17 Jan 2023法庭線#5958
金融從業員認FB轉發丘文俊籲投白票帖文 判囚2月、緩刑18月
In the December 2021 Legislative Council election, the Independent Commission Against Corruption earlier charged four people over reposting on Facebook during the election posts by former Legislative Council member Ted Hui, former spokesperson for the Hong Kong Higher Education Students’ International Affairs Delegation Sunny Cheung, and former district councillor Man Chun Yau, allegedly inciting others to cast blank votes or not vote. A 29-year-old financial worker pleaded guilty at the Eastern Magistrates’ Courts on Tuesday (the 17th) and was sentenced to two months’ imprisonment, 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 29 歲金融從業員周二（17日）在東區裁判法院認罪，被判囚 2 個月，緩刑 18 個月。
17 Jan 2023法庭線#5959
蔡玉玲採訪7.21襲擊查車牌罪成 獲終院批出終極上訴許可 5月初聆訊
Former RTHK “Hong Kong Connection” producer Choy Yuk Ling, Bao was accused of falsely stating the purpose of vehicle-registration searches with the Transport Department in order to follow up on the Yuen Long 7.21 attack. In 2021, Choy Yuk Ling, Bao was convicted on two counts of making false statements and fined HK$6,000. After the Court of First Instance dismissed the appeal against the conviction, Choy Yuk Ling, Bao applied to appeal to the Court of Final Appeal. Permanent judges Li Yee, Fok Siu-kong and Lam Man-hon granted leave to appeal on Tuesday (the 17th), with the reasons for the decision to be handed down on a date to be fixed. The case will be heard on 3 May.
港台《鏗鏘集》前編導蔡玉玲，被指為跟進元朗 721 襲擊事件，向運輸署虛報車牌查冊用途，2021 年被裁定兩項作出虛假陳述罪成，罰款 6,000 元。蔡提定罪上訴被高院駁回後，再申上訴至終審法院；終院常任法官李義、 霍兆剛及林文瀚周二（17 日）批出上訴許可，擇日頒下決定理由，而案件將於 5 月 3 日聆訊。
17 Jan 2023法庭線#5960
兩暴動案14人無罪9人已離港 律政司就其中13被告上訴求重審 包括社工陳虹秀
Former District Court judge Siu Man Sham, who has since left the post, acquitted six people of conspiracy to riot and eight people, including social worker Chan Hung-sau, of rioting in the two cases in 2021, bringing the total acquitted to 14. Chan Hung-sau was released in court after the prosecution failed to establish a prima facie case. Dissatisfied with the rulings, the Department of Justice appealed against the acquittals of 13 of the defendants by way of case stated, in two separate cases, and re-arrested the defendants in December 2021 under the District Court Ordinance. The cases were heard by the High Court Court of Appeal on Tuesday (17th), in proceedings expected to last two days; nine of the defendants remained absent from the hearing.
已離職的前區院法官沈小民，於 2021 年在兩案中，分別裁定 6 人「串謀暴動」罪，及包括社工陳虹秀等 8 人「暴動」罪，共 14 人判無罪，當中陳虹秀表證不成立，當庭獲釋。律政司不服裁決，以案件呈述方式，就其中 13 人的無罪裁決，分成兩案提出上訴，並於 2021 年 12 月引用《區域法院條例》重新拘捕各被告。案件周二 （17 日） 於高院上訴庭處理，料需時 2 天，其中 9 人仍然缺席聆訊。
16 Jan 2023獨媒#5951
區院刑事案平均輪候一年 2年增近一倍
The Judiciary published its 2022 annual report today, showing that the average waiting time for criminal cases in the District Court rose rapidly by nearly twofold over two years. According to last year’s figures, defendants waited an average of one year from their first appearance before the District Court to the hearing. The Judiciary also received more than 8,000 complaints about judges and judicial officers last year, mainly concerning four social incident cases. Most were related to the handling of actual legal proceedings in court, while the remainder concerned the attitude and conduct displayed in court.
司法機構今發表2022年度年報，顯示區域法院刑事案件的平均輪候時間在兩年內急速上升近一倍。據去年的數據顯示，被告由首次在區院提訊至聆訊，平均需要輪候一年。另外，司法機構去年接獲逾8千宗對法官及司法人員的大量投訴，主要針對4宗社會事件案，當中大部分與法庭進行實際法律程序時的處理手法有關，其餘與法庭內的態度及行為方面有關。
13 Jan 2023法庭線#5940
11.18 理大衝突｜被指助人逃出理大 19人被控意圖妨礙司法公正 14人遭加控暴動罪
In November 2019, a large number of protesters inside the Polytechnic University were surrounded by police. Nineteen people were accused of helping others escape the university and had earlier been charged with intending to pervert the course of justice. On Friday (the 13th), the prosecution applied in the District Court to add one count of rioting against 14 of them, and the application was approved by Judge Wang Sze-lei. The trial was adjourned to 2 February. A “case-within-a-case” hearing will first be held to determine whether unofficial messages from LIHKG and Telegram, among others, may be admitted as evidence.
2019 年 11 月，理大內大批示威者被警方包圍，19人被指協助他人逃出理大，早前被起訴「意圖妨礙司法公正」罪。控方周五（13日）在區域法院申請加控當中 14 人一項暴動罪，獲法官王詩麗批准。案件押後至 2 月 2 日開審，會先展開「案中案」聆訊，爭議「連登」及Telegram 等非官方訊息可否呈堂。
13 Jan 2023獨媒#5941
前區議員龔振祺公眾地方打鬥罪成 上訴駁回 官：片段可見主動碰撞事主
Former Kwun Tong District Councillor Kung Chun-ki was accused of clashing with a married couple outside a councillor’s office at Ko Yee Estate in Yau Tong in June two years ago. All three were charged with one count of fighting in a public place. The couple were earlier allowed to enter into a one-year bind-over and the charges against them were withdrawn. Kung was convicted after trial and fined $200. He appealed against the conviction, but High Court Judge Chan Chung-hang today (13th) dismissed his appeal and upheld the original ruling.
