3 Jan 2023法庭線#5899
七一刺警｜35歲入境助理涉連登發布煽惑言論 稱「齊斬黑警」認罪囚6月
Following the 2021 Causeway Bay July 1 police stabbing case, a man and a woman were accused of posting online statements inciting harm to police officers. The 35-year-old male senior immigration assistant was accused of posting on the LIHKG discussion forum urging people to “chop black cops”. He pleaded guilty at the District Court on Tuesday (the 3rd) to one count of “inciting another to wound with intent”. Judge Clement Lee sentenced him to six months’ imprisonment.
2021 年銅鑼灣七一刺警案後，兩男女被指在網上發表煽惑傷害警員言論。當中 35 歲男入境高級事務助理員被指在連登討論區發帖呼籲人「斬黑警」，他周二（3 日）在區域法院承認一項「煽惑他人有意圖而傷人」罪，法官李慶年判被告監禁 6 個月。
3 Jan 2023法庭線#5902
陳日君向法院申請取回護照 據悉獲准離港出席本篤十六世喪禮
Cardinal Joseph Zen, emeritus bishop of the Catholic Diocese of Hong Kong, appeared at the West Kowloon Magistrates’ Courts on Tuesday (the 3rd). He is understood to have applied to the court to retrieve his passport and was granted permission by Chief Magistrate Lo Tak-chuen to leave Hong Kong from the 4th to the 8th of this month to attend the funeral of Pope Benedict XVI at the Vatican. He must return the passport to the police after coming back to Hong Kong. The prosecution did not object.
天主教香港教區榮休主教陳日君樞機周二（3 日）現身西九龍裁判法院。據了解，他是向法庭申請取回護照，並獲主任裁判官羅德泉批准於本月 4 日至 8 日離港，到梵蒂岡出席天主教教宗本篤十六世的喪禮，回港後須將護照交回警方。控方沒有反對。
31 Dec 2022法庭線#5891
11.18油麻地｜13人暴動罪成囚29月至63月
In November 2019, when police surrounded protesters inside the Polytechnic University, 213 people were involved in an effort in Yau Ma Tei to “besiege Wei to rescue Zhao” by rescuing the besieged protesters. They were charged with rioting and dealt with in several cases. In the case involving 13 people, one of the “12 Hong Kong residents”, Kwok Tsz-lam, and a 21-year-old man pleaded guilty. The remaining 11 were convicted after trial, making it the first case involving “support for the Polytechnic University” in which defendants were convicted after trial. The judge said that, apart from the two defendants who pleaded guilty—including Kwok Tsz-lam, one of the “12 Hong Kong residents”—who received reduced sentences of 2 years and 5 months and 3 years and 11 months respectively, and one defendant who received discretionary mitigation because of his young age, the other defendants had no grounds for mitigation and were sentenced to between 4 years and 6 months and 5 years and 3 months in prison.
2019 年 11 月警方圍堵理大內的示威者，213 人涉在油麻地以「圍魏救趙」，營救被圍堵的示威者，被控暴動，分成多案處理。其中涉及 13 人的案件，除了「12 港人」之一的郭子麟及一名 21 歲男生認罪，其餘 11 人經審訊後裁定罪成，為首宗「聲援理大」、經審訊後定罪的案件。法官指，除了 2 名認罪被告，包括「12 港人」之一的郭子麟獲減刑，分判囚 2 年 5 個月及 3 年 11 個月，另有一被告因年輕獲酌情減刑外，其他被告均沒有減刑理由，分別被判監 4 年半至 5 年 3 個月。
30 Dec 2022法庭線#5886
青年涉藏鐳射筆勝訴 稱警漏披露兩證供 入稟追討52萬 官剔除申請、斥濫用程序
Nineteen-year-old student Pang Yuk-him was previously accused of possessing a laser pointer in Mong Kok in November 2019. He denied the charge and, without legal representation, defended himself in English. He was ultimately acquitted. He later filed a claim in the District Court against the Secretary for Justice, alleging that, after the judgment, he discovered that police officers had failed to fully discharge their duty to disclose documents, including that two witness statements had not been provided to him. He sought more than HK$520,000 in compensation from the Department of Justice.
