應予減刑。
法官張潔宜判刑時指，案發時香港正經歷嚴重衝擊行為，被告行為明顯加劇社會安寧被破壞的風險；而襲擊對象是警方及其家人，無疑是阻礙及正面挑戰警方執法。官另斥被告誣衊警方性侵女示威者、謀殺市民，甚至利用催淚煙害全港市民等，或致市民懷疑，甚至仇視警方，打擊警隊公信力。但官接納初犯、延誤等因素，予以減刑。
19 Feb 2024獨媒#2995
遊行前檢槍械案 1人承認串謀謀殺警察 1人承認《反恐條例》爆炸罪
On the eve of the 8 December 2019 International Human Rights Day rally, police seized firearms and weapons at a guesthouse and a warehouse, and 14 people were charged. Nine were charged with conspiracy to murder police officers and with conspiracy to commit an offence of bombing a prescribed target under the United Nations (Anti-Terrorism Measures) Ordinance. Six defendants pleaded guilty at the High Court today (19th): one admitted conspiracy to murder, while another admitted conspiracy to commit an offence of bombing a prescribed target. Four others admitted offences including aiding and abetting the manufacture of explosives and the unlicensed possession of firearms and ammunition. Judge Cheung Wai-ling adjourned the case until tomorrow for continuation of the proceedings.
2019年12月8日「國際人權日大遊行」前夕，警方在民宿及貨倉檢獲槍械武器，共14人被起訴。其中9人被控「串謀謀殺」警察，以及遭控《聯合國（反恐怖主義措施）條例》下「串謀犯對訂明標的之爆炸」罪。案中6名被告今（19日）在高等法院認罪，1人承認「串謀謀殺」罪；1人承認「串謀犯對訂明標的之爆炸」罪。另有4人承認協助和教唆製造爆炸品、無牌管有槍械及彈藥等罪。法官張慧玲將案件押後至明天續審。
24 Jul 2023法庭線#8067
男子認「連登」煽惑傷警 官斥血腥殘暴 考慮坦白認罪、重犯機會低判囚7月
A 23-year-old assistant engineer was accused of posting messages on the LIHKG Discussion Forum in 2019 and 2020 saying, among other things, “catch lone dogs and kill them” and “a weapon capable of killing with one blow—the sharper the better”. He was charged with two counts of inciting others with intent to cause grievous bodily harm, and pleaded guilty to one count at the District Court on Monday (24th). He was sentenced to seven months’ imprisonment.
Judge Yiu Fan-chi described the defendant’s conduct as “bloody and brutal”. The case was serious, with more than 200 people endorsing the posts. However, taking into account his guilty plea, low likelihood of reoffending, and the support shown by his family and friends in letters of mitigation, the judge decided to reduce the starting point for sentencing as far as possible, setting it at 12 months. The judge urged the defendant to reflect properly in prison, saying: “Work hard after you come out, do not commit any more offences, and repay your family.”
23 歲助理工程師被指在 2019 及 2020 年間，在「連登討論區」發帖指「要捉落單狗殺」、「要一擊斃命嘅武器，有幾尖得幾尖」等，被控 2 項「煽惑他人有意圖而導致身體受嚴重傷害」罪，周一（24 日）在區域法院承認其中一罪，被判囚 7 個月。
法官姚勳智形容，被告所為「可謂血腥、殘暴」，加上帖文有逾 200 人附和，案情嚴重，但考慮到他坦白認罪、重犯機會低，求情信內容顯示他獲家人、朋友支持，決定將量刑起點盡量下調，以 12 個月為量刑起點。法官寄語被告在獄中好好反省，「出返嚟努力工作，唔好再干犯任何罪行，報答你嘅家人」。
26 Jun 2022明報#2149
3人涉煽殺警殺官員被捕 警：無關七一
Police arrested three men the day before yesterday, alleging that they had maliciously posted hateful comments against the Government and the police online, incited others to kill government officials and police officers, and sold items commonly used in unlawful assemblies on online platforms. Police seized multiple gas masks, helmets, air guns and other items. Police said there was no evidence that the three men had committed the offences targeting July 1.
警方前日拘捕3名男子，指他們涉嫌在網上惡意發布對政府及警方的仇恨言論、煽動他人殺害政府官員及警務人員，以及在網上平台出售常用於非法集結的物品，檢獲多個防毒面罩、頭盔、氣槍等物品。警方表示無證據顯示3人是針對「七一」犯案。
25 Jun 2022RTHK#2142
警拘3人分別涉嫌社交平台發佈殺官殺警言論或售武器
Police arrested three men who were suspected of posting remarks on online social media, messaging and trading platforms about killing government officials and police officers, and of selling weapons or equipment. They were arrested on suspicion of “inciting another person with intent to cause grievous bodily harm” and “possessing tools that could be used for unlawful purposes”. Police said there was no evidence that the three had committed the offences targeting activities celebrating the handover.
警方拘捕3名男子，他們涉嫌在網上社交平台，通訊平台及買賣平台，發表要殺害政府官員及警員的言論，以及出售武器或裝備，被警方以「煽惑他人意圖造成身體嚴重傷害」及「藏有工具可作非法用途」罪名拘捕。警方表示，無證據顯示3人是針對慶祝回歸活動而犯案。
24 Jun 2022RTHK#2137
男子涉手機群組發表襲警言論 煽惑他人罪名不成立
A man charged with inciting others to wound over posting on WhatsApp during the 2019 movement that police officers should be attacked with a machete had earlier pleaded not guilty and was found not guilty by the District Court.
一名涉及在2019年運動中於WhatsApp發佈以開山刀襲擊警員言而被控煽惑他人傷人的男子，他早前不認罪，遭區域法院裁定罪名不成立。
23 May 2022獨媒#2019
涉WhatsApp群組籲殺警 3男事隔逾兩年半遭起訴 將轉介區院
Three men were charged, more than two and a half years later, with two counts of inciting another person to act with intent to cause someone grievous bodily harm, in connection with calls made in a WhatsApp group in October 2019 to kill or injure police officers and their family members. They appeared at the Eastern Magistrates’ Court today (23rd). The prosecution applied to adjourn the case until July 4 to prepare documents for its transfer to the District Court. Magistrate Yip Kai-leung granted the application, and all the defendants were granted bail during the adjournment.
3名男子涉於2019年10月，在 WhatsApp 群組籲殺害或傷害警員及其家屬，事隔兩年半被起訴兩項煽惑他人有意圖而導致有人身體受嚴重傷害罪，今（23日）於東區法院提堂。控方申請將案件押後至7月4日，以待準備轉介往區域法院的文件，獲裁判官葉啟亮批准，期間眾被告獲准保釋。
Translations are supplied by the source workbook. Consult the original reporting for context.
