10 Oct 2025法庭線#7416
12港人｜喬映瑜認製造爆炸品等囚61月 去年提刑罰上訴 律政司指已撤回
QUINN Moon, one of the “12 Hong Kong people”, was sent back to Hong Kong after completing a mainland sentence in August 2022 and was arrested immediately. QUINN Moon subsequently pleaded guilty to three charges: making and possessing explosives, and perverting the course of justice. In January 2024, the District Court sentenced QUINN Moon to 61 months’ imprisonment, and QUINN Moon filed an appeal against the sentence.
The Department of Justice told The Witness on Friday (10th) that QUINN Moon had notified the Court of Appeal of the withdrawal of the application for leave to appeal against the sentence, and the court consequently dismissed the application in accordance with the law. According to records, following QUINN Moon’s withdrawal of the appeal, the cases involving most of the defendants in the “12 Hong Kong people” case have been concluded. Only the national security case involving Lee Yuet-yan and Jimmy Lai remains to be dealt with.
「12 港人」之一的喬映瑜，2022 年 8 月服完內地刑期後被押返香港，隨即被捕，其後承認製造及管有爆炸品、妨礙司法公正 3 罪，2024 年 1 月在區域法院被判囚 61 個月，她提出刑罰上訴。
律政司周五（10 日）回覆《法庭線》，指喬已通知上訴庭放棄其刑罰上訴許可申請，法庭遂根據法例規定駁回有關申請。翻查資料，隨着喬映瑜撤回上訴，「12 港人」案大多數被告的案件均已審結，僅餘李宇軒牽涉的黎智英國安案仍待處理。
2 Oct 2024獨媒#4105
廖子文鄭子豪刑期上訴得直 上訴庭頒理由：考慮原審法官原意、二人獄中行為良好
The “12 Hong Kong people” Liao Tsz-man and Cheng Tsz-ho respectively pleaded guilty to perverting the course of justice and possessing semi-finished petrol bombs and materials in a Wan Chai flat. District Court judge Douglas Tak Hong Yau ordered part of the sentences in the two cases to run concurrently, resulting in a total sentence of 31 months. However, the Correctional Services Department said it had regarded the pair as having completed their sentences in the perverting the course of justice case on the day they were sentenced. Consequently, even though the judge ordered the sentences in the two cases to run partly concurrently the following day, the department was unable to comply with the relevant order. The pair appealed against their sentences. At a hearing in March this year, the Court of Appeal allowed the appeals and ordered their immediate release. It handed down its reasons on Monday (September 30).
「12港人」廖子文和鄭子豪分別承認妨礙司法公正，及於灣仔單位藏汽油彈半製成品和材料，區院法官游德康下令兩案部份刑期同期執行，總刑期為31個月。惟懲教指在妨礙司法公正案判刑當天已視二人服刑完畢，乃至翌日即使法官下令兩案部份刑期同期執行，懲教署也無法遵循相關的命令。二人就刑期提出上訴，上訴庭在今年3月的聆訊中裁定二人上訴得直，即時釋放，直至周一（9月30日）頒布判決理由。
30 Sept 2024法庭線#4098
12港人｜鄭子豪、廖子文刑期上訴得直 上訴庭：若不把刑期下調「不公道」
Defendants in the “12 Hong Kong people” case, Cheng Tsz-ho and Liu Tsz-man, pleaded guilty in 2022 to absconding and to the Wan Chai warehouse explosives case. District Court judge Douglas Tak Hong Yau ordered parts of the sentences in the two cases to run concurrently, and sentenced them to a total of 31 months’ imprisonment. The Correctional Services Department later informed the court that, because the two had already completed their sentences for the absconding case, the terms could not be served concurrently, meaning their actual imprisonment would be six months longer than the sentences imposed at trial. The two applied for bail pending their sentence appeal. The Court of Appeal earlier allowed the appeal, set aside the original sentences and imposed terms that enabled both to be released immediately.