Judge Ko King-shiu handed down his judgment on Friday (30th), striking out Pang’s claim and finding it frivolous, an abuse of the judicial process, academic, and disclosing no reasonable cause of action. The judge also said he agreed with the Secretary for Justice’s submissions that, given the circumstances of the case, the trial magistrate would not have approved Pang’s application for costs, and ordered Pang to pay the Secretary for Justice’s costs.
19 歲男學生彭裕謙早前被指 2019 年 11 月在旺角管有鐳射筆，他否認控罪，在無律師代表下，親自以英文自辯，最終獲判無罪。他其後向區院入稟起訴律政司長，指裁決後發現有警員沒盡披露文件責任，向他漏提供兩證人證供等，向律政司追討共逾 52 萬元賠償。
法官高勁修周五（30 日）頒下判詞，剔除彭裕謙申索，指其申索瑣屑無聊（frivolous）、濫用司法程序、變得學術，及未能披露合理訴訟因由（cause of action）。法官又指，同意律政司一方所言，觀乎本案情況，原審裁判官也不會批准他的訟費申請，並下令彭裕謙負擔律政司一方訟費。
30 Dec 2022獨媒#5889
記協指記者判囚影響採訪工作 保安局：毫無事實根據、混淆視聽
Tang Cheuk-yu, a Hong Kong correspondent for Taiwan Public Television’s 《藝術很有事》, was charged after police cordoned off Polytechnic University in November 2019 over possession of a multi-purpose plier and a laser pointer. He was recently convicted of possession of offensive weapons in a public place and sentenced to 15 months’ imprisonment. The Hong Kong Journalists Association said yesterday that it regretted the verdict and believed it would seriously affect journalists’ reporting work. The Security Bureau issued a statement this evening expressing regret over the association’s statement and rebutting the claims as entirely without factual basis and misleading.
台灣公共電視《藝術很有事》香港特約記者鄧卓儒於2019年11月警方圍封理大期間，因管有萬用鉗及鐳射筆被控，日前「公眾地方管有攻擊性武器」罪成，判囚15個月。記協昨日指對判決結果表示遺憾，認為判決將嚴重影響新聞工作者的採訪工作。保安局今日傍晚發稿回應，對記協聲明表示遺憾，並反駁指控是毫無事實根據與混淆視聽。
29 Dec 2022法庭線#5882
前中大學生會長蘇浚鋒認煽惑投白票 官裁控罪合憲 判囚2月緩刑18月
The magistrate ruled that inciting others not to vote or to cast blank ballots undermined the electoral system and affected the voting rights of other citizens. The offence had a legitimate purpose and did not target any particular political stance. So immediately pleaded guilty. In sentencing, the magistrate accepted that the defendant had a good background and a low likelihood of reoffending, and had committed the offence out of momentary foolishness and a lack of legal knowledge. The starting point was three months’ imprisonment; after a reduction for the guilty plea, So was sentenced to two months’ imprisonment, suspended for 18 months.
裁判官認為，煽惑他人不投票或投白票的行為，令選舉制度受挫，影響其他市民的投票權，控罪有其合法目的，亦沒有針對特定政治主張。蘇隨即認罪。裁判官判刑時接納被告有良好背景，重犯機會低，因一時愚蠢、缺乏法律常識而犯案，以監禁 3 個月作量刑起點，認罪扣減後判囚 2 個月，緩刑一年半。
29 Dec 2022獨媒#5883
警方不再公開滙報反修例投訴跟進 累計37宗指控屬實僅兩人遭警告
The 2019 anti-extradition bill movement generated a large number of complaints against police officers. Since the last meeting of the Independent Police Complaints Council (IPCC) in November, two more complaints have been substantiated. One involved a reporter being pepper-sprayed by a police officer while covering news at Yuen Long MTR station; an unidentified officer in the crowd was also alleged to have made “impolite, inappropriate” remarks. The officers on duty were admonished. A police representative said at the meeting that the IPCC had approved 95% of the cases. Of the remaining 29 cases for which reports had not been submitted to the IPCC, 26 were subject to ongoing legal proceedings and three were being reinvestigated. As the figures were unlikely to change significantly in future, the police would no longer report on them at open joint meetings, an arrangement agreed to by the IPCC.
