20 Dec 2022法庭線#5856
Physiotherapist convicted of inciting blank votes over Facebook repost of Ted Hui post; sentenced to two months’ jail, suspended for 18 months
2021 年 12 月立法會換屆選舉，廉署早前起訴 4 人涉在選舉期間於 Facebook 轉載前立法會議員許智峯、前大專學界國際事務代表團發言人張崑陽，以及前區議員丘文俊的帖文，涉煽惑他人投白票或不投票。
當中 42 歲物理治療師周二（20 日）在東區裁判法院認罪，被判囚 2 個月、緩刑 18 個月。主任裁判官徐綺薇指，本案控罪嚴重，被告胡亂轉發帖文，影響選舉公平，但指考慮認罪、在警誡下認用涉案 Facebook 轉發帖文，而求情顯示有捐款，認為判緩刑可起警惕作用。
The Independent Commission Against Corruption earlier charged four people over allegedly reposting on Facebook during the December 2021 Legislative Council election posts by former Legislative Council member Ted Hui, former spokesperson for the International Affairs Delegation of the tertiary student community Sunny Cheung, and former district councillor Man Chun Yau, allegedly inciting others to cast blank votes or not vote.
The 42-year-old physiotherapist pleaded guilty at the Eastern Magistrates’ Courts on Tuesday (20th) and was sentenced to two months’ imprisonment, suspended for 18 months. Principal Magistrate Tsui Yee-wai said the charge was serious and that the defendant’s indiscriminate reposting of the posts had affected the fairness of the election. However, she said she had taken into account the guilty plea, the defendant’s admission under caution that she had used the Facebook account in question to repost the posts, and the fact that the mitigation submissions showed the defendant had made donations. She considered that a suspended sentence could serve as a deterrent.
16 Dec 2022法庭線#5840
Photographer Accused of Filming Plainclothes Police While Following District Councillors: Final Court Restores Unlawful Assembly Conviction After Justice Department Appeal
2020 年 3 月 8 日晚上，有人在大埔超級城悼念科大生周梓樂，時任大埔區議員連桷璋、文念志等人被指追罵便衣警，攝影師蔡健瑜尾隨拍攝，同被控非法集結罪。蔡健瑜經審訊後定罪，判囚 3 個月；2022 年 3 月向高等法院提上訴得直，獲撤銷定罪。
律政司不服決定向終審法院上訴，終院周五（16 日）一致裁定律政司上訴得直，回復原審裁判官對蔡的定罪和判刑，蔡即時還押。判詞指，當蔡加入其他被告的群組，一起近距離追隨便衣警，便構成非法集結，而蔡在非法集結中攝錄便衣警，顯然並非屬於純粹身處現場、或是由一名不知情的旁觀者作出即興攝錄。
On the evening of 8 March 2020, people gathered at Tai Po Mega Mall to mourn University of Science and Technology student Chow Tsz-lok. Then Tai Po district councillors Dalu Kok Cheung Lin, Nim Chi Man and others were accused of pursuing and verbally abusing plainclothes police officers. Photographer Choi Kin-yu followed and filmed them, and was charged with unlawful assembly. Choi was convicted after trial and sentenced to three months’ imprisonment. In March 2022, he successfully appealed to the High Court, which quashed his conviction.
The Department of Justice, dissatisfied with the decision, appealed to the Court of Final Appeal. On Friday (16th), the court unanimously allowed the appeal, restoring the conviction and sentence imposed on Choi by the trial magistrate. Choi was remanded in custody immediately. The judgment said that when Choi joined the group of other defendants and followed the plainclothes officers at close range, this constituted unlawful assembly. It said Choi’s filming of the plainclothes officers during the unlawful assembly was clearly not filming spontaneously by someone who was merely present at the scene or an uninformed bystander.