The Court of Appeal handed down its reasons on Monday (the 30th), saying that the two had maintained good records and completed all their sentences: “This is a retrospective assessment, not a hypothetical one.” The judgment also said the Department of Justice had not submitted that the Commissioner of Correctional Services had reasonable grounds to believe the prisoners were very likely to commit serious offences after release. Amendments to the Safeguarding National Security Ordinance had also not yet come into force.
Having considered the original sentencing intent and the fact that the two had behaved well throughout the relevant period, among other matters, the court held that it “would not be fair” not to reduce the sentence in Case 323, namely the explosives case, to 16 months.
「12 港人」案被告鄭子豪、廖子文，2022 年先後就潛逃，及灣仔倉庫爆炸品案認罪，區院法官游德康下令兩案部分刑期同期執行，共判囚 31 個月。懲教署其後通知法院，由於兩人已服畢潛逃案的刑期，無法同期執行，令實際刑期較原審判刑多出半年。兩人申請保釋等候刑期上訴，上訴庭早前裁定兩人得直，撤銷原定刑期，並改判可即時釋放兩人的刑期。
上訴庭周一（30 日）頒下判詞解釋，指兩人一直紀錄良好，完成所有刑期，「這是回溯過去而非假設」。判詞又指，律政司一方沒陳詞指，懲教署署長有合理理由相信，囚犯將非常可能在出獄後干犯嚴重罪行，另《維護國家安全條例》的修訂亦尚未生效。
考慮原審的原意、兩人在相關時段一直行為良好的事實等，「本庭認為不把 323 案（即爆炸品案）的刑期下調至16個月，不會公道」。
16 Apr 2024法庭線#3361
12港人｜鄧棨然認管有汽油彈及妨礙司法公正囚46月 官指擔當主導角色
In August 2020, 12 Hong Kong people suspected of fleeing to Taiwan were intercepted and detained by the Guangdong maritime police. Ten of them were prosecuted on the Mainland for offences including organising others to illegally cross the border, and were sentenced to between seven months and three years in prison. Tang Kai-yin, who received the heaviest sentence of three years, was released after completing his sentence on the Mainland in August 2023 and handed over to Hong Kong police. Tang faced two cases involving possession of petrol bombs and perverting the course of justice. He earlier pleaded guilty in the District Court to possession of an article with intent to destroy or damage property and perverting the course of justice, and was sentenced to 46 months in prison on Tuesday (the 16th).
2020 年 8 月，12 名港人涉嫌潛逃到台灣，被廣東海警截獲拘留，當中 10 人在內地被控組織他人偷越邊境罪等，判囚 7 個月至 3 年。當中刑罰最重、被判囚 3 年的鄧棨然，2023 年 8 月於內地刑滿出獄、移交港警。鄧涉管有汽油彈及妨礙司法公正兩案，早前在區院先後承認「管有物品意圖摧毀或損壞財產罪」及「妨礙司法公正罪」，周二（16 日）被判囚 46 個月。
法官練錦鴻判刑時指，鄧棨然在汽油彈及妨礙司法公正兩案均擔當主導角色，刑責較重，又斥鄧僅接受 6 至 8 小時理論及實習便貿然出海，令自己及其他人的生命犯險，更為公海上其他船隻帶來危險，而鄧在內地被判刑是「自作自受」，不會因而減刑。
19 Mar 2024法庭線#3212
12港人｜兩案刑期未能同期執行 鄭子豪、廖子文上訴得直 即時獲釋
Defendants in the “12 Hong Kong people” case, Cheng Tsz-ho and Liu Tsz-man, pleaded guilty in 2022 to charges relating to absconding and the Wan Chai warehouse explosives case, respectively. District Court judge Douglas Tak Hong Yau ordered part of the sentences in the two cases to run concurrently, resulting in a total sentence of 31 months. The Correctional Services Department subsequently told the court that, as the pair had already completed their sentences for the absconding case, the sentences could not run concurrently, making their actual terms six months longer than those imposed at trial.