2019年反修例運動衍生大量警員被投訴案件，自上次11月監警會會議後，再多兩宗投訴獲證明屬實個案，其中一宗涉及有記者在元朗港鐵站採訪時，遭警員噴射胡椒噴霧，一位不知名警員在人群中說出「不禮貌、不恰當」說話，當值警員均被訓諭。警方代表在會上指，監警會已通過95%個案，剩下29宗未向監警會交報告的案件，有26宗有案在審，3宗重新調查，因為數字在未來變化不大，今後不再在公開聯席會議匯報，監警會同意安排。
29 Dec 2022法庭線#5884
社民連等4人一組請願違限聚 7人欲申上訴至終院許可 高院拒批證明書
Leung Kwok-hung of the League of Social Democrats, Lee Cheuk-yan of the Labour Party and six others marched in groups of four to petition outside the Government Headquarters on Labour Day in 2020. They were convicted of breaching the gathering restriction order and sentenced to 14 days’ imprisonment, suspended for 18 months. In October this year, the High Court dismissed their appeals against conviction and sentence. Seven of them applied to the High Court last Friday (23) for certificates to apply for leave to appeal to the Court of Final Appeal. In a judgment handed down on Thursday (29), High Court judge Wong Chung-hau rejected the applications.
社民連梁國雄及工黨李卓人等 8 人，2020 年五一勞動節以 4 人一組遊行到政總外請願，被裁定違「限聚令」罪成，判囚 14 天、緩刑一年半。8 人今年 10 月，被高等法院駁回定罪及刑期上訴，當中 7 人上周五（23 日）再向高院申請證明書，以申請上訴至終院許可。高院法官黃崇厚周四（29 日） 頒下判詞，駁回申請。
27 Dec 2022獨媒#5878
港特約記者工作時被捕、判囚15個月 台灣公視：深表遺憾
During the police cordon of Polytechnic University in November 2019, Hong Kong journalist Tang Cheuk-yu was convicted last week of possessing offensive weapons in a public place for having a multi-purpose tool and a laser pointer, and was sentenced to 15 months in prison. At the time of the incident, Tang was a freelance correspondent for Taiwan Public Television Service’s programme 《藝術很有事》 and was carrying out filming for the feature 《榮光燦爛》 on the day of his arrest. PTS said in a statement that it deeply regretted the judgment and called on the Hong Kong government to respect the rights that media workers should have.
2019年11月警方圍封理大期間，香港記者鄧卓儒因管有萬用鉗及鐳射筆，上周被裁定公眾地方管有攻擊性武器罪成，判囚15個月。鄧事發時為台灣公共電視《藝術很有事》節目的特約記者，被捕當日正執行《榮光燦爛》專題拍攝工作。公視發聲明稱對判決深表遺憾，呼籲港府尊重媒體工作者的應有權利。
23 Dec 2022法庭線#5871
梁振英控《立場新聞》及鍾劍華誹謗 官指鍾逾 14 月未繳費 失陪審團審理權利
National Committee of the Chinese People’s Political Consultative Conference Vice-Chairman and former Chief Executive Leung Chun-ying filed a defamation suit in the High Court in 2018 against Chung Kim-wah, a former assistant professor at Hong Kong Polytechnic University, and Stand News. The case was previously scheduled to be heard by a jury and was expected to go to trial in 2023, with Chung required to pay the relevant fees by a specified deadline. Chung’s side subsequently applied to defer payment, citing solicitor negligence and arguing that an extension would not prejudice any party. Leung’s side opposed the application, arguing that Chung had lost the right to request a jury trial, that Stand News no longer had legal representation, and that the allegations against Leung might violate the National Security Law.
全國政協副主席、前行政長官梁振英，2018 年入禀高等法院，控告理大前助理教授鍾劍華及《立場新聞》誹謗，案件早前決定交由陪審團審理，預計於 2023 年開審，提出申請的鍾需在限期前繳交有關費用。鍾劍華一方其後表示，因律師疏忽、延長繳款沒有損害各方的利益等理由，因此向法庭申請延期繳款。但梁振英一方反駁指，鍾失去權利要求陪審團參與審訊，且《立場新聞》已無法律代表，又指對梁的指控或觸犯國安法。
Translations are supplied by the source workbook. Consult the original reporting for context.
