🕒 最後更新 12 December 2024 15:00
經貿辦間諜案
倫敦中央刑事法院直擊報道
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兩被告不認罪 案件延至明年三月開審
香港駐倫敦經濟貿易辦事處行政經理袁松彪,與希斯路機場前邊防人員衞志樑,涉嫌違反英國《國家安全法》,被控協助香港情報機構蒐集情報和外國干預罪,而衞志樑另被指利用公職人員身份不當使用內政部的電腦數據庫,被加控公職人員行為失當罪。兩人今在中央刑事法院正式答辯,否認所有控罪。
案件原定於明年2月10日開審,但女法官 Cheema-Grubb有鑑於兩被告先後更換法律團隊,而且涉及大量證據,遂將案件押後4星期,至明年3月10日始開審,屆時將有陪審團, 而案件將於明年2月14日進行預審。
首被告袁松彪今由多次到香港打官司的御用大律師Jonathan Caplan代表,次被告衞志樑則由御用大狀Aftab Jafferjee代表。控方亦出動御用大律師Duncan Atkinson 及Alistair Richardson應訊。
兩被告今正式就控罪答辯,當法庭書記分別向兩人讀出控罪時,袁松彪先後就兩罪以英語清楚地回應:I plea not guilty(我不認罪)、Not guilty(不認罪);而被控三罪的衞志樑則三次表示:Not guilty (不認罪)。
案中兩被告為香港退休警司、現任香港駐倫敦經貿辦經理袁松彪(64歲),及曾經駐守希斯路機場的邊防人員衞志樑(38歲),兩人均擁有中國及英國雙重國籍。
他們共同被控兩項違反英國《2023 年國家安全法》罪行,第一項控罪指他們聯同他人,在2023年12月20日至2024年5月2日期間協助境外情報部門,同意在英國進行資訊收集、監視和欺騙行為。第二項控罪,則指他們聯同他人涉嫌於今年5月1日強行進入英國一個居住地址,犯有「外國干預」。
另外,衞志樑被控一項公職人員行為失當罪,指他於2022年9月16日至今年5月2日在擔任公職人員,即任英國邊防人員期間,在沒有正當理由下故意作出不當行為,即利用其職權在內政部數據庫進行搜尋。
經貿辦副處長黃凱鈴今沒有到庭,但助理處長胡文匡與另一男子,則一早排隊循公眾通道入庭旁聽法庭程序,並認真抄寫筆記。至於經常旁聽本案的三名操普通話男子,今則未有現身。
HKETO duo plead not guilty to spying charges
An official of the Hong Kong government’s Economic and Trade Office (HKETO) in London and his alleged accomplice on Thursday formally denied charges of spying for a foreign intelligence service, and for breaking into a home in the UK.
The not guilty plea made by HKETO manager Bill Yuen Chung-biu and security firm owner Peter Wai Chi-leung at London’s Central Criminal Court mark the start of a protracted proceeding, with the date of a six-week jury trial set for 10 March 2025.
At the pre-trial hearing before Justice Bobbie Cheema-Grubb, Yuen, 64, and the 38-year-old Wai assumed the dock and were asked for the first time to enter a plea since their arrest by the UK police in May. The pair have been released on bail and had made four court appearance since then.
Spotting a navy suit and tie, Yuen appeared calm and relaxed, while Wai sat expressionless two chairs apart from his alleged accomplice wearing a grey blazer and dark tie. Both rose to declare “not guilty” when the clerk read out the respective charges.
Both Yuen and Wai were charged for two counts of offences under the National Security Act 2023. The court heard that under the first charge, Yuen and Wai together with others unnamed persons agreed to undertake information gathering, surveillance and acts of deception between 20 December 2023 and 2 May 2024, that was likely to assist a foreign intelligence service, in contrary to section 3(2) and (9) of the Act. For the second charge, the pair and other unnamed persons were accused of engaging in forced entry into a UK residential address on 1 May 2024, being reckless as to whether the prohibited conduct, or course of conduct of which it forms part, would have an interference effect, in contrary to section 13(2) and (7).
Wai was also charged for the common law offence of misconduct in public office, where he was accused of wilfully misconducted himself between the 16 September 2022 and 2 May 2024 by conducting searches of Home Office databases available to him in his role as a public officer, namely a UK Border Force Officer, without any justification for doing so. The pair will next appear in court for a pre-trial hearing on 14 February 2025.
Justice Cheema-Grubb postponed the original scheduled commencement of the trial by four weeks to 10 March, after taking into account the growing amount of evidence presented by the prosecution lead by Duncan Atkinson, KC, as well as the requests by Yuen and Wai’s legal teams respectively headed by Jonathan Caplan, KC and Aftab Jafferjee, KC, who wanted more time to put together their defence.