16 Dec 2022法庭線#5845
9.29 Admiralty | Three convicted of rioting sentenced to 2½ to 5 years; defendants offer no mitigation, judge says it shows radical mindset
2019 年 9 月 29 日「全球反極權遊行」，金鐘政總爆發警民衝突，96 人被控暴動，分成多案處理。當中 3 人經審訊後被裁定罪成，周五（16 日）被判監 2 年半至 5 年。法官陳廣池形容，本案是理大和中大暴動案外，另一宗嚴重暴亂事件，數以百計的「暴徒」衝擊代表整個香港行政核心的政總，並藉人多勢眾，使他們勇武兇殘，不顧後果。另外，兩名男被告拒絕接受感化官會面的要求，因此沒有其背景報告，當中一人更沒有求情。法官認為，兩人拒絕合作是罕見，「就算是積犯亦不會，亦不敢這樣做」，顯示他們成見甚深、深受外間資訊或偏激言論所影響。他指，雖然不求情是被告權利，「但這是不智的，亦顯示他們的激進思維」。
During the “Global Anti-totalitarian March” on 29 September 2019, clashes broke out between police and protesters at the Government Headquarters in Admiralty. Ninety-six people were charged with rioting, with the cases handled separately. Three of them were convicted after trial and sentenced on Friday (the 16th) to between 2½ and 5 years in prison. Judge Chan Kwong-chi described the case as another serious riot, apart from the riot cases involving the Polytechnic University and the Chinese University of Hong Kong. He said hundreds of “rioters” had attacked the Government Headquarters, which represented the core of Hong Kong’s administration, and that their numerical strength had made them more violent and emboldened, without regard for the consequences. Two of the male defendants refused requests to meet probation officers and therefore had no background reports; one of them also offered no mitigation. The judge said it was rare for defendants to refuse to cooperate, adding that “even repeat offenders would not, and would not dare, do this”. He said this showed that they were deeply prejudiced and had been strongly influenced by outside information or extremist speech. Although refusing to offer mitigation was a defendant’s right, he said, “it is unwise and also shows their radical mindset.”
15 Dec 2022法庭線#5837
Man jailed 4½ years for conspiracy to commit arson denied leave to appeal; judge warns of risk of loss-of-time order
四名男子被指於 2019 年 10 月中，在九龍塘港鐵站出口外，點燃汽油燃燒閘機，並駕車接應同伙，被控串謀意圖危害生命而縱火等罪，當中 41 歲男子受審後被裁定罪成，判囚四年半。他不服定罪，申請上訴許可。
上訴庭法官潘敏琦周四（15 日）在高等法院表示，他的上訴沒有合理成功的機會，即日拒批上訴許可，同時向上訴人發出「減時命令風險警告」。即上訴人有權就法庭決定提出上訴，但假若上訴再被駁回，法庭有權頒令，上訴人在聽候上訴期間的關押不計算入刑期，即等於被「加監」。法官將於 3 個月內頒下書面判詞。
Four men were accused of setting fire to a turnstile with petrol outside an exit of Kowloon Tong MTR Station in mid-October 2019 and driving to pick up their accomplices. They were charged with conspiracy to commit arson with intent to endanger life and other offences. The 41-year-old man was convicted after trial and sentenced to four and a half years in prison. Dissatisfied with his conviction, he applied for leave to appeal.
On Thursday (the 15th), High Court appellate judge Maggie Pang Man-ki said there was no reasonable prospect of his appeal succeeding and refused leave to appeal on the same day. She also issued the appellant with a warning about the risk of a “loss-of-time order”. This means the appellant is entitled to appeal against the court’s decision, but if the further appeal is dismissed, the court may order that time spent in custody while awaiting the appeal will not count towards his sentence, effectively resulting in additional imprisonment. The judge will hand down written reasons within three months.
