21 Feb 2023法庭線#6085
社民連街站被指非法籌款 辯方稱網上收款不同於公眾地方收集金錢 現行法例沒規管
The defence argued that the ordinance regulates the collection of money in public places, whereas the street booth only provided information for online donations, such as a Patreon QR code and PayMe payments, with passers-by transferring money themselves through virtual space. The Court of Final Appeal has ruled that the internet is not a public place, and the defendant in this case did not collect cash.
辯方指出，條例規管的是於公眾地方收集金錢，然而，街站僅提供 Patreon 二維碼、PayMe 付款等網上捐款資訊，由途人自行通過虛擬空間轉賬，而終審法院已裁定網絡並非公眾地方，本案被告亦無收集現金。
20 Feb 2023法庭線#6077
理大衝突｜鄭錦滿暴動罪成囚3年8月 與同案另2人提定罪及刑期上訴
During the PolyU clashes in November 2019, eight people were accused of helping protesters who escaped from PolyU through drainage channels and of driving “parent cars” to pick them up. Five people, including former Civic Passion member Cheng Kam-mun, pleaded not guilty and stood trial. Cheng was earlier convicted of rioting and sentenced to 3 years and 8 months in prison, while four others were convicted of intending to pervert the course of justice and sentenced to 12 to 13 months in prison.
Cheng Kam-mun and two co-defendants lodged appeals against their convictions and sentences last Thursday (16th). A hearing date has yet to be scheduled.
2019 年 11 月理大衝突中，8 人被指協助爬渠逃出理大的示威者離開，並駕「家長車」接應，前熱血公民成員鄭錦滿等 5 人不認罪受審。鄭早前被裁定暴動罪成，判囚 3 年 8 個月，另外 4 人則被裁定意圖妨礙司法公正罪成，判監 12 至 13 個月。
鄭錦滿和同案 2 人，上周四（16 日）就定罪及刑期提出上訴，暫待排期聆訊。
20 Feb 2023法庭線#6078
男子認管有爆炸品罪囚40月 官：不能排除本土恐怖主義地下化
Two men were charged with possessing explosives or firearms at Wing Fook Centre in Fanling in 2021. A 44-year-old network engineer, who had earlier pleaded guilty to possessing explosives, was sentenced to 40 months’ imprisonment at the District Court on Monday (20th).
兩男子被控於 2021 年，在粉嶺榮福中心藏有爆炸品或槍械，當中現年 44 歲的網絡工程師早前承認管有爆炸品罪，周一（20 日）在區域法院被判囚 40 個月。
16 Feb 2023法庭線#6054
9.29金鐘｜7人認暴動囚30月2周至36月 官認可候審期間努力工作求學、酌情減刑
On 29 September 2019, a "Global Anti-Totalitarianism March" was organised and subsequently escalated into clashes. A total of 96 people were charged with rioting. In a case involving eight of them, all the defendants pleaded guilty, including the then editor-in-chief of the University of Hong Kong’s The Undergrad. Seven of them were sentenced at the Wan Chai District Court on Thursday (the 16th). The judge considered that the defendants had deeply reflected on their actions and had not given up during the long period awaiting trial, and also took their early guilty pleas into account. They were therefore granted corresponding sentence reductions and sentenced to between 30 months and two weeks and 36 months in prison. The remaining defendant, a student who was 16 at the time of the incident, had earlier applied for bail in order to complete his schoolwork. His application was granted, and he was remanded until 2 March for sentencing; a training centre report was also requested.
2019 年 9 月 29 日，有人發起「全球反極權遊行」，及後演變成衝突，共 96 人被控暴動，涉及當中 8 人的一宗案件，所有被告選擇認罪，包括時任港大《學苑》總編。當中 7 人周四（16 日）在灣仔區域法院判刑。
法官考慮各被告已深刻反省，「喺等候審訊嘅漫長日子裏冇放棄」，加上早早認罪，故給予相應的刑期扣減，7 人分別判囚 30 個月 2 周至 36 個月。餘下一名被告，案發時 16 歲的學生，早前提出要完成功課，申請保釋獲批，還押至 3 月 2 日判刑，並索取教導所報告。
16 Feb 2023法庭線#6062
何君堯涉指林卓廷煽動721、林提控誹謗 何逾期申設陪審團遭駁回、須向林付15萬訟費
Former Democratic Party Legislative Council member Lam Cheuk-ting earlier filed a defamation lawsuit against Legislative Council member Ho Jun-yao, alleging that Ho posted a video on Facebook in October 2019 claiming that Lam had helped incite the 7.21 Yuen Long attack. Ho’s side earlier applied for a jury trial, arguing that the case involved prominent political figures. High Court Judge Au-Yeung Kwai-yu handed down a judgment on Friday (the 17th), rejecting Ho’s application and ordering him to pay Lam 150,000 in costs.