袁松彪御用大狀多次代表港府打官司
香港駐倫敦經濟貿易辦事處行政經理袁松彪與希斯路機場前邊防人員衞志樑,被控協助香港情報機構蒐集情報和外國干預罪,案件今午再次進行審前覆核。袁松彪終由御用大狀代表,而人選正是經常到港打官司,至少7次代表香港政府的御用大律師Jonathan Caplan。
由於處理案件的女法官 Cheema-Grubb正於Woolwich Crown Court處理一宗審訊,故本案今午移師到該法院處理。兩被告獲法官批准不用出庭,代表兩人的律師團,以及檢控官亦全以視像方式向法庭陳詞。
礙於案件設有陪審團,傳媒不能披露今日的聆訊內容,而法官將案件定於下月12日於中央刑事法庭再訊。屆時兩被告必須出庭。
袁松彪聘得御用大律師 Jonathan Caplan 及大律師Michael Hick代表。翻查紀錄,Jonathan Caplan曾至少7次到港代表政府處理原訟法庭或上訴案件,包括陳志雲案、楊家誠案、七警案、「窩輪天王」吳鎮濤的造市案、律師楊威妨礙司法公正案、大律師黃志偉妨礙司法公正案,以及一宗洗黑錢案。
Jonathan Caplan亦曾代表李明治、邱達昌、陳奕迅父親陳裘大受賄案其中一名被告、Uber司機非法取酬載客案的一眾司機、律師林炳昌涉妨礙司法公正案中黃創光的女友徐敏偲等。
而衞志樑的律師團亦有變動,上次代表他的御用大律師 Mark Heywood,已換為另一名御用大狀Aftab Jafferjee代表,而大律師Justin Hugheston-Robert 則一直留在律師團隊。
代表控方的為御用大律師 Duncan Atkinson 及Alistair Richardson。
在過往審訊均有到庭旁聽的經貿辦副處長黃凱鈴和助理處長胡文匡,今日亦杳無影蹤,但有三名操普通話的男子嘗試入庭旁聽,但由於坐位已滿,只得一人能留在庭內,其餘兩人則坐於庭外等候。當被記者問三人為何會到庭旁聽,其中一人說是路過,一人則指自己有旁聽的自由。
案件定於明年2月10日在俗稱Old Bailey的中央刑事法庭審理,預計聆訊需時四至六星期。
案中兩被告為香港退休警司、現任香港駐倫敦經貿辦經理袁松彪(64歲),及曾經駐守希斯路機場的邊防人員衞志樑(38歲),兩人均擁有中國及英國雙重國籍。他們被控兩項違反英國《2023 年國家安全法》罪行,第一項控罪指他們在2023年12月20日至2024年5月2日期間協助境外情報部門,同意在英國進行資訊收集、監視和欺騙行為。第二項控罪,則指他們涉嫌於今年5月1日強行進入英國一個居住地址,犯有「外國干預」。
Court orders HKETO duo to attend hearing before Christmas ahead of spy case trial
A London court on Friday ordered a Hong Kong official and his alleged accomplice in a high-profile espionage case to attend a hearing on 12 December 2024.
The stepping up of pre-trial proceedings came as defendants Bill Yuen Chung-biu, 64, manager of the Hong Kong Government’s Economic and Trade Office in London, and 38-year-old security firm owner Peter Wai Chi-leung, both beefed up their legal team.
The duo was arrested earlier this year for assisting a foreign intelligence service and foreign interference, and have been released on bail. They have appeared in court three times since, with date for a jury trial set on 10 February 2025.
At a hearing on Friday at the Woolwich Crown Court conducted via video links, Justice Bobbie Cheema-Grubb handled case management matters including timetabling and applications from the legal teams of the defendants, who have themselves been excused from attending.
The details of the hearing cannot be reported to avoid affecting the jury in the upcoming trial. The prosecution laid a new charge against Wai, who is a former UK Border Force officer based in Heathrow Airport, for misconduct in public office, contrary to common law.
The court ordered Yuen and Wai to attend a hearing in person at the Central Criminal Court on 12 December. Both Yuen and Wei have yet to plea.
At Friday’s hearing, criminal lawyer Jonathan Caplan, KC, made a debut as lead of Yuen’s legal team. Caplan regularly represents the Hong Kong government, including the appeal against the convictions of police assaulting activist Ken Tsang during the Occupy movement in 2014, and the Carson Yeung money laundering appeal in 2016. Wai’s legal team also brought in Aftab Jafferjee, KC, who specialises in terrorism, homicide and secret cases.
No HKETO representatives was seen at the Friday hearing, but three mandarin-speaking men told reporters that they sat in as members of the public.
