25 Sept 2025法庭線#7354
涉TG煽惑破壞檢測中心、提「隨機殺狗」等 患自閉症男子罪成 官判囚15月、拒判醫院令
During the fifth wave of the COVID-19 pandemic in February 2022, a 28-year-old man with autism was alleged to have posted messages including “bomb nucleic acid testing stations” and “randomly killing dogs” in a Telegram group. After trial, he was convicted on all three charges, including inciting common assault and criminal damage, and was sentenced to 15 months’ imprisonment on Thursday (25th). The defence repeatedly urged the court to impose a hospital order. Deputy District Judge Tsui Mei-ha rejected the submission, noting that the defendant had seen more than 10 doctors throughout his life, “from childhood to adulthood”, yet “in 31 years, no one had proposed a hospital order or admission to a psychiatric hospital”. She also noted that the defendant had worked in the community for many years and had a post-secondary education, asking whether “confining him in a psychiatric hospital would really be the most beneficial option for his rehabilitation”.
The judge said she did not accept that the offences had been committed under the influence of mental illness. She said that encouraging the indiscriminate taking of police officers’ lives represented violence of the most serious kind. She also criticised the defendant for posting messages that incited, encouraged and offered rewards to others to bomb testing stations at a time when the government and healthcare institutions were making every effort to prevent the spread of the virus. Had anyone acted on the incitement, she said, the resulting casualties could have been severe. Even though the defendant was a first-time offender, a custodial sentence was appropriate.
2022 年 2 月第五波新冠疫情期間，28 歲患自閉症男子被指在 TG 群組，發布「炸核酸站」、「隨機殺狗」等訊息，他經審訊後被裁定煽惑普通襲擊、刑事損壞等 3 罪全數罪成，周四（25 日）被判監 15 個月。
辯方再三陳詞要求法庭判處醫院令。區院暫委法官崔美霞拒絕，指被告一生中見過 10 多個醫生、「由細睇到大」，惟「31 年嚟，無人提出要醫療令或者住精神病院」，又指被告在社會工作多年、有大專學歷，反問「法庭將佢困喺精神病患院入面，係咪對佢復康最有用呢？」
法官指，不接受被告受精神病影響犯案，指鼓勵隨機奪取警員生命，暴力程度屬最嚴重，又批評他在政府、醫療機構盡一切努力阻止病毒蔓延時，發布煽惑鼓勵及獎賞他人炸毀檢測站的留言。如有人受煽惑而實踐，將會傷亡慘重，即使是初犯，監禁式刑罰亦合適。
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。
25 Aug 2025法庭線#7207
男子七一刺警案後留言「插小腸」煽惑傷人罪成囚24月 申刑期上訴許可遭拒 官指發言具教唆性
On the night of the 2021 July 1 police stabbing in Causeway Bay, a 23-year-old man was alleged to have posted comments on LIHKG including, “Next time, the part in the middle of the body where the small intestine is should be stabbed.” After trial, he was convicted of inciting another to wound with intent and sentenced to 24 months’ imprisonment. He applied for leave to appeal against the sentence. After a hearing in July this year, Court of Appeal judge Poon Man-ki dismissed the application on the same day, with the judgment handed down this Monday (25th). The judgment stated that the applicant’s sole ground of appeal was that, by adopting 24 months’ imprisonment as the sentencing starting point, the trial judge had failed to take proper account of the Court of Appeal’s judgment and the circumstances in the Cheung King-sang case, resulting in a sentence that was manifestly excessive. The judge rejected that argument, saying that comparing the relative seriousness of the two cases served little substantive purpose. She also noted that, just 12 minutes after the police officer was stabbed, the applicant had already posted his first comment, effectively “seizing the opportunity to encourage further attacks”, and had defiantly responded to others with remarks such as, “So you can’t even teach people where to stab?” The judge found that his comments were not made in jest, but were purpose-driven, graphic and brutal, and highly inciting in nature.
The judgment held that the proposed ground of appeal was not reasonably arguable. The court also made a loss-of-time order. This means that the applicant may still renew his application for leave to appeal before the Court of Appeal, but if that application is ultimately refused, the Court of Appeal may order that some or all of the time he spends in custody pending determination of the appeal not count towards his sentence.