The judge criticised Ho for deliberately failing to comply with a court order and making the application out of time, noting that the right to a jury trial was not absolute and that the current trend in defamation cases was not to have jury trials. As Ho had made the application late deliberately and without sufficient reason, had failed to comply with the court order, and could not demonstrate any material change in circumstances warranting the original court order being overturned, the judge dismissed his application.
前民主黨立法會議員林卓廷，早前入稟控告立法會議員何君堯誹謗，指何在 2019 年 10 月在 Facebook 發布片段，稱林有份煽動 7.21 元朗襲擊事件。何君堯一方早前提出申請，本案涉及具知名度的政治人物，希望本案設有陪審團。法官歐陽桂如周五（17 日）於高等法院頒下判詞，駁回何君堯的申請，並下令何向林卓廷支付 15 萬訟費。
法官批評，何故意沒有遵從法庭命令，逾時提出申請，而陪審團審訊權利並非絕對，現時審理誹謗案的趨勢為不設陪審團。何在故意及沒有充分理由下，逾期提出申請，不遵從法庭命令，以及不能證明情況有實質改變，推翻原有的法庭命令，故駁回其申請。
15 Feb 2023法庭線#6052
社民連梁國雄、黃浩銘等5人 認勞動節前夕示威違限聚令罰4,500元
On 30 April 2020, on the eve of May Day, eight League of Social Democrats members were charged with violating the four-person gathering restriction while protesting outside police headquarters against the police issuing a notice prohibiting a procession. Three had earlier pleaded guilty and were fined $4,500. The remaining five, including Leung Kwok-hung, Chan Po-ying, Wong Ho-ming and Tsang Kin-shing, pleaded guilty at Eastern Magistrates’ Courts on Wednesday (15th).
2020 年 4 月 30 日，五一勞動節前夕，社民連 8 名成員涉警察總部外抗議警方發出遊行反對通知書，被票控違反 4 人「限聚令」。3 人早前認罪罰款 4,500 元，餘下 5 人包括梁國雄、陳寶瑩、黃浩銘、曾健成，周三（ 15 日）在東區裁判法院認罪。
11 Feb 2023法庭線#6036
理大衝突｜鄭錦滿暴動罪成囚3年8月 另7人助示威者爬渠逃離囚7至13月
In November 2019, large numbers of protesters inside PolyU were surrounded by police. Eight people were accused of helping protesters climb through drainage channels to leave PolyU and of driving “parent cars” to pick them up. Five, including former Civic Passion member Cheng Kam-mun, pleaded not guilty and stood trial. Cheng was charged with rioting during the trial. He was previously found guilty of rioting, while the other four were found guilty of intending to pervert the course of justice. On Saturday (11th), Acting Judge Cheng Nim-chi sentenced Cheng Kam-mun to 3 years and 8 months’ imprisonment in the District Court. The other seven were sentenced to between 7 and 13 months’ imprisonment.
2019 年 11 月，理大內大批示威者被警方包圍，8 人被指協助爬渠逃出理大的示威者離開、駕「家長車」接應。5 人包括前熱血公民成員鄭錦滿不認罪受審，鄭在審訊途中被控暴動罪。鄭早前被裁暴動罪成，另外 4 人則意圖妨礙司法公正罪成。暫委法官鄭念慈周六（11 日）於區域法院判鄭錦滿監禁 3 年 8 個月，另外 7 人則分別判監 7 個月至 13 個月。
11 Feb 2023法庭線#6037
律政司就9無罪被告提上訴 上訴庭拒批拘捕令 並拒保密裁決
In January and February this year, nine people in two District Court cases were acquitted after trial of rioting or unlawful assembly. The Department of Justice subsequently appealed by way of case stated and made a unilateral application to the Court of Appeal for arrest warrants to be issued for the nine, so that they could be brought before the court and placed on conditional bail.