袁松彪換大狀求撤宵禁令失敗
香港駐倫敦經濟貿易辦事處行政經理袁松彪與希斯路機場前邊防人員衞志樑,被控協助香港情報機構蒐集情報和外國干預罪,案件今早在俗稱Old Bailey 的中央刑事法院預審。袁松彪一方向法庭指,因為本月初更換法律團隊,要求有更多時間處理文件事宜,並要求取消宵禁令。法官允許更改部分期限,但拒絕撤銷宵禁令。 兩人仍未正式答辯,案件押後至下月22日再次預審。
兩名被告今早身穿西裝,由律師陪同下先後抵庭。案件定於早上十一時半開庭,第二被告衞志樑未到十時已抵達。兩人面對記者的提問均不欲多言,袁松彪只重複說:「唔好意思,唔好意思。」衞則目無表情說「You can ask me whatever you like」,言下之意不會回答記者提問。
兩人的保釋條件之一,為兩人不可有接觸,就今日所見他們沒有交談。開庭後他們逕自走進犯人欄內就坐,當法庭書記逐一讀出他們的名字時,兩人舉手回應。
案件今日由女法官 Cheema-Grubb 處理。代表袁松彪的大律師 Michael Hicks 向法庭指,由於袁在本月4日更換了法律團隊,直至本月11日才取得涉案文件,實際上只有九個工作天處理文件,所以並未能趕及法庭定下的進度時間表,要求更改有關進度,但不斷強調希望可按原定日期明年2月開審。
Michael Hicks 指在處理警誡供詞的翻譯,取得聲音方面的證據等均遇到困難。他指若控方可以提供更詳細的案情撮要,並詳細指出控方認為違法的舉動或訊息,可以加快辯方處理證據的速度。
代表衞一方的御用大律師 Mark Heywood 亦指由於涉及大量文件,辯方未能及時回應,而且取得控方未有採納的材料(unused materials)方面亦有困難,同意需要更多時間。另一位代表衞志樑的大律師 Justin Hugheston-Robert 今日亦在庭。
代表控方的御用大律師 Duncan Atkinson 反駁指,之前所提供的案情撮要已經非常詳細,並清楚指出相關的人物及所涉的犯罪行為,相信已沒有遺漏,而且辯方從沒有提出內容不足夠。
控方又指,若按袁一方提出的新進度時間表,完成所有進度後,距離開庭日期只餘下一個月,這樣不可接受。
法官最後同意將部分處理文件及提出申請的限期延遲,並排期下月22日再度預審,審視案件進度。她特別提醒兩被告因為時間緊逼,須與代表律師合作。
案件於上次提堂時,已定於明年2月10日在 Kingston Crown Court 開審,預計聆訊需時四至六星期,屆時將會有陪審團。但法庭今透露,案件將於Old Bailey審理。
案中兩被告為香港退休警司、現任香港駐倫敦經貿辦經理袁松彪(64歲),及曾經駐守希斯路機場的邊防人員衞志樑(38歲),兩人均擁有中國及英國雙重國籍。他們被控兩項違反英國《2023 年國家安全法》罪行,第一項控罪指他們在2023年12月20日至2024年5月2日期間協助境外情報部門,同意在英國進行資訊收集、監視和欺騙行為。第二項控罪,則指他們涉嫌於今年5月1日強行進入英國一個居住地址,犯有「外國干預」。
經貿辦副處長黃凱鈴和助理處長胡文匡汲取上次在最後一刻才入到法院的教訓,今晨一早到公眾席排頭位,見到在場記者拍照,即轉身面向牆壁避開鏡頭。
兩被告原與前皇家陸戰隊成員、在內政部擔任移民官的 Matthew Trickett(37歲)一同被控,案件5月13日於西敏寺裁判法院首次提堂,三人獲准保釋。惟 Matthew Trickett 在5月19日被發現陳屍寓所附近公園。警方指經調查後認為 Matthew Trickett 死因無可疑。控方於上次提堂時,向法庭稱由於驗屍官已證實 Matthew Trickett 死亡,申請終止對他的起訴。
案件押後期間,兩被告獲准保釋候訊,條件包括須交出旅遊證件及不准離境、不得接觸另一被告或證人、遵守每天晚上十時至翌日早上五時的宵禁令、每周向警方報到,並須知會警方他們所使用的電子器材及應用程式,不得刪除對話紀錄,警方可隨時檢閱兩人的手機訊息。
Judge rejects Hong Kong envoy’s request to lift curfew for bail in spy case trial
A judge on Friday rejected the request by a Hong Kong official who is facing spying charges to lift a daily curfew from the bail conditions, and ordered him and his alleged accomplice to report back for another hearing within a month.
Yuen Chung-biu (known as Bill Yuen), 64, manager of the Hong Kong Government’s Economic and Trade Office in London, and Wai Chi-leung, aka Peter Wai, 38-year-old security firm owner and border force officer at Heathrow Airport, appeared this morning at London’s Central Criminal Court, known as the Old Bailey, to answer for charges brought against them in an unprecedented case under Britain’s national security law.
The timing of the prosecution, which caused a diplomatic storm between Beijing and London when it first came to light in May, now coincides with a delicate period when Britain and China restarted diplomatic dialogue aiming to achieve pragmatic relations.
Both wearing navy-coloured suits and blue ties, Yuen and Wai arrived separately at the court about two hours ahead of what was listed as a pre-trial hearing, which started at 11:30am before Justice Bobbie Cheema-Grubb. No plea was taken when the duo assumed the dock, who only raised their hands when asked to confirm their identity.
The duo was arrested earlier this year for assisting a foreign intelligence service and foreign interference, and have been released on bail subject to police monitoring of mobile communications, confiscation of travel documents, and curfew from 10pm to 5am.
Yuen’s barrister Michael Hick, who has recently taken up the brief following a change of Yuen’s defence team, made several procedural requests to the court including the need for a more detailed case summary, and longer deadlines for the defendants to consider case dismissal and request for anonymity.
The barrister also applied for the court to lift the curfew requirement, while agreeing to keep the rest of the bail conditions.
While making no application regarding lifting the curfew, Wai’s barrister Mark Heywood, KC, also complained about difficulties with handling large amount of case materials, and agreed with Hick’s request for additional time.
But the prosecution’s barrister Duncan Atkinson objected to Yuen’s request regarding the curfew, and said the original prosecution timetable and the case materials already provide sufficient room for the defendants to put up a defence.
After taking into account the arguments from the prosecution and defendants, Justice Cheema-Grubb said she considered the curfew as a necessary and significant part of the bail conditions and must continue. After making certain adjustments to the timetable, the judge ordered the defendants to appear again at another pre-trial hearing on 22 November.