The two were granted bail pending their sentence appeal. The Court of Appeal on Tuesday (19th) allowed the appeal, quashed the original sentences and substituted sentences that enabled both to be released immediately. It will provide supplementary reasons within six months. The two smiled and waved to the public gallery after the hearing. Correctional Services initially said they had to return to the institution to complete procedures; after more than an hour of discussions, they were allowed to leave the court.
The Department of Justice said the original sentences could not be implemented in the circumstances and that there was essentially nothing unfair requiring correction by the Court of Appeal. It also said that even if the pair had to serve their sentences again, this would not cause additional unfairness. The appellants stressed that the court had to consider whether the actual periods of imprisonment could achieve the original intention of the trial court. They also said that Cheng and Liu had jobs and hoped to continue their studies, and sought “a chance to start again and stand back up.”
「12 港人」案被告鄭子豪、廖子文，2022 年先後就潛逃及灣仔倉庫爆炸品案認罪，區院法官游德康下令兩案部分刑期同期執行，共判囚 31 個月。懲教其後通知法院，由於兩人已服畢潛逃案的刑期，無法同期執行，令實際刑期較原審判刑多出半年。
兩人獲准保釋等候刑期上訴。上訴庭周二（19 日）裁定他們得直，撤銷原定刑期，並改判可即時釋放兩人的刑期，將在 6 個月內補充理由。兩人散庭時面露笑容，向旁聽席揮手，懲教一度稱須回院所處理手續，兩人擾攘逾一小時獲放行，離開法院。
律政司指，原審判刑在實際情況下無法執行，「根本無咩唔公平，令到上訴庭需要糾正」，又指即使需重新服刑，亦不會造成額外不公。上訴方則強調，法庭需考慮實際刑期能否達至原審原意，又指鄭、廖已有工作、望繼續進修，盼獲「重新做人、重新站起來嘅機會」。
14 Feb 2024法庭線#2976
12港人｜鄧棨然認妨礙司法公正罪 案情指學駕船載11人潛逃 原定台南登岸
In August 2020, 12 Hong Kong people suspected of fleeing to Taiwan were intercepted and detained by the Guangdong coastguard. Ten of them were charged on the mainland with organising others to illegally cross the national border and other offences, and were sentenced to between seven months and three years in prison. Tang Kai-yin, who received the heaviest sentence of three years, was released after completing his sentence on the mainland in August 2023 and handed over to Hong Kong police. Tang faces two cases involving possession of petrol bombs and perverting the course of justice. He pleaded guilty in the District Court on Wednesday (14th) to the perverting the course of justice charge.
The case said Tang sought help from the Telegram group “勇武 2.0” and was referred by a member to a person called “Fai Chung”. That person arranged for Tang to purchase the speedboat involved in the case and learn to pilot a boat, among other things. Tang eventually piloted the boat carrying the other 11 people to flee. They were told that they would be received by the Taiwan authorities after arriving in Taiwan.
Judge Stanley Chan said, “This case has attracted a great deal of public attention, and I do not wish to make a hasty decision or provide detailed reasons … Based on the cases before me, it is almost certain that imprisonment will be required.” He adjourned both of Tang’s cases to 16 April for sentencing, pending another Court of Appeal hearing. That case concerns the sentence appeal filed by Cheng Tsz-ho and Liao Tsz-man in the “12 Hong Kong people case”. Tang was remanded in custody.
2020 年 8 月，12 名港人涉嫌潛逃到台灣，被廣東海警截獲拘留，當中 10 人在內地被控組織他人偷越邊境罪等，判囚 7 個月至 3 年。當中刑罰最重、被判囚 3 年的鄧棨然，2023 年 8 月於內地刑滿出獄、移交港警。鄧涉管有汽油彈及妨礙司法公正兩案，鄧就其中妨礙公正一案，周三（14 日）在區院認罪。
案情指，鄧向 Telegram 群組「勇武 2.0」求助，獲成員轉介至一名叫「廢中」的人士，該人安排鄧購入涉案快艇、學習駕船等，最後由鄧駕船載另外 11 人潛逃；他們被告知到台灣後，將獲台灣當局接應。
法官練錦鴻稱，「呢單案件好受公眾矚目，唔希望倉卒作出決定同埋詳細理由…根據我手頭中嘅案例，差唔多一定係要監禁」，將鄧涉的兩案同押後至 4 月 16 日判刑，另待一宗上訴庭聆訊。該案為「12 港人案」中鄭子豪、廖子文提刑期上訴。鄧續還押。
9 Feb 2024法庭線#2969
12港人｜喬映瑜認製造爆炸品等囚61月 不服判刑提上訴
QUINN Moon, one of the “12 Hong Kong people”, was returned to Hong Kong after completing her mainland sentence in August 2022 and was immediately arrested. She pleaded guilty to three charges of making and possessing explosives and perverting the course of justice, and was sentenced to 61 months’ imprisonment in the District Court. Dissatisfied with the sentence, she lodged an appeal on Thursday (the 8th). According to Judiciary information, no hearing date has yet been set.
