24 Nov 2022法庭線#5758
南丫海難十年｜家屬要求召開死因研訊 高院駁回申請 官：未符公眾利益
On National Day on 1 October 2012, 124 Hong Kong Electric employees and their family members were travelling on the Lamma IV to Victoria Harbour to watch the fireworks when it was struck and pierced by the Hong Kong and Kowloon Ferry vessel Sea Smooth. The disaster claimed 39 lives. In November 2020, police said there would be no further prosecutions, and the Coroner’s Court decided that same month not to hold an inquest, directly ruling that the victims had been unlawfully killed.
The families of three of the victims believed that the causes of the incident and responsibility for it had still not been fully clarified. They filed an application with the High Court in June this year, asking the court to order an inquest. High Court judge Godfrey Lam handed down written judgment on Thursday (24th), finding that the families had failed to provide sufficient evidence to persuade the court that an inquest must be held. He dismissed the application and made no order as to costs.
2012 年 10 月 1 日國慶日，124 名港燈員工及家屬乘搭「南丫四號」，準備前往維港欣賞煙花期間，被港九小輪「海泰號」撞穿，海難造成 39 人罹難。警方於 2020 年 11 月指不會再有檢控，死因庭同月決定不召開研訊，直接裁斷遇難者「非法被殺」。
其中 3 名遇難者家屬認為事件成因、責任仍未完全釐清，今年 6 月入稟高等法院，要求法庭下令召開死因研訊。高院法官高浩文周四（24 日）頒下書面判詞，認為家屬未能提供足夠證據，說服法庭一定要召開死因研訊，駁回申請，不作訟費命令。
23 Nov 2022法庭線#5750
12 港人｜廖子文獲准以 2 萬元保釋候刑期上訴 早前高院判詞透露原審誤提分期執行
In July 2022, Liu Tsz-man, who was 18 at the time of the offences, was sentenced to a total of 31 months’ imprisonment in two cases: absconding from Hong Kong in the “12 Hong Kongers” case and possessing explosives at a warehouse in Wan Chai in 2019. Liu appealed against the sentence and applied for bail pending the appeal at the High Court on Wednesday (the 23rd). After hearing submissions from the prosecution and defence, appellate judge Pang Wai-cheong granted him bail of $20,000, on the conditions that he report to a police station three times a week, reside at his reported address, not leave Hong Kong and surrender his travel documents. The judgment will be handed down on a date to be fixed.
2022 年 7 月，廖子文(案發時 18 歲) 先後就「12 港人」潛逃、2019 年灣仔倉庫管有爆炸品兩案，共被判囚 31 個月。廖子文不服刑期提上訴，周三（23 日）向高院申請保釋等候上訴。上訴庭法官彭偉昌聽畢控辯雙方陳詞，批准他以 2 萬元保釋，期間每周三次向警署報到、在報稱地址居住、不得離港及交出旅遊證件，並擇日頒下判詞。
22 Nov 2022法庭線#5743
黎智英獲准聘英御狀 Tim Owen 抗辯 律政司直接向終院申上訴許可 終院周五處理
The Department of Justice confirmed to The Witness that it has directly applied to the Court of Final Appeal for leave to appeal and will not comment on the case. The Court of Final Appeal’s hearing diary shows that it will deal with the Department of Justice’s application for leave to appeal at 10 a.m. this Friday (25th). The parties are the Secretary for Justice, Tim Owen and the Hong Kong Bar Association. The hearing will be handled by Chief Justice Andrew Cheung Kui-nung and Permanent Judges Roberto Ribeiro and Joseph Fok.