She also ordered that the location of the trial by jury, which was scheduled to be held at the Kingston-upon-Thames Crown Court on 10 February 2025, be moved back to the Old Bailey.
Yuen and Wai deliberately avoided each other at the court today, but both interacted with the media for the first time.
When asked by Green Bean Media on whether he was still on full duty at the HKETO, Yuen smiled, and casually tapped the shoulder of a journalist, saying, “I am sorry, very sorry.” In contrast, a stony-faced Wai snapped back at reporters’ questions on how he has been keeping since May. “You can ask whatever you want,” Wai said, before storming away down the hall.
Yuen and Wai last attended a hearing at the Old Bailey on 24 May. Before that, they first appeared at the Westminster Magistrates’ Court on 13 May 2024. The court heard that between 20 December 2023 and 2 May this year, Yuen, Wai and the now-deceased third defendant Matthew Trickett agreed to undertake information gathering, surveillance and acts of deception that were likely to assist a foreign intelligence service, in contrary to section 3 (1) and (9) of the National Security Act 2023.
It is also alleged that they forced entry into a UK residential address on 1 May, being reckless as to whether the prohibited conduct, or course of conduct of which it forms part, would have an interference effect, contrary to section 13 (2) and (7) of the act.
The prosecution against Trickett, a former Royal Marine commando who was found dead at a Berkshire park under no suspicious cause of death just days before the last hearing at the Old Bailey, has since been discontinued.
Media attendance of today’s hearing was less intense compared to the last hearing. In contrast, officials from the HKETO, led by its Deputy Director-General Amy Wong Hoi-ling and Assistant Director-General Stanley Woo Man-hong, arrived early in the morning and managed to secure the first in the queue to grab seats at the public gallery.
Since the start of the prosecution, Hong Kong’s official trade outpost in London has been under intense pressure from Westminster, where some parliamentarians had raised questions about its status as well as concerns over alleged transnational repression.
But Sino-British relations are apparently warming up under the new Labour government, in particular following a visit by Foreign Secretary David Lammy to Beijing last week, where he described it as the beginning of a process to restart dialogue.
經貿辦間諜案今預審
香港駐倫敦經濟貿易辦事處行政經理袁松彪與希斯路機場前邊防人員衞志樑,被控協助香港情報機構蒐集情報和外國干預罪,案件將於今日上午在俗稱 Old Bailey 的中央刑事法院預審,預計兩人將正式答辯,並就明年審訊定下細節。
被告為香港退休警司、現任香港駐倫敦經貿辦經理袁松彪(64歲),及曾經駐守希斯路機場的邊防人員衞志樑(38歲),兩人均擁有中國及英國雙重國籍。他們被控兩項違反英國《2023 年國家安全法》罪行,第一項控罪指他們在2023年12月20日至2024年5月2日期間協助境外情報部門,同意在英國進行資訊收集、監視和欺騙行為。第二項控罪,則指他們涉嫌於今年5月1日強行進入英國一個居住地址,犯有「外國干預」。
案件於上次提堂時,已定於明年2月10日在 Kingston Crown Court 開審,預計聆訊需時四至六星期,屆時將會有陪審團。
今日的預審由女法官 Cheema-Grubb 處理,預計只需時約半小時。
經貿辦副處長黃凱鈴和助理處長胡文匡汲取上次在最後一刻才入到法院的教訓,今晨一早到公眾席排頭位,見到在場記者拍照,即轉身面向牆壁避開鏡頭。
兩被告原與前皇家陸戰隊成員、在內政部擔任移民官的 Matthew Trickett(37歲)一同被控,案件5月13日於西敏寺裁判法院首次提堂,三人獲准保釋。惟 Matthew Trickett 在5月19日被發現陳屍寓所附近公園。警方指經調查後認為 Matthew Trickett 死因無可疑。控方於上次提堂時,向法庭稱由於驗屍官已證實 Matthew Trickett 死亡,申請終止對他的起訴。
案件押後期間,兩被告獲准保釋候訊,條件包括須交出旅遊證件及不准離境、不得接觸另一被告或證人、遵守每天晚上十時至翌日早上五時的宵禁令、每周向警方報到,並須知會警方他們所使用的電子器材及應用程式,不得刪除對話紀錄,警方可隨時檢閱兩人的手機訊息。
Hong Kong envoy in the UK to plea with co-defendant over spying charges
A Hong Kong official and his alleged accomplice accused of spying in the UK will speak for the first time in court today, to answer for the charges brought against them in an unprecedented case under Britain’s national security law.
The hearing of Yuen Chung-biu (known as Bill Yuen), 64, who is manager of the Hong Kong Government’s Economic and Trade Office in London, and 38-year-old security firm owner and border force officer at Heathrow Airport Wai Chi-leung, aka Peter Wai, coincides with a delicate period when Britain and China restarted diplomatic dialogue aiming to achieve pragmatic relations.
The duo, who are on bail subject to police monitoring and curfew since their last court appearance on 24 May, are expected to make a plea at Court 13 of the Central Criminal Court in London at 11.30am before Justice Bobbie Cheema-Grubb, who will oversee pre-trial preparation.