前觀塘區議員龔振祺被指於前年6月，在油塘高怡邨議員辦事處外與兩夫婦衝突，三人同被控一項在公眾地方打鬥罪。兩夫婦早前獲准簽守行為一年，並撤回控罪；龔振祺則經審訊被裁定罪成，判罰款200元。龔不服定罪提出上訴，高院法官陳仲衡今（13日）宣布駁回他的上訴，維持原判。
13 Jan 2023法庭線#5945
9.29金鐘｜9人暴動罪成囚28至50月 官：違法達義為極暴政社會表現、香港未到此步
On 29 September 2019, during the “Global Anti-Authoritarian March”, protesters occupied areas of Admiralty and threw miscellaneous objects and petrol bombs at the Government Headquarters. A total of 96 people were subsequently charged with rioting. In one case involving nine people, five defendants pleaded guilty before trial and four were convicted after trial. They were sentenced to between 28 and 50 months in prison at the District Court on Friday (13th). Chu Kwong-wah, lead vocalist of the local indie band “Bull Terrier”, was sentenced to 38 months.
2019 年 9 月 29 日「全球反極權遊行」，示威者佔領金鐘一帶，兼向政總擲雜物及汽油彈等，事後共 96 人被控暴動。其中一宗涉 9 人案件，5 被告在開審前認罪，4 人經審訊後罪成，周五（13 日）在區域法院被判囚 28 至 50 個月，其中本地獨立樂隊「鬥牛梗」主音朱廣華被判囚 38 個月
13 Jan 2023法庭線#5946
11.18 理大衝突｜被指助人逃出理大 19人被控意圖妨礙司法公正 14人遭加控暴動罪
In November 2019, a large number of protesters inside Hong Kong Polytechnic University were surrounded by police. Nineteen people were previously charged with intent to pervert the course of justice over allegations that they helped others escape the university. On Friday (13th), the prosecution applied in the District Court to add one count of rioting against 14 of them, and the application was approved by Judge Wong Si-lai. The case was adjourned until 2 February for trial. A trial-within-a-trial hearing will first be held to determine whether unofficial messages from LIHKG, Telegram and other platforms can be admitted as evidence.
2019 年 11 月，理大內大批示威者被警方包圍，19人被指協助他人逃出理大，早前被起訴「意圖妨礙司法公正」罪。控方周五（13日）在區域法院申請加控當中 14 人一項暴動罪，獲法官王詩麗批准。案件押後至 2 月 2 日開審，會先展開「案中案」聆訊，爭議「連登」及Telegram 等非官方訊息可否呈堂。
12 Jan 2023獨媒#5935
廉署通緝林兆彬及岑崇尚 涉立會選舉虛報開支6.8萬元
The government originally scheduled the 2020 Legislative Council general election for 6 September 2020, but postponed it for a year at the end of July, citing the “pandemic”, and allowed candidates to claim from the government election expenses they had declared. Ben Siu Pan Lam and Shum Chung-sheung allegedly applied to stand as candidates in the Kowloon West constituency on the eve of the postponement announcement. After the postponement was announced, they allegedly bought multiple computers and telephones and claimed the expenses as election expenses. The ICAC alleges that the pair attempted to defraud approximately HK$68,000 in election expenses. Both have since left Hong Kong, and the court has issued warrants for their arrest.
政府原訂在2020年9月6日舉行立法會換屆選舉，不過7月底以「疫情」為由押後一年再選，並容許候選人可向政府申領已申報的選舉開支。林兆彬及岑崇尚涉在宣布押後前夕，申請成為九龍西地區參選人，並在公布延期後，購買多部電腦及電話，並申領選舉開支。廉署指兩人涉企圖欺詐選舉開支共約6.8萬元，兩人現時已離開香港，法庭已簽發通緝令。
12 Jan 2023法庭線#5938
跨性別者稱條例定義狹窄 致無法用符合性別認同公廁 質疑構成歧視提覆核開審
A transgender person argues that the narrow definitions of sex under the Public Toilets (Conduct and Behaviour) Regulations prevent transgender people from using public toilets corresponding to their gender identity and may expose them to criminal liability. Claiming that the regulations are discriminatory and violate the Basic Law and the Human Rights Ordinance, the applicant earlier filed for judicial review in the High Court, seeking an order broadening the definitions of “male” and “female” under the regulations. The case was heard in the High Court on Thursday (12th). The applicant said transgender men could not enter men’s toilets, but when they used women’s toilets according to the sex on their identity cards, they were subjected to comments and verbal harassment from other women. The government argued that the existing definitions served a practical need to protect the privacy and safety of other toilet users, and were consistent with social norms and expectations. The hearing will continue on Friday (13th).
有跨性別人士認為，現時《公廁（行為及舉止）規例》對性別的定義狹窄，令跨性別者未能使用性別認同的公廁，更可能惹上刑責，質疑條例構成歧視，違反《基本法》及《人權法》，早前入稟高院提出司法覆核，要求法庭頒令擴闊規例中對「男性」及「女性」的定義。案件周四（12 日）在高等法院審理。
申請方指，跨性別男士不能進入男廁，但當他們按身份證性別使用女廁時，會被其他女性議論，受言語騷擾。政府一方則指，現有性別的定義有實際需要，以保障其他廁所使用者私隱及安全，亦符合社會規範及期望。案件周五（13 日）續審。
Translations are supplied by the source workbook. Consult the original reporting for context.
