‘SUCK Channel’ administrator’s bid for leave to appeal conspiracy-to-incite convictions rejected; judgment says trial court reached ‘unassailable conclusions’
「SUCK Channel」管理員串謀煽惑罪成申上訴被拒 判詞：原審已作「無可批評的結論」
During the 2019 anti-extradition bill movement, the Telegram channel ‘SUCK Channel’ was alleged to have published multiple posts inciting others to commit offences. The channel administrator, surnamed Ng, was convicted after trial on seven counts of conspiracy to incite and sentenced to six and a half years’ imprisonment in May 2022. Dissatisfied with the convictions, Ng appeared in person last Friday (17th) to apply to the Court of Appeal for leave to appeal. Judge Pang Wai-cheong dismissed the application the same day. In a judgment handed down on Tuesday (21st), the judge explained the reasons for the decision, saying that the issues raised by the applicant were the same as those advanced by the defence at trial, and had been rejected one by one by the trial judge. After examining the trial judge’s written judgment in detail, the judge considered that the trial judge had analysed all the issues ‘comprehensively and meticulously’ and reached ‘unassailable conclusions’. The judge could see no error in the trial court’s analysis. Conversely, the applicant had failed to put forward valid grounds of appeal, and the application was therefore dismissed.
2019 年反修例運動期間，Telegram 頻道「SUCK Channel」被指發布多條煽惑他人犯罪的貼文，伍姓頻道管理員經審訊後，被裁定 7 項串謀煽惑罪成，2022 年 5 月被判囚 6 年半。伍不服定罪，上周五（17 日）親自應訊向上訴庭申請上訴許可，法官彭偉昌即日駁回其申請。 法官周二（21 日）頒下判詞解釋裁決理由，法官認為申請人提出的議題，正是辯方在原審時提出的議題，而原審官已一一駁斥。法官指，他詳細翻閱原審書面判詞後，認為原審官已「全面及細緻」剖析所有問題，並作出「無可批評的結論」。法官看不到原審的分析有任何出錯，相反申請人未能提出有效的上訴理由，故駁回其申請。