HKETO Deputy Director General Amy Wong Hoi-ling and Assistant Director General Stanley Woo Man-hong were spotted at the front of the public gallery early this morning, promptly facing the wall when journalists attempted to capture their image.
Yuen and Wai were arrested earlier this year for assisting a foreign intelligence service and foreign interference. They first appeared at the Westminster Magistrates’ Court on 13 May 2024. The court heard that between 20 December 2023 and 2 May this year, Yuen, Wai and the now-deceased third defendant Matthew Trickett agreed to undertake information gathering, surveillance and acts of deception that were likely to assist a foreign intelligence service, in contrary to section 3 (1) and (9) of the National Security Act 2023.
It is also alleged that they forced entry into a UK residential address on 1 May, being reckless as to whether the prohibited conduct, or course of conduct of which it forms part, would have an interference effect, contrary to section 13 (2) and (7) of the act.
The prosecution against Trickett, a former Royal Marine commando who was found dead at a Berkshire park under no suspicious cause of death just days before the last hearing at the Old Bailey, has since been discontinued.
Yuen and Wai – both with dual Chinese and British nationality, did not enter a plea at the last hearing. They were told to expect trial by jury at the Kingston-upon-Thames Crown Court scheduled for 10 February 2025, with the hearing estimated to take up to six weeks.
The timing of the case – the first time Hong Kongers have been prosecuted under the UK’s new national security legislation, comes at a delicate time just days after Foreign Secretary David Lammy’s visit to Beijing last week.
採訪手記:到Old Bailey聽審的過五關斬六將
自從得悉經貿辦間諜案今早將於俗稱Old Bailey的中央刑事法院提訊,好多粒綠豆便忙於籌劃這次的法庭採訪。
即使綠豆記者在香港有採訪法庭的經驗,但對英國法院審訊程序的認識等於零。後來發現原來Old Bailey保安極嚴密,除非以記者身分入庭,否則進入法院大樓的公眾均不能攜帶電話、電腦、電池、相機或攝錄器材,所帶的隨身袋大小亦有所限制。
由於法院只承認指定的記者證,為了以記者身分入庭聽審並作文字直播,綠豆們連日聯絡有關部門以取得入庭採訪的資格。幾經爭取,於案件開庭前最後一小時,綠豆記者終於獲准以記者身分入庭採訪。
案件吸引多間香港傳媒派員採訪,亦有傳媒選擇事前向法庭申請,取得連結看法庭直播,遠距離旁聽案件。主控官甫開庭即向法官指,得悉有很多人獲批觀看法庭直播,但亦請法官再次提醒觀看直播的人士,必須遵守不得截圖及轉播的規定。
綠豆記者進入法庭,通過金屬探測器掃描安檢後,便直奔一樓的第六號法庭。上到一樓看到左邊一排法庭大門,右邊則是讓大狀、被告及家屬休息或議事的多排長櫈及長枱,場景與香港的高等法院類似,只是建築風格比較「懷舊」,感覺熟悉但又陌生,令人想起昔日在高院埋頭苦幹聽審或等夜庭的日子。
HK duo on UK spying charges to face trial in February, after “unexplained death” of co-defendant
A Hong Kong government official in the UK and a security company director accused of spying have on Friday been told to face trial in February next year, although the prosecution dropped charges for an alleged co-conspirator who was found dead days before the hearing.
It is the first time that Yuen Chung-biu (known as Bill Yuen), 63, who is manager of the Hong Kong Government’s Economic and Trade Office (HKETO) in London, and 38-year-old security firm owner Wai Chi-leung, aka Peter Wai, appeared in court after the death of the third defendant, 37-year-old former Royal Marine commando Matthew Trickett on 19 May. Police have earlier said they were investigating Trickett’s death at a Berkshire park under “unexplained circumstances”.
The case which sees the trio being charged by the UK authorities for assisting a foreign intelligence service and foreign interference have stirred a diplomatic storm since their first mention at a lower court on 13 May. The Chinese side has so far dismissed the allegations as unjustified, while British politicians are starting to question the role of Hong Kong’s trade outpost in London amid on-going concerns about the freedom and human rights situation in the SAR.
Yuen, who was accompanied by barrister Sailesh Mehta, arrived at the Central Criminal Court in London (known as the Old Bailey) about an hour ahead of the case’s preliminary hearing at 10.15am. Wai appeared at about 9.40am, surrounded by an entourage of several suited men, including barrister Justin Hugheston-Robert. Both Yuen and Wai made no comment in response to media questions on how the death of Trickett has affected their case’s prospects.
Spotting dark suits and sitting upright inside court, both Yuen and Wai followed attentively at the exchange between the prosecution, their defence lawyers and Mr Justice Jeremy Baker who presided at the case’s preliminary hearing. The prosecution told the court that charges against Trickett were dropped due to his death. Trickett’s side did not send any legal representation.
Yuen and Wai – both with dual Chinese and British nationality, did not enter a plea. They have been told to expect trial by jury at the Kingston-upon-Thames Crown Court scheduled for 10 February 2025, with the hearing estimated to take up to six weeks. They are due to reappear at the Old Bailey on 25 October 2024 for another pre-trial review.
In concluding the half-hour hearing, the judge agreed to remove the requirement for the pair to carry electronic monitoring devices during their time on bail, although the rest of the current bail conditions, including police monitoring of mobile communications, confiscation of travel documents and curfew from 10pm to 5am, will continue.