2021 年銅鑼灣七一刺警案當晚，23 歲男子被指在「連登」發布「下次應該插身體中間小腸嘅部位」等留言，經審訊後被裁定「煽惑他人有意圖而傷人」罪成，判監 24 個月。他不服判期提上訴許可申請，今年 7 月聆訊後，被上訴庭法官潘敏琦即日駁回，至本周一（25 日）頒判詞。
判詞指，申請方提出的唯一上訴理據，是指原審法官以判監 24 個月為量刑起點，忽略上訴庭就「張敬生案」的判詞及情節，判刑明顯過重。官於判詞反駁，指比較兩案嚴重性沒實質意義，又提到申請人在警員被刺後 12 分鐘，已發首個留言「乘勢狙擊」，且理直氣壯回應他人「教人點插都唔得呀」等，認為其留言並非開玩笑，而是「目標為本」、血腥兇殘、極具教唆性。
判詞稱上訴理據不具合理爭拗之處，另下達「減時命令」，即他有權再向上訴法庭提出上訴許可申請，但假如申請最終被駁回，上訴法庭有權命令他在聽候上訴裁定時間的扣押期，不計算在他所受刑罰的刑期之內。
4 Jul 2025法庭線#6993
七一刺警案後網上提「插小腸」 男子煽惑傷人判囚24月 申刑期上訴許可失敗
On the night of the 1 July 2021 Causeway Bay police stabbing incident, a 23-year-old man was accused of posting comments on the LIHKG online forum including, “stab his fucking father and mother to death” and “next time you should stab the middle of the body, around the small intestine”. He denied one count of inciting others to wound with intent, but was convicted after trial and sentenced to 24 months’ imprisonment. He appealed against the sentence, and the Court of Appeal heard his application for leave to appeal on Friday (4th).
Counsel for the applicant, barrister Shek Shu-ming, argued that the trial judge had referred to the case involving University of Hong Kong students who thanked Leung Kin-fai and adopted the same sentencing starting point. However, he submitted that the nature and degree of seriousness of the present case were different. The defendant had not acted with premeditation and had not made the comments through a students’ union platform, leaving room for a reduced sentence.
Court of Appeal judge Justice Anthea Pang Po-kam referred to the comments in question and asked counsel, “Isn’t there seriousness in that?” She held that the proposed grounds were not reasonably arguable and dismissed the application on the same day. Written reasons for the decision will be handed down within three months.
2021 年銅鑼灣七一刺警案當晚，23 歲男子被指在「連登」發布「插撚死佢老豆老母」、「下次應該插身體中間小腸嘅部位」等留言，否認「煽惑他人有意圖而傷人」罪，受審罪成，被判囚 24 個月。他不服判罰，上訴庭周五（4 日）處理其上訴許可申請。
申請方代表、大狀石書銘爭議，原審法官參考港大生致謝梁健輝一案，採納相同的量刑起點，惟本案與該案性質、程度有別，被告沒預謀，亦非使用學生會的平台發言，故有空間減刑。
上訴庭法官潘敏琦引涉案留言，反問申請方「有冇嚴重性喺度呀？」指理據無合理可爭辯之處，即日駁回，將在 3 個月頒判詞交代理由。
7 May 2025獨媒#6767
WhatsApp 談及傷警及其家人 3男煽惑罪成上訴被駁回
Three men were accused of urging the killing of police officers and their families in October 2019 in a WhatsApp group discussing Audi cars. They denied two counts of inciting another person, with intent, to cause grievous bodily harm, but were convicted after trial and sentenced to 22 months’ imprisonment. They appealed against their convictions and sentences, and the Court of Appeal heard the case today (the 7th). On the conviction appeals, the appellants maintained that the messages could be interpreted in other ways and that inciting harm to police officers’ family members was not the only irresistible inference. On the sentence appeals, they argued that the two incitement charges concerned police officers and their family members respectively, but that the defendants had been “lumping them together to abuse them” at the time, and that the trial judge should not have ordered two months of the sentences on the two charges to be served consecutively. Justice Pang Wai-cheong responded that the defendants could have chosen to accept the saying used by internet users that “misfortune should not extend to family members”, but had not done so. After considering the submissions, the three judges unanimously dismissed the appeals against conviction and sentence, upheld the original judgment, and said written reasons would be handed down within nine months.