14 Dec 2022法庭線#5830
Conviction for Inciting Participation in 2021 June 4 Assembly Quashed on Appeal; Legality of Police Ban Undetermined, Judge Says
2021 年六四維園悼念集會，警方連續第二年以防疫為由反對進行。時任支聯會副主席鄒幸彤被指在社交媒體及報章發文呼籲市民參與集會，經審訊後被裁定煽惑集結罪成，判囚 15 個月，當中 10 個月與另案同期執行。
鄒不服定罪及刑期上訴，經聆訊後，高院法官張慧玲周三（14 日）裁定鄒上訴得直，指鄒的文章有意圖籲人到維園集會，惟因警方禁止集會合法性未確定，遂撤銷定罪及判刑。
Police opposed the June 4 memorial assembly at Victoria Park in 2021 for the second consecutive year, citing epidemic-control reasons. Chow Hang-tung, then vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was accused of calling on members of the public to participate in the assembly through posts on social media and in newspapers. She was convicted after trial of incitement to assembly and sentenced to 15 months’ imprisonment, with 10 months to run concurrently with a sentence in another case.
Chow appealed against her conviction and sentence. After hearing the appeal, High Court Judge Cheung Wai-ling ruled on Wednesday (the 14th) that the appeal should be allowed. The judge said Chow’s articles were intended to urge people to attend the assembly at Victoria Park, but as the legality of the police ban on the assembly had not been determined, the conviction and sentence were set aside.
14 Dec 2022法庭線#5832
Oct 7 Tuen Mun | Five convicted of damaging Siu Hong Station; four jailed for 31.5 to 42 months, minor defendant sent to training centre
2019 年 10 月 7 日，網民發起反對《禁蒙面法》示威，多區發生衝突，其中 5 名男女被指破壞屯門兆康輕鐵站，並攜有鐵棍及噴漆等物品，「踢保」後被控暴動罪。案發時 20 歲男生及 14 歲女生開審前認罪，另外 3 人經審訊後被裁定罪成。法官李慶年周三（14日）在區域法院判處 4 人監禁 31.5 個月至 42 個月，14 歲女生則被判入教導所。
On 7 October 2019, netizens initiated protests against the Prohibition on Face Covering Regulation, and clashes occurred in several districts. Five men and women were accused of damaging Tuen Mun’s Siu Hong Light Rail station and possessing items including iron bars and spray paint. After being released without charge, they were charged with rioting. A 20-year-old man and a 14-year-old girl pleaded guilty before the trial began, while the other three were convicted after trial. Judge Clement Lee sentenced four of them to between 31.5 and 42 months’ imprisonment at the District Court on Wednesday (14th); the 14-year-old girl was sent to a training centre.
13 Dec 2022法庭線#5819
LegCo protest case: Lam Cheuk-ting, Andrew Wan and Helena Wong jailed for 3 to 7 weeks after admitting breaches of Powers and Privileges Ordinance; Wong jailed again
因「47 人案」還押的林卓廷、尹兆堅及獲准保釋的黃碧雲 3 名民主黨前立法會議員，被指涉 2018 至 2020 年期間，在立法會會議搶咪及與保安員衝突，違反《立法會（權力及特權）條例》。4 案周二（13 日）再訊；3 人承認妨礙立法會人員、藐視等罪，餘下控罪獲撤銷。
主任裁判官羅德泉聽取辯方求情後，指議會乃「文人議事之地」，縱使出現不同意見，「亦不應如鬧劇般干擾會議進行」。羅又指，涉案行為不能容忍，即使初犯，判監亦是「絕對恰當」，最終判處林入獄 3 周；尹入獄 7 周；黃入獄 4 周。
Former Democratic Party Legislative Council members Lam Cheuk-ting and Andrew Wan, who are remanded in custody in the “47-person case”, and Helena Wong, who was granted bail, were accused of snatching microphones and clashing with security guards during Legislative Council meetings between 2018 and 2020, in breach of the Legislative Council (Powers and Privileges) Ordinance. The four cases came before the court again on Tuesday (the 13th). The three pleaded guilty to offences including obstructing Legislative Council officers and contempt, while the remaining charges were withdrawn.