As a large part of the evidence raised by the prosecution involves digital communications, the judge asked whether the defence would require expert witnesses on this front. Lawyers of both defendants responded in the negative, but did not rule out such possibilities as the case progresses.
The trio first appeared at the Westminster Magistrates’ Court on 13 May 2024. The court heard that between 20 December 2023 and 2 May, Yuen, Wai and Trickett agreed to undertake information gathering, surveillance and acts of deception that were likely to assist a foreign intelligence service, in contrary to section 3 (1) and (9) of the National Security Act 2023. It is also alleged that they forced entry into a UK residential address on 1 May, being reckless as to whether the prohibited conduct, or course of conduct of which it forms part, would have an interference effect, contrary to section 13 (2) and (7) of the act.
The high-profile hearing today at the Old Bailey – a court usually reserved to hear criminal cases of the most serious nature – marks the first time that Hong Kongers have been prosecuted under the UK’s new national security legislation. It has attracted an unusually large number of local and foreign journalists – where almost half of them representing the Chinese and English-language Hong Kong media. Several mandarin-speaking men, sporting casual jackets and wearing cross-body bags or rucksacks, were seen attempting to gain entry first to the press and later the public galleries. They had been turned away because of failure to fulfill stringent entry requirements imposed by the court, which include a ban to carry commonplace personal items such as mobile phones, laptop computers and backpacks into the public galleries.
Members of the public unaware of the banning list were not the only group inconvenienced by the requirements, which had caused a stir among tourists, legal students, and other journalists competing for space with Hong Kong officials who received no privileges. Amy Wong Hoi-ling, Deputy Director General of HKETO, and Assistant Director General Stanley Woo Man-hong who joined the queues for the public galleries at about 9.30am, almost missed the occasion. After hastily leaving to deposit their mobile phones and bags at a nearby shop for a fee, they re-joined the back of the queue in tandem at 10.14am – a minute before the start of the hearing. Wong managed to enter the public galleries in time to hear the judge’s final comments to the defendants before the hearing closed at 10.42am.
Wong was seen to be conversing with a third suited man in a low voice when she exited the court building. When confronted by the media after the hearing, Wong declined to comment on questions such as how the case has affected the ETO’s operation, whether Yuen would continue working for the office, if legal support would be given to the defendants, and whether representatives from the Chinese Foreign Ministry have attended the hearing or have been in touch about the case.
During a meeting with the British Consulate General on Thursday, Hong Kong’s Secretary for Commerce and Economic Development Algernon Yau Ying-wah demanded the UK side to give an open account of Trickett’s death as soon as possible “to let the public know the truth and prevent unwarranted speculation”, according to the bureau.
英諜案定於明年2月開審 控方終止對Matthew Trickett起訴
英國政府起訴香港駐倫敦經貿辦行政經理袁松彪及另兩名男子,協助香港情報機構蒐集情報和外國干預罪。案件今早在中央刑事法院作初步聆訊,控方對已證實死亡的Matthew Trickett終止起訴。案件定於明年2月10日在Kingston Crown Court 開審,預計聆訊需時4至6星期,屆時將會有陪審團。
三名被告為退休警司、現任香港駐倫敦經貿辦經理袁松彪(63歲)、曾經駐守希斯路機場的邊防人員衞志樑(38歲),以及前皇家陸戰隊成員、在內政部擔任移民官的Matthew Trickett (37歲)。
案件今日由法官Jeremy Baker處理,袁松彪由大律師 Sailesh Mehta代表,衞志樑則由大律師Justin Hugheston-Robert代表。Matthew Trickett沒有代表出庭。
袁及衞今天穿著整齊西裝應訊,獲安排坐於律師席最後排,毋須進入犯人欄。法庭書記請兩人站立確認身分,書記一度讀錯袁的名字,袁一臉茫然,及後需要袁親口改正「My name is Chung Biu Yuen」。聆訊期間兩人正襟危坐,袁全程雙手放於枱上,留心聽著雙方代表律師的發言。
控方向法庭稱,由於驗屍官已證實Matthew Trickett死亡,申請終止對他的起訴。
法官將案件定於明年2月10日在Kingston Crown Court開審,控辯雙方預計審訊需時4至6星期。案件並將於10月25日在中央刑事法庭預審。
袁松彪和衞志樑今日獲准以相同條件保釋,並獲准移除電子腳鐐。保釋條件包括交出旅遊證件及不准離境,不得接觸另一被告或證人,遵守每天晚上10時至翌日早上5時的宵禁令,每周向警方報到,並知會警方他們所使用的應用程式,不得刪除對話紀錄,而警方可隨時檢閱手機訊息。
三人共被控兩項違反英國《2023年國家安全法》罪行,第一項控罪指他們在2023年12月20日至2024年5月2日期間協助境外情報部門,同意在英國進行資訊收集、監視和欺騙行為。第二項控罪,則指他們涉嫌5月1日強行進入英國一個居住地址,犯有「外國干預」。
押後期間三名被告獲准保釋。惟其中Matthew Trickett於5月15日被發現陳屍寓所附近公園,警方指案件仍在調查,死因未明。
經貿辦官員「冇做功課」險錯失入庭旁聽
初步聆訊於今晨10時42分結束。當律師與法官在庭內討論審訊時間表和保釋條件等程序時,庭外排隊的公眾席人龍曾一度出現混亂情況,法庭訪客、市民、法律系學生和香港記者,以及對法院來說並沒有任何特權的經貿辦官員,都要排隊爭位入內旁聽。
經貿辦副處長黃凱鈴和助理處長胡文匡雖然早在9時30分已開始排隊,但他們顯然「冇做功課」,不知道法庭保安規定不得攜帶手提電話或大袋進入,只有望門輕嘆。他們一度急步離開,把物品存放在法院附近一間商店,未知是不是《綠豆》今早提醒市民,每個袋每天寄存費用要5英鎊的商店呢?
