28 Jul 2025法庭線#7105
戴嘉平兄弟涉刑毀案發還原審 二人改認罪囚7月 官指行為激發騷動罪責嚴重
On May 13, 2020, an online user called for a “Sing with You” event at Sha Tin New Town Plaza. Seven youths were charged over allegedly damaging a branch of mainland beverage chain HEYTEA. Dai Ka-ping, former deputy secretary for external affairs of the Hong Kong Baptist University Students’ Union, and his twin brother were acquitted of criminal damage and resisting arrest. The Department of Justice subsequently won an appeal, and the case was remitted for reconsideration by the trial court.
The two had earlier pleaded not guilty, with judgment originally scheduled for August 29. When the case was mentioned again at the District Court, sitting in place of Sha Tin Magistrates’ Courts, on Monday (the 28th), both changed their pleas to guilty. Magistrate Stephanie May Har Tsui said the defendants had acted with premeditation and that their conduct incited disorder at the scene, causing large numbers of people to gather. During the incident, some people pulled and kicked police officers, used umbrellas to block closed-circuit television cameras, and helped people in black escape, creating extreme chaos.
The magistrate said the case was serious and that, despite the defendants’ young age at the time and status as first-time offenders, deterrent sentences were required. However, taking into account the time that had passed since the incident and that the two had served nine months at a training centre in connection with another case, the court sentenced each to seven months’ imprisonment for criminal damage. Dai Ka-ping was separately sentenced to five months’ imprisonment for resisting arrest, with the two sentences to run concurrently.
After the court adjourned, several relatives and friends waved to the two men. Some shouted, “Take care, Ah Ping and Ah Ching,” while others made heart shapes and called out, “I love you.” The brothers responded by nodding.
2020 年 5 月 13 日，有網民發起於沙田新城市廣場「和你 Sing」，7 名少年涉破壞內地連鎖飲品店「喜茶」分店而被控。其中浸大學生會前外務副幹事長戴嘉平與其攣生兄，被裁定刑毀及拒捕罪名不成立。律政司其後上訴得直，案件發還原審重新考慮。
二人早前表示不認罪，原定 8 月 29 日裁決。案件周一（28 日）在區域法院（暫代沙田裁判法院）再提堂時，兩人改為認罪。裁判官崔美霞指，兩被告有預謀犯案，行為激發現場騷動，引發大批人聚集，期間有人拉扯及踢警員、撐傘擋閉路電視鏡頭，幫助黑衣人逃脫，場面極為混亂。
官指案情嚴重，即使兩被告案發時年輕、初犯，仍須處以阻嚇性刑罰。惟考慮案發已相隔一段時間，且二人涉另案已於教導所服刑 9 個月，終就刑毀罪判監 7 個月；戴嘉平另被控的拒捕罪則判囚 5 個月，兩罪刑罰同期執行。
散庭後，多名親友向兩人揮手，有人大叫「保重啊，阿平、阿正」，有人做心型手勢呼「I love you」，兩兄弟則點頭回應。
7 Aug 2024法庭線#3886
23條｜涉6.12穿「光時」衫、戴黃口罩 27歲男擬認「新煽動罪」9.16答辯
On June 12 this year, a 27-year-old man was accused of wearing clothing bearing the words “Liberate Hong Kong; Revolution of Our Times” and a yellow “FDNOL” mask, loitering at Shek Mun MTR station and refusing to produce his identity card. He was charged with three offences, including the “new sedition offence” under the Safeguarding National Security Ordinance, and appeared again at West Kowloon Magistrates’ Courts on Wednesday (the 7th).
The defence said the defendant intended to plead guilty to the new sedition offence. He was further remanded until Sept 16 for plea. The prosecution was represented by Senior Prosecutor Ting Wai Lee, and the defence by barrister Steven Kwan. The case was handled by Chief Magistrate Su Wai-tak. The defence also said that the charge of refusing to produce an identity card was brought under the Public Order Ordinance, but stressed that the defendant had not intentionally refused to produce his identity card. If the prosecution amended the charge to failing to produce an identity card under the Immigration Ordinance, the defendant would plead guilty.
The case was adjourned to Sept 16 for plea, pending discussions between the prosecution and defence.
今年 6 月 12 日，27 歲男子被指穿著印有「光復香港 時代革命」衣物、戴黃色「FDNOL」口罩，在石門港鐵站遊蕩及拒出示身份證，被起訴《維護國家安全條例》下「新煽動罪」等 3 罪，周三（7 日）在西九龍裁判法院再訊。
辯方透露，被告擬認新煽動罪，續還押至 9 月 16 日答辯。控方由高級檢控官李庭偉代表，辯方由大律師關文渭代表，案件由總裁判官蘇惠德處理。辯方指，被告打算承認「新煽動罪」。另外，辯方指本案的拒出示身份證罪，屬於《公安條例》下的控罪，但強調被告非故意不出示身份證，若控方改控《入境條例》下的沒出示身份證罪，被告將會認罪。
案件押至 9 月 16 日答辯，候控辯雙方商討。
26 Oct 2023獨媒#8539
涉社交媒體發港獨帖文 留日23歲女生承認煽動 准保釋至11月判刑
A 23-year-old woman studying in Japan was accused of posting 13 messages on Facebook and Instagram about “Hong Kong independence” and calling for the “Communist Party to fall”. She was arrested when she returned to Hong Kong to replace her identity card and was subsequently charged with one count of doing one or more acts with seditious intention. The woman admitted the charge at the West Kowloon Magistrates’ Courts on the 26th. National Security Law designated judge and Chief Magistrate So Wai-tak adjourned the case to 3 November for sentencing and granted the defendant continued bail in the meantime. In mitigation, the defence said only two of the posts in question were published in Hong Kong. The woman is currently studying politics and economics at the law faculty of a university in Japan; her views on politics have changed, and the likelihood of her reoffending is very low. The defence asked the court for leniency.
23歲日本留學女生涉在 Facebook及Instagram上發布有關「港獨」及稱「共產黨倒台」等13則帖文，她回港更換身份證時被捕，其後被控一項「作出一項或多項具煽動意圖的作為」罪。女生今（26日）在西九龍裁判法院承認控罪，《國安法》指定法官、總裁判官蘇惠德將案件押後至11月3日判刑，期間批准被告繼續保釋。辯方求情時強調，只有2則涉案帖文在香港發布，女生現時在日本一間大學的法學院就讀政治及經濟，對政治的看法已經改變，她重犯機會極低，盼法庭輕判。
Translations are supplied by the source workbook. Consult the original reporting for context.