律政司回覆《法庭線》時確認，已直接向終審法院申請上訴許可，不會對案件作任何評論。終審法院聆訊日誌顯示，本周五（25 日）早上 10 時將處理律政司的上訴許可申請，與訟方為律政司司長、Tim Owen，以及香港大律師公會；聆訊由終院首席法官張舉能、常任法官李義及霍兆剛負責。
22 Nov 2022法庭線#5744
理大衝突｜官准控方完成案情後加控鄭錦滿暴動罪 同時拒新增證供 指會對被告不公
In November 2019, large numbers of protesters inside the Polytechnic University were surrounded by police. Former Civic Passion member Cheng Kam-mun and seven others were accused of driving vehicles to transport protesters who escaped from the university through drainage channels, with five standing trial after denying charges of attempting to pervert the course of justice. After the prosecution finished presenting its case last Friday (18th), it proposed adding a riot charge against Cheng. It is understood that the basis of the charge was an allegation that Cheng deliberately remained inside the university to bolster the presence of the rioting crowd.
2019 年 11 月，理大內大批示威者被警方包圍，前熱血公民成員鄭錦滿等 8 人，被指駕車接載理大內爬渠離開的示威者，其中 5 人否認意圖妨礙司法公正罪受審。控方上周五（18日）完成控方案情後，提出對鄭錦滿新增暴動罪。據了解，檢控基礎為鄭涉蓄意留守理大內、壯大暴動人群聲勢。
21 Nov 2022法庭線#5736
8 人暴動罪成 5 人判囚 3 年 4 個月至 4 年 7 個月、2 人判入教導所
A total of 96 people were charged with rioting over the “Global Anti-Authoritarian March” on 29 September 2019. The case involving eight of them opened in July. Six pleaded guilty, while the remaining two men were both found guilty. Acting Judge Cheng Nim-chi on Monday (21st) sentenced seven people at the District Court to between 3 years 4 months and 4 years 7 months in prison, while two boys who were aged 14 and 15 at the time of the incident were sentenced to a training centre.
2019 年 9 月 29 日的「全球反極權遊行」，共 96 人被控暴動，當中涉及 8 人的案件於 7 月開審。案中 6 人認罪，餘下兩男同被裁罪成。暫委法官鄭念慈周一（21 日）在區域法院判 7 人監禁 3 年 4 個月至 4 年 7 個月，兩名案發時 14 及 15 歲的男生則被判入教導所。
18 Nov 2022法庭線#5729
少年 8 度致電法官及其妻 早前認藐視法庭判囚 14 天、緩刑一年 另罪獲撤控
A 17-year-old autistic youth was accused of making eight consecutive calls to a judge and his wife within nine minutes in December 2020 because he believed the judge was a “blue ribbon” supporter. He admitted a contempt of court charge in October and was sentenced to 14 days’ imprisonment, suspended for one year.
He faced a separate charge of persistently making telephone calls in connection with the same incident. The case was mentioned again at the Eastern Magistrates’ Courts on Friday (18th). The prosecution’s application to withdraw the charge was approved, and the defence made no application for costs.
17 歲自閉症少年被指於 2020 年 12 月，因認為一名法官是「藍絲」，於 9 分鐘內連續打 8 次電話予該法官及其妻子，10 月承認藐視法庭罪，被判囚 14 天，緩刑一年。
他就同一事件另面對一項「不斷打電話」罪，案件周五（18 日）在東區裁判法院再提堂。控方申請撤銷控罪獲批准，辯方沒有訟費申請。
18 Nov 2022法庭線#5730
採訪 7.21 襲擊查車牌罪成 蔡玉玲申上訴至終院 高院批出證明書
The former director of RTHK news programme Hong Kong Connection, Choy Yuk Ling, Bao, was accused of falsely stating to the Transport Department the purpose of vehicle-registration searches conducted to follow up on reporting about the 2019 Yuen Long 7.21 incident. In 2021, Choy Yuk Ling, Bao was convicted on two counts of making false statements and fined $6,000.
Choy Yuk Ling, Bao appealed against the conviction, but the appeal was dismissed by the High Court on the 7th of this month. Choy Yuk Ling, Bao then applied to the High Court for a certificate to appeal to the Court of Final Appeal. A hearing on the wording of the legal questions for the appeal took place on Friday (the 18th). The same day, Judge Li Yun-tung granted the certificate, finding that one of the legal questions raised by the applicant involved an issue of substantial and wide importance, saying it was “important to the news industry or those checking records for different purposes, such as debt litigation—all of these are important”.