三名男子涉於2019年10月，在討論 Audi 汽車的 WhatsApp 群組籲殺警及其家人，他們否認兩項「煽惑他人有意圖而導致有人身體受嚴重傷害」罪，經審訊被裁定罪成，判囚22個月。他們不服定罪及刑罰，提出上訴，高院上訴庭今（7日）聆訊處理。定罪上訴方面，上訴人堅稱，訊息內容可以有其他解讀方式，煽惑傷害警察家人並非唯一不可抗拒的推論。刑罰上訴方面，上訴人指，兩項煽惑控罪分別涉及警察和警察的家人，惟被告當時乃「撈埋一齊嚟鬧」，原審法官不應將兩項控罪的其中2個月分期執行。法官彭偉昌則回應，被告當時大可以選擇接受網民所稱：「禍不及家人」，然而他們未有如此做。3名法官考慮陳詞後，全數駁回定罪及刑罰上訴，維持原判，並表示會在9個月內頒布書面判決理由。
12 Nov 2024法庭線#4227
港大評議會案4人囚15月 3人刑滿獲釋
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 “promoting terrorism”. The four pleaded guilty to the alternative charge of “incitement to cause bodily harm with intent” and were sentenced to two years’ imprisonment. Their appeals against sentence were allowed this September, reducing the sentences to 15 months.
Kinson Cheung King-sang and Charles Kwok Wing-ho were released after completing their sentences on Tuesday (the 12th), leaving Pik Uk Correctional Institution in Sai Kung at about 9 a.m. Kinson Cheung King-sang was wearing a suit and face mask and carrying personal belongings including a guitar and a “baotou bag”. Charles Kwok Wing-ho was wearing a white top and carrying a “baotou bag”, with friends and relatives present to receive them. The two said jokingly that they “didn’t expect it to be this early”, noting that some friends and relatives had not arrived in time. Charles Kwok Wing-ho hugged their mother, who was waiting at the scene.
In an interview with The Witness, Charles Kwok Wing-ho said prison had been more uneventful than expected, describing it as “比较 peaceful，唔係特別興奮” (“relatively peaceful, not particularly exciting”). They said their immediate wish was to “go home and spend time with my family”, and that they planned to rest for several months before looking for work. They also thanked people from various sectors for their concern and said, “大家保重” (“everyone, take care”). It is understood that Chris Todorovski was also released the same day from Shek Pik Prison on Lantau Island, while Anthony Yung Chung-hei remains in prison.
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，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「煽惑有意圖傷人」判囚兩年，今年 9 月刑期上訴得直，減至判囚 15 個月。
其中張敬生及郭永皓周二（12 日）刑滿獲釋，早上約 9 時離開西貢壁屋監獄。張身穿西裝，戴上口罩，攜同結他及「包頭袋」等個人物品；郭則身穿白色上衣，攜同「包頭袋」，有親友到場迎接。兩人笑言「冇諗過咁早」，指部分親友未及到達，郭與到場等候的母親擁抱。
郭永皓接受《法庭線》訪問，指出獄比相像中平淡，「比較 peaceful，唔係特別興奮」，現時最想「返屋企，陪屋企人」，將來打算先休息數月後再找工作，又感謝各界的關心，著「大家保重」。據了解，杜林丞亨同日於大嶼山石壁監獄獲釋，容頌禧則仍在服刑。
1 Nov 2024法庭線#4194
港大評議會案4人上訴得直減刑 上訴庭指控罪煽惑本地人 原審着墨過多國際因素
The then chairperson of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two council members, Chris Todorovski and Anthony Yung Chung-hei, were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of incitement with intent to cause injury and were sentenced to two years’ imprisonment. Their appeals against sentence succeeded in September this year, reducing their sentences to 15 months’ imprisonment.
Three appellate judges issued their judgment on Friday (November 1), describing the sentencing principles applied at trial as firm and sound. They agreed that the four’s inciting conduct could lead to riots breaking out again, but said they accepted that the incitement in this case was a single incident. Regarding the meeting’s online livestream, the judgment accepted that this was an aggravating factor, but said the offence involved inciting local people to target police officers and that the trial court appeared to have placed too much emphasis on international factors.
The trial court had said that the motion was unrelated to the Council’s affairs and that the four had abused their positions by using the occasion to incite others. Citing the HKU Students’ Union Constitution, the appellate court said one of its objectives was to promote students’ concern about social issues. Discussing the police-stabbing incident was therefore essentially legitimate; it was the four’s incitement at that occasion that was improper.