兩位經貿辦官員在上午10時14分重新加入隊列。這未免太遲了!聆訊在上午10時15 分就要開始。結果,兩人在上午10時42分聆訊將近結束前,及時進入公眾席,應該還可以聽到法官講的尾音。
黃凱鈴離開法院時,記者看到她與胡文匡以外的另一位穿西裝的男子低聲交談。她在庭外拒絕就案件如何影響經貿辦的運作、袁松彪是否會繼續在經貿辦返工、經貿辦是否會向被告提供法律支援,以及有否就事件接觸中國駐英大使等作任何評論。
HKETO officials arrived public gallery in time before hearing closes because of mobile phone hiccups
The preliminary hearing completed at 10.42am. While the lawyers discussed with the judge about the timetabling issues and the bail conditions, chaos reigned outside the queue for the public galleries where tourists, legal students, and Hong Kong journalists competed for space with HKETO officials who received no privileges.
Despite queuing since about 9.30am, HKETO Deputy Director General Amy Wong Hoi-ling and Assistant Director General Stanley Woo Man-hong were apparently unaware of the security requirements that no mobile phones nor large bags can be admitted. After hastily leaving to deposit their belongings at a nearby shop, they rejoined the back of the queue in tandem at 10.14am – too late to make it to the start of the hearing at 10.15am.
Wong entered the public galleries in time to hear the judge’s final comments to the defendants before the hearing closed at 10.42am.
Wong was seen to be conversing with a third suited man in a low voice when she exited the court building. When confronted by the media after the hearing, Wong declined to comment on questions such as how the case has affected the ETO’s operation, whether Yuen would continue working for the office, if legal support would be given to the defendants, and whether representatives from the Chinese Embassy have attended the hearing or have been in touch about the case.
袁松彪、衞志樑獲續保 移除電子腳鐐
間諜案今晨於中央刑事法院進行的初步聆訊結束。案件排期在明年2月10日於Kingston Crown Court開審,預計審訊四至六星期。兩名被告袁松彪及衞志樑將於本年10月25日再次出庭作審前覆核。
兩被告今日獲准以相同條件保釋,並獲准移除電子腳鐐。保釋條件包括交出旅遊證件及不准離境,不得接觸另一被告或證人,遵守每天晚上10時至翌日早上5時的宵禁令,每周向警方報到,並知會警方他們所使用的應用程式,不得刪除對話紀錄,而警方可隨時檢閱手機訊息。
袁松彪及衞志樑分別離開法庭
終止起訴Matthew Trickett 2025年2月10日正式開審
間諜案今早於中央刑事法院作初步聆訊,案件由法官Jeremy Baker處理。隨著原第三被告Matthew Trickett離世,有關對他的起訴也終止。案件排期在明年2月10日於Kingston Crown Court開審。
兩名被告袁松彪及衞志樑將於本年10月25日再次出庭作審前覆核。
Spy trial scheduled on 10 February 2025
The spy case has its preliminary hearing at the Central Criminal Court this morning before Justice Jeremy Baker. The prosecution against the 3rd defendant, Matthew Trickett, was discontinued following his death. The case is scheduled for trial at Kingston Crown Court on 10 February next year.
The two defendants Bill Yuen and Peter Wai will attend the court again for pre-trial review on 25 October this year.
第二被告衞志樑抵達法院
第二被告衞志樑與法律團隊於上午9時40分抵達法院。被《綠豆》問及他有否獲經貿辦的法律支援,以及第三被告離世對案件的影響,他都保持沉默。
Second defendant Peter Wai arrived at the Court
Second defendant Peter Wai arrived with the legal team at 9.40am. He stayed silent when asked by Green Bean whether the death of the 3rd defendant had any impact on his case. He also stayed silent when asked if he has received any legal backing by HKETO.
經貿辦官員在袁松彪到達法院後五分鐘抵達
經貿辦官員與袁松彪「前後腳」抵達法院,他們一開始未能找到正確入口,曾到律師、陪審團和傳媒入口嘗試進入,後來被指示在公眾入口排隊。被《綠豆》記者問及此案對經貿辦在英國的角色和地位產生的影響,以及第三被告離世對此案的影響,兩位官員都沒有回應。
HKETO officials arrived at the Court, queuing at the public entrance
HKETO officials arrived five minutes after Bill Yuen, and they made a failed attempt to gain entry through the entrance reserved for lawyers, jury and the press. They have been directed to queue at the public entrance. Both officials did not answer to Green Bean’s question on whether the case has any impact to HKETO’s role and position in the UK, nor the effect of the death of the third defendant has on the case.