After hearing submissions in a closed hearing, Court of Appeal judge Kevin Paul Zervos on Friday (10th) rejected the Department of Justice’s application. The judge said the defendants were all young, had no criminal records and had not breached their bail conditions. Their lives had already been delayed by three years because of the case, while the stringent bail conditions had seriously restricted their personal liberty. There was no need, and it would be disproportionate, to issue arrest warrants for them again and impose bail conditions.
今年 1 至 2 月，區域法院有兩案、共 9 人，先後經審訊後，被裁定暴動或非法集結罪名不成立。律政司其後以案件呈述方式提出上訴，並向上訴庭單方面申請，要求法庭向 9 人發出拘捕令，帶返法庭以加諸有條件保釋。
上訴庭法官薛偉成在非公開聆訊聽取陳詞後，周五（10 日）拒絕律政司申請，指涉案被告均年輕沒有案底，未曾違反保釋條件，他們的人生因本案已被耽誤 3 年，亦因嚴厲的保釋條件嚴重限制人身自由，再向他們發拘捕令及施加保釋條件，並無需要亦不合比例。
9 Feb 2023法庭線#6032
7.6屯門｜涉逼刪示威者照片 網媒記者非法集結罪成囚13月 官稱以言語壯大聲勢
After the July 2019 “Liberate Tuen Mun Park” march, then-legislator Lam Cheuk-ting and three others were accused of demanding that someone delete photographs of protesters from the “7.1 siege of Police Headquarters”. They were acquitted of intending to pervert the course of justice and accessing a computer with dishonest intent. The online media reporter was convicted of unlawful assembly and sentenced to 13 months’ imprisonment at the District Court on Thursday (9th). Judge Douglas Yau Tak-hong accepted that the incident had not been premeditated. However, he noted that the victim had been surrounded, pressured, insulted and assaulted in broad daylight, only a short distance from the wall of a police station. Although the defendant did not appear to have personally assaulted the victim and had even intervened to protect him, the judge said that remarks such as, “Are those photos worth more than your life?” served to embolden the crowd and reinforce their confidence in intimidating the victim. This was therefore treated as an aggravating factor.
2019 年 7 月「光復屯門公園」遊行後，時任立法會議員林卓廷等 4 人，被指要求他人刪去 「7.1 包圍警總」示威者照片，被裁定意圖妨礙司法公正、不誠實意圖取用電腦罪不成立；網媒記者則非法集結罪成，周四（9 日）在區域法院被判監禁 13 個月。
法官游德康接納案件沒有預謀，但事主在光天化日、警署圍牆咫尺之外的地方被包圍、壓逼、侮辱及襲擊，即使被告看似沒有親手襲擊事主，甚至出手保護對方，惟他說出「啲相係咪值錢過你條命」等話是壯大聲勢，加強群眾威逼事主的信心，是加重罪責。
8 Feb 2023法庭線#6029
沒備妥立法會選舉廣告供查閱 鄧飛稱大意入稟求免刑責 官批准：信無惡意
Tang Fei, a serving Legislative Council member, vice-chairman of the Hong Kong Federation of Education Workers and a secondary school principal, stood in the 2021 Legislative Council Election Committee constituency election. He failed to make a promotional video uploaded to Facebook available for inspection on the Electoral Affairs Commission’s central platform as required by law. Tang earlier filed a summons in the High Court, saying the breach resulted from carelessness and a miscalculation, and seeking an order exempting him from the penalty.
In a judgment handed down on Wednesday (the 8th), Judge Ko Ho-man found that the error was not caused by Tang neglecting his responsibilities as a candidate. The judge believed Tang had complied with other election regulations, accepted that the breach might have resulted from negligence rather than bad faith, approved Tang’s application and exempted him from the penalty. Tang was also ordered to pay the Department of Justice $35,000 in costs.
現任立法會議員、香港教育工作者聯會副主席兼中學校長鄧飛，於 2021 年參選立法會「選舉委員會」界別時，沒有按條例規定將一段於 Facebook 上載的宣傳片段，備妥於選管會中央平台供查閱。鄧早前以傳票入稟高等法院，稱因「粗心大意」及「計算錯誤」才違反規例，要求法庭頒令豁免懲罰。
法官高浩文周三（8 日）頒下判詞，認為是次失誤並非因鄧忽視候選人責任所致，相信鄧有遵從其他選舉規例，接納鄧一方或因疏忽而導致是次違規，並非惡意行事，批准鄧的申請、豁免懲罰，並下令鄧向律政司支付 3.5 萬元訟費。
Translations are supplied by the source workbook. Consult the original reporting for context.