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，及兩名評議員杜林丞亨和容頌禧，被控《國安法》「宣揚恐怖主義」罪，4 人承認交替控罪「煽惑有意圖傷人」，被判監禁兩年，今年 9 月刑期上訴得直，減至判囚 15 個月。
3 名上訴庭法官周五（11 月 1 日）頒判詞，形容原審量刑原則牢固、完善，認同 4 人的煽惑行為可致騷亂再度爆發，但指接納本案的煽惑是單一事件。至於會議經網上直播，判詞指認同是加刑因素，但認為控罪是煽惑本地人針對警察，原審似乎著墨過多在國際因素。
對於原審指議案與評議會事務無關，4 人利用場合煽惑屬於濫用職權，上訴庭引港大學生會憲章，指宗旨之一是要推動學生關注社會議題，故討論刺警事件本質上是正當的，只是 4 人在該場合作出煽惑。
7 Oct 2024法庭線#4128
FB發文「點樣殺死林鄭」六旬漢囚16個月 官指針對時任特首、大放厥詞激化矛盾
A retired man in his sixties was accused of posting privately on Facebook in February 2020: “Seriously think about how to kill Carrie Lam.” He denied the charge of inciting another person, with the intention of causing someone to suffer grievous bodily harm, but was convicted after trial. Judge Chan Kwong-chi sentenced him to 16 months’ imprisonment at the District Court on Monday (7th). In sentencing, the judge criticised the fact that the post was not directed at an ordinary individual, but at the then Chief Executive. He said the defendant had sought to downplay and “whitewash” his intention in making the post, while making inflammatory remarks on social media that intensified social tensions.
As for comments by the defendant referring to “helping to raise money for a handgun”, the judge said this might bring to mind the “Dragon Slaying Brigade” case, in which some individuals were arranged to receive military-style training in Taiwan, while others succeeded in bringing firearms into Hong Kong and making explosives.
The judge also described the storming of the Legislative Council in 2019, the clashes at the Chinese University of Hong Kong and the Hong Kong Polytechnic University, and the “Dragon Slaying Brigade” case as “a painful chapter of history stained with blood”.
六旬退休漢被指於 2020 年 2 月，在 Facebook 發布「真係認真諗吓 點樣殺死林鄭」的私人帖文。他否認「煽惑他人有意圖而導致有人身體受嚴重傷害」罪，經審訊後被裁罪成。法官陳廣池周一（7 日）於區院判被告監禁 16 個月。
法官判刑時批評，帖文針對的人非泛泛之輩，而是時任特首，指被告淡化及「洗白」其發帖意圖，在社交媒體大放厥詞，激化矛盾。至於被告留言提到「幫手籌一支曲尺」等，法官提及，是否有人想到「屠龍小隊」案中，有人被安排到台灣軍訓，有人成功把槍運到香港，製作炸彈。
官又形容，2019 年立法會遭人大肆蹂躪、中大及理大衝突及「屠龍」案，是「血跡斑斑嘅慘痛歷史」。
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。
22 Jan 2024法庭線#2847
51歲女轉載籲杯葛區選帖文 認罪判緩刑 官指公平選舉「基於誠實投票」
A 51-year-old woman was accused of reposting in a Facebook group a post published by former district councillor Man Hoo Li urging people to boycott the District Council election. The defendant pleaded guilty on Monday (22nd) at Eastern Magistrates’ Court to one count of “an illegal act of inciting another person to cast an invalid vote by public activity during an election period”. She was sentenced to two months’ imprisonment, suspended for two years.
The case stated that, in addition to reposting the message, the defendant added text urging people to write a name and identity card number on the ballot paper, thereby invalidating it. The defence said the defendant had been emotionally distressed after her arrest and “deeply regretted that her own foolish conduct had affected society”, and that she had chosen to plead guilty at the earliest opportunity.
Chief Magistrate Tsui Yee-wai said, “Voting is a right of the people and also a civic responsibility … fair elections are based on citizens’ honest voting.” Society could not accept the defendant’s conduct, but the magistrate accepted that she had committed the offence out of momentary foolishness. Taking into account her guilty plea and background, the magistrate considered that a suspended sentence could reflect the seriousness of the offence.
51 歲女子被指於區議會選舉期間，在 Facebook 群組轉載由前區議員李文浩發布、呼籲他人杯葛選舉的帖文。被告周一（22 日）在東區裁判法院承認一項「在選舉期間內藉公開活動作出煽惑另一人投無效票的非法行為」罪，被判囚兩個月、緩刑兩年。
案情指，被告除了轉發帖文外，亦加上文字說明，呼籲人在選票上寫上名字和身分證號碼，使其無效。辯方指被告被捕後情緒受困，「為自己咁愚蠢行為影響到社會十分後悔」，並選擇即時認罪。
主任裁判官徐綺薇指，「投票係市民權利，都係公民責任…公平選舉基於市民誠實嘅投票」，社會不能接納被告的行為，惟官接納被告為一時愚蠢才犯案，加上她認罪及其背景，認為緩刑可反映控罪嚴重性。
Translations are supplied by the source workbook. Consult the original reporting for context.