袁松彪抵達法院大樓
第一被告香港駐倫敦經貿辦行政經理袁松彪於上午9時18分在律師陪同下抵達法院大樓。被《綠豆》記者問及第三被告Matthew Trickett離世對本案有何影響時,袁保持沉默。
Bill Yuen arrived at the Court
Tight security measures at Central Criminal Court (the Old Bailey)
Security measures at the Old Bailey have always been stringent – unlike the lower magistrates’ courts which are comparatively easy on admittance procedures. Here at the Old Bailey, if you are not lawyers, defendants, juries and journalists who are given fast-track access through the main gate, members of the public, including family of the defendants (and possibly representatives of the Hong Kong ETO) who want to observe the proceedings are required to queue at a dark side alley through a wooden door leading to the public galleries.
We are told by the security personnel that because of the status of the court building and the nature of the criminal cases being heard here, tighter security measures mean commonplace personal items such as mobile phones, laptop computers and backpacks are prohibited from being brought into the public galleries. But we have been given the tips that those who are unaware of the banned item list do not need to miss the hearings – there are shops down the road which offer safekeeping service for bags and mobile phones for as little as £5 per day.
Press started to gather outside the Court
A bright London sky greets rush hour commuters who are starting to pour out from the underground stations in the City of London, where the Central Criminal Court – known as the Old Bailey, is situated. Before the court opens for the Friday hearing, which is the last sitting day before the bank holiday long weekend, an unusually large press pack starts to gather outside the imposing building where some of the most notorious criminal cases had been tried at the capital.
進入法院嚴格保安檢查
中央刑事法院有嚴格的保安要求,除了例行要經金屬探測器掃瞄之外,攜帶進入公眾席的物品也有一定限制,公眾人士如攜帶大背囊或大袋,一旦高於32厘米、闊度超過27厘米、厚度超過13厘米,就不能帶進公眾席。即使不帶任何袋子,但帶著電話、電腦、電池、相機或攝錄器材,或是飲品、糖、香口膠、電子煙等,都不得進入公眾席。想寄存行李嗎?法院不設寄存服務。帶著電話又想聽審,就要預早抵達,走到距離法院五分鐘左右的店舖,有商店有寄存物品的房間,記者之前查詢過,每個袋每天寄存費用 5 英鎊。當然,貴重物品,不能跟身,都是不要帶去法院了。
案件今早初步聆訊 預計為審訊定進程
英國政府起訴香港駐倫敦經濟貿易辦事處行政經理袁松彪及另兩名男子,涉嫌協助香港情報機構蒐集情報和外國干預,其中一名被告Matthew Trickett在法院保釋期間被發現陳屍公園。此宗間諜案今早於中央刑事法院作初步聆訊,案件由法官Jeremy Baker處理,預計會為審訊定下進程。
三名被告為退休警司、現任香港駐倫敦經貿辦行政經理袁松彪(63歲)、曾經駐守希斯路機場的邊防人員衞志樑(38歲),以及前皇家陸戰隊成員、在內政部擔任移民官的Matthew Trickett (37歲)。三人於5月13日首次在西敏裁判法院提堂,案件押後至今晨10時15分,轉交中央刑事法院處理。
押後期間三名被告獲准保釋。Matthew Trickett於5月19日被發現陳屍寓所附近公園,警方指案件仍在調查,死因未明。
三人共被控兩項違反英國《2023年國家安全法》罪行,第一項控罪指他們在2023年12月20日至2024年5月2日期間協助境外情報部門,同意在英國進行資訊收集、監視和欺騙行為。第二項控罪,則指他們涉嫌於5月1日強行進入英國一個居住地址,犯「外國干預」。
HK spying case suspects to appear before the Old Bailey this morning
Two Hong Kongers arrested earlier by the British police for allegedly spying for the Hong Kong authorities will appear before the Central Criminal Court, known as the Old Bailey, at 10.15am this morning for a preliminary hearing.
Yuen Chung-biu (known as Bill Yuen), 63, office manager of the Hong Kong Economic and Trade Office in London who is a retired superintendent of the Hong Kong Police, and 38-year-old security service company director Wai Chi-leung, aka Peter Wai, will answer the charges for assisting a foreign intelligence service and foreign interference.
In a tragic development on Sunday 19 May, the third defendant of the case, 37-year-old British immigration enforcement officer and former Royal Marine Matthew Trickett, was found dead in a public park near Maidenhead, Berkshire. The British Police are investigating the death under “unexplained circumstances”.
Today’s proceeding, which will be conducted at Court 6 of the Old Bailey before Mr Justice Jeremy Baker, is listed as a preliminary hearing where the prosecution and the defence are expected to discuss case management issues such as timetabling.
The trio, who have been granted bail, first appeared at the Westminster Magistrates’ Court on 13 May 2024. The court heard that between 20 December 2023 and 2 May, Yuen, Wai and Trickett agreed to undertake information gathering, surveillance and acts of deception that were likely to assist a foreign intelligence service, in contrary to section 3 (1) and (9) of the National Security Act 2023. It is also alleged that they forced entry into a UK residential address on 1 May, being reckless as to whether the prohibited conduct, or course of conduct of which it forms part, would have an interference effect, contrary to section 13 (2) and (7) of the act.
The case has caused an escalating diplomatic row between London, Beijing and Hong Kong where the Chinese side has dismissed the allegations as unjustified, while British politicians have started questioning the role of Hong Kong’s trade outpost in London amid on-going concerns about the freedom and human rights situation in the SAR.