「12 港人」之一的喬映瑜，2022 年 8 月服完內地刑期後被押返香港，隨即被捕。她承認製造及管有爆炸品、妨礙司法公正 3 罪，在區域法院被判囚 61 個月。她不服判刑，周四（8 日）提出上訴。根據司法機構資料，案件尚未有聆訊日期。
30 Jan 2024獨媒#2899
【12港人】喬映瑜認潛逃及製爆炸品 囚5年1個月 稱內地服刑時有中聯辦及國務院人士探訪
QUINN Moon, one of the 12 Hong Kong people, admitted in a mainland Chinese court in 2020 to organising others to illegally cross the border. After serving two years, she was transferred to Hong Kong, and has been detained in Hong Kong and the mainland for a total of three and a half years. Kiu Yuen was involved in the Mong Kok bomb case and earlier pleaded guilty to three charges of perverting the course of justice, possessing explosives and making explosives. She was sentenced to five years and one month in prison at the District Court today (30th). In a personally written mitigation letter, the defendant said: “On the first New Year’s Eve after I was captured, two women sent by the Liaison Office and the State Council came to visit me, helping me understand that the country still cares about Hong Kong’s young people.” Judge Chen Kwok-chi said the escape plan involved agencies on the Taiwan side and could be described as having “connections reaching from heaven to earth”. If the defendant had successfully evaded legal punishment, it would have been “a grave insult to the rule of law” and “a dagger As One stabbing Hong Kong’s long-standing bail system hard”. Judge Chen also said there was reason to believe that those who successfully absconded would not live quietly abroad, but would instead launch extensive attacks on and condemnation of Hong Kong’s regime. In addition, Judge Chen said the parties seemed not to know whether they would encounter rough seas and capsize during the voyage, or even “encounter pirates and find themselves in danger”.
12港人案之一的喬映瑜，於2020年在內地法院承認組織他人偷越邊境，服刑兩年後移交本港，她在中港合共已關柙3年半。喬原涉旺角炸彈案，早前承認妨礙司法公正、管有及製造爆炸品共3罪，今（30日）在區域法院被判囚5年1個月。被告親撰求情信指，「被抓獲後的第一個除夕，中聯辦及國務院委派兩名女士前來探訪，使我理解到國家還是關心香港年輕人」。法官陳廣池指，潛逃計劃牽涉台灣方面機關，可說是「搭上天地線」；若被告成功避開法律制裁，是「對法治的莫大侮辱」，亦「有如一把匕首，向香港一貫的保釋制度狠狠捅了一刀」。陳官亦指，有理由相信成功潛逃者不會默默在外地居住，而是大肆對香港的政權攻擊和謾罵。另外，陳官提到各人似乎不知航行途中會否遇風浪反艇，甚或「遇上海盜而身陷險境」。
11 Jan 2024獨媒#2804
【12港人】喬映瑜認妨礙司法公正 官指屬「跨境罪行」 質疑其他被告判刑過輕、但律政司無覆核
QUINN Moon, one of the defendants in the case involving the 12 Hong Kong residents, admitted in a mainland court in 2020 to organising others to illegally cross the border and was sentenced to two years in prison. She completed her sentence in August last year and was transferred to Hong Kong, where she has been remanded for more than a year. Kiu Yuen was wanted in connection with the Mong Kok bomb case. She pleaded guilty at the District Court today (11th) to three charges—perverting the course of justice, possession of explosives and making explosives—and was remanded until 30 January for sentencing. The facts of the case revealed that the defendant was responsible for reporting to her accomplices by satellite phone during the voyage. Judge Chan Kwong-chi asked whether Morse code had been used. The defence explained that English letters and numbers were transmitted in a coded manner; the defendant reported “all safe” several times, but said “law enforcement officers” on the final occasion. The defence also said that the other seven people involved in the same incident had previously been sentenced to between seven and 10 months in prison. Judge Chan asked the prosecution: “Don’t you think the sentences were too light?” The prosecution said the Department of Justice had not applied for a review of the sentences. Judge Chan stressed that the case involved a “large-scale operation” and was a “cross-border offence”, adding: “So I am very surprised that there has been no subsequent action” by the Department of Justice. The defence stressed that it would be unfair to the defendant if she received a heavier sentence than the others involved in the same case. Judge Chan responded: “She can appeal,” and said: “Justice is not only for the defendant; there is also social justice.”