港台新聞節目《鏗鏘集》前編導蔡玉玲，被指為跟進 2019 年元朗 721 事件後續報道，向運輸署虛報車牌查冊用途，2021 年被裁定 2 項作出虛假陳述罪成，罰款 6,000元。
蔡不服定罪提出上訴，本月 7 日被高等法院駁回。蔡再向高院申請上訴至終審法院的證明書，周五（18日）就上訴法律問題字眼聆訊。法官李運騰同日批出證明書，認為申請方提出的其中一條法律問題，涉重大而廣泛重要性爭議，「對新聞界或者持不同目的（查冊者），如錢債訴訟，各樣都重要」。
18 Nov 2022法庭線#5731
與街坊爭執打鬥罪成判罰 200 元 前區議員龔振祺提上訴 官押明年 2 月裁決
In June 2021, former Kwun Tong District Councillor Kung Chun-ki was alleged to have argued and collided with a married couple outside his district councillor’s office at Ko Yee Estate in Yau Tong. All three were charged with fighting in a public place. The couple were earlier allowed to sign a recognisance to keep the peace and had the charges withdrawn. Kung was convicted after trial and fined HK$200.
Kung appealed against the conviction, with the appeal heard in the High Court’s Court of First Instance on Friday (the 18th). Representing himself, Kung said he was moving forward “gently and very slowly” and had only wanted to leave the scene. The Department of Justice argued that Kung’s movements were clearly deliberate and forceful, and said his claim that he had stepped forward to create space to leave was unreasonable. The judge adjourned the ruling until February next year.
2021 年 6 月，前觀塘區議員龔振祺涉在其油塘高怡邨議員辦事處外，與一對夫婦爭執及碰撞。3 人同被控在公眾地方打鬥罪，夫婦早前獲准簽保守行為及撤控，龔振祺經審訊後被裁定罪名成立，判罰款 200 元。
龔振祺不服定罪提上訴，周五（18 日）在高院原訟庭審理。龔振祺自行陳詞指，自己是「溫柔、好慢向前移動」，當時只是想離開現場。律政司一方指，龔的動作明顯是故意及有力度，又指他聲稱踏前以換取空間離開，說法不合常理。
17 Nov 2022法庭線#5723
郭卓堅第四度入稟覆核防疫政策 稱「安心出行」違憲要求取消：好有信心贏
After previously filing applications challenging the government to abolish vaccine exemption certificates, overturn the decision to amend the regulations and cancel the Vaccine Pass, the “Cheung Chau judicial review king” Kwok Cheuk-kin filed his fourth judicial review application concerning the government’s anti-epidemic policies at the High Court on Thursday (17th). He said the LeaveHomeSafe policy violates the Basic Law and human rights, and asked the court to order its cancellation.
繼早前入稟挑戰政府，要求廢除免針紙、推翻修例決定及取消「疫苗通行證」等，「長洲覆核王」郭卓堅周四（17 日）第四度就政府防疫政策，入稟高等法院提司法覆核，指「安心出行」政策違反《基本法》及人權，要求法庭頒令取消。
17 Nov 2022法庭線#5724
被指灣仔修頓中心外牆油「官商勾結 該當何罪」字眼 49 歲清潔工被控刑事損壞
A 49-year-old cleaner was accused of writing “Official-business collusion—what crime does it warrant?”, “shit” and other words in red paint on the exterior wall and roller shutter of Southorn Centre in Wan Chai on 15 November 2022. He was charged with one count of criminal damage and appeared for the first time at Eastern Magistrates’ Courts on Thursday (17th).
49 歲清潔工，被指 2022 年 11 月 15 日於灣仔修頓中心外牆及捲閘，以紅油寫上「官商勾結 該當何罪」、「屎」等字眼，被控一項刑事損壞罪，周四（17 日）在東區裁判法院首度提堂。
Translations are supplied by the source workbook. Consult the original reporting for context.