After hearing mitigation, Chief Magistrate Victor So said the legislature was “a place where civilised people deliberate” and that, even when different opinions arose, meetings “should not be disrupted like a farce”. So said the conduct in question could not be tolerated and that imprisonment was “absolutely appropriate” even for first-time offenders. Lam was ultimately jailed for three weeks, Wan for seven weeks and Wong for four weeks.
13 Dec 2022獨媒#5820
Convicted of breaching Societies Ordinance, five 612 Fund trustees seek appeal against convictions
已停止運作的「612人道支援基金」5名信託人，包括天主教香港教區榮休主教陳日君樞機、大律師吳靄儀、前嶺南大學文化研究系客席副教授許寶強、歌手何韻詩及前立法會議員何秀蘭，以及前基金秘書施城威，早前被裁定「沒有在指明時限內申請註冊或豁免註冊社團」罪成，5名信託人罰款4,000元，施則罰款2,500元。其中5名信託人已就定罪申請上訴，案件尚未有聆訊日子。
The five trustees of the now-defunct 612 Humanitarian Relief Fund—Cardinal Joseph Zen, emeritus bishop of the Catholic Diocese of Hong Kong; barrister Margaret Ng; Hui Po-keung, former visiting associate professor in the Department of Cultural Studies at Lingnan University; singer Denise Ho; and former Legislative Council member Cyd Ho—and the fund’s former secretary Sze Ching-wee were earlier convicted of “failing to apply for registration or exemption from registration as a society within the specified time limit”. The five trustees were fined HK$4,000 each, while Sze Ching-wee was fined HK$2,500. Five of the trustees have applied to appeal against their convictions. A hearing date has not yet been set.
13 Dec 2022法庭線#5821
First riot case involving PolyU interior: 4 jailed for 50 to 53 months; 2 young defendants sent to training centre
2019 年 11 月，警方圍堵理工大學內的示威者，其中 17 人疑「突圍而出」，在科學館內被捕，當中 6 人早前被裁定暴動罪成。暫委法官黃士翔周二（13 日）在區域法院判其中兩名案發時 15 及16 歲的被告入教導所，3 人判囚 50 個月，另一名被告因手持玻璃樽，法官認為他打算作出更嚴重暴力行為，刑期上調 3 個月，判囚 53 個月。
In November 2019, police surrounded protesters inside the Hong Kong Polytechnic University. Seventeen people allegedly “broke out” and were arrested inside the Hong Kong Science Museum, six of whom had earlier been convicted of rioting. Acting Judge Colin Sze Cheung Wong sentenced two defendants, who were aged 15 and 16 at the time of the incident, to a training centre at the District Court on Tuesday (13th). Three were sentenced to 50 months’ imprisonment, while another defendant, who was holding a glass bottle, received an additional three months after the judge considered that he had intended to commit more serious acts of violence, bringing his sentence to 53 months.
13 Dec 2022獨媒#5824
Former executive director Wong Wai-keung appeals after being jailed 21 months for fraud over concealing lease breach at Next Digital building with Jimmy Lai
壹傳媒創辦人黎智英及前行政總監黃偉強，被指使用將軍澳工業邨壹傳媒大樓經營力高顧問公司，隱瞞違反租契條款，二人否認欺詐罪，早前被裁定罪成，上周六（10日）分別被判監5年9個月和1年9個月。其中黃偉強已就定罪及刑罰提出上訴，暫未排期聆訊。
Next Digital founder Jimmy Lai and former executive director Wong Wai-keung were accused of using the Next Digital building in Tseung Kwan O Industrial Estate to operate Dico Consultants consultancy company, concealing a breach of the lease terms. The two denied the fraud charges and were earlier convicted. They were sentenced last Saturday (the 10th) to five years and nine months’ imprisonment and one year and nine months’ imprisonment respectively. Wong Wai-keung has appealed against both his conviction and sentence; a hearing date has not yet been set.
Translations are supplied by the source workbook. Consult the original reporting for context.