12港人案之一的喬映瑜，於2020年在內地法院承認組織他人偷越邊境，被判監兩年，去年8月服刑完畢並移交本港，至今已還柙逾一年。喬原涉旺角炸彈案被通緝，她今（11日）在區域法院承認「妨礙司法公正」、「管有爆炸品」及「製造爆炸品」共3罪，還柙至1月30日判刑。案情透露，被告在航行期間負責用衛星電話向同夥匯報。法官陳廣池問是否用「摩斯密碼」，辯方解釋以保密方式傳送英文及數字，過程中數次表示「平安」，惟最後一次表示「有執法人員」。另外，辯方表示涉同一事件的其餘7人，早前被判囚7至10個月。但陳官問控方：「唔覺得判得輕咩？」控方指律政司無提出刑期覆核。陳官強調，本案屬「大規模行動、跨境罪行」，「所以我好詫異點解（律政司）無後續行動。」辯方強調，若被告判刑比同案人士更重，會對她不公。陳官反駁：「佢（被告）可以上訴㗎」，並指：「公義唔係只係對被告，亦都有社會公義。」
23 Aug 2023法庭線#8246
12港人｜鄧棨然涉管汽油彈區院應訊 還押至11.2再訊
In August 2020, 12 Hong Kong people were suspected of attempting to flee to Taiwan but were intercepted and detained by the Guangdong maritime police. Ten of them were charged in mainland China with offences including organising others to illegally cross the border, and were sentenced to between seven months and three years in prison. Tang Kai-yin, who received the longest sentence of three years for organising others to illegally cross the border, completed his sentence in mainland China and was handed over to Hong Kong police on Tuesday (22nd). On Wednesday, he appeared in the District Court in connection with a 2019 case in which he was accused of handling petrol bombs.
The defence applied for an adjournment, saying that Tang’s legal-aid application had earlier been revoked and that he needed time to reapply. Judge Ko King-sau approved the application. The judge also raised concern that the charges had previously been amended in Tang’s absence; the prosecution said the latest charge sheet would be used. Tang did not apply for bail and was remanded until November 2 for a further hearing.
2020 年 8 月，12 名港人涉嫌潛逃到台灣，途中被廣東海警截獲拘留，當中 10 人在內地被控組織他人偷越邊境罪等罪，判囚 7 個月至 3 年。當中刑罰最重、因「組織他人偷越邊境」罪判囚 3 年的鄧棨然，內地刑滿出獄，周二（22 日）移交香港警方，周三就 2019 年被指管汽油彈案，在區域法院提訊。
辯方申請押後案件，指鄧早前申請法援被撤銷，需時再申請，獲法官高勁修批准。法官另關注，案件早前在鄧缺席下曾修改控罪，控方指會以最新控罪書為準。鄧棨然沒保釋申請，還押至 11 月 2 日再訊。
Translations are supplied by the source workbook. Consult the original reporting for context.
