4 Nov 2022獨媒#5673
8.25荃灣非法集結 囚11個月女教師提定罪覆核遭駁回 控方申訟費被拒
The “Tsuen Wan, Kwai Tsing and Kwai Chung March” on 25 August 2019 escalated into clashes between police and members of the public, during which police deployed water cannon vehicles and fired warning shots. Three men and two women were charged with unlawful assembly and other offences, found guilty of all charges in August, and sentenced to imprisonment last month. One of them, a kindergarten teacher sentenced to 11 months’ imprisonment, had earlier applied for a review of her conviction. The application was heard at the West Kowloon Magistrates’ Courts today (4th). Magistrate Juleus Chee Ho Lee said the defence’s view was mistaken, dismissed the defendant’s application for a review of the conviction and upheld the original sentence. The prosecution applied for costs, seeking to have the defence pay more than HK$8,000, but Magistrate Lee considered that seeking a review was the defendant’s right and that the prosecution did not apply for costs in ordinary appeal cases. The application was ultimately rejected.
2019年8月25日「荃葵青遊行」演變成警民衝突，警方曾出動水炮車及開槍示警。3男2女被控非法集結等罪，8月被裁定所有罪名成立，上月均被判囚。其中一名幼兒教師被判囚11個月，她早前提出定罪覆核，今（4日）在西九龍裁判法院聆訊。裁判官李志豪指辯方觀點出錯，駁回被告的定罪覆核、維持原判。控方向法庭申請訟費，要求辯方支付逾8千元，但李官認為覆核是被告的權利，而在一般上訴案件中，控方亦不會申請訟費，最後拒絕其申請。
4 Nov 2022獨媒#5674
鄭若驊丈夫潘樂陶旗下安樂工程 認違反競爭法罰款1.5億元
ATAL Engineering, owned by former Secretary for Justice Teresa Cheng’s husband Otto Lok To Poon, allegedly colluded with the Shun Hing Group to fix prices over four years in order to win air-conditioning engineering contracts, involving total project sales of about HK$2 billion. Its subsidiary ATAL Mechanical and Electrical admitted violating the Competition Ordinance and was fined HK$150 million, and ordered to pay the Competition Commission’s investigation costs and legal costs.
前律政司司長鄭若驊丈夫潘樂陶旗下的安樂工程，涉嫌與信興集團在四年間合謀定價，以投得空調工程合約，涉及工程銷售總額約20億港元。安樂工程子公司安樂機電承認違反競爭法，被判罰款1.5億元，並須向競委會支付調查費用及訟費。
4 Nov 2022獨媒#5675
警拘捕天水圍中學化學教師 涉討論區圖文並茂教製造臭氣彈
Police arrested a 30-year-old man who teaches chemistry at a secondary school in Tin Shui Wai, alleging that he posted on an online forum in October this year an illustrated account of how to make and use hydrogen sulfide, and even provided equations for producing high concentrations of hydrogen sulfide to poison others. He was arrested on suspicion of inciting others to use harmful substances with intent to cause harm, among other things.
警方拘捕一名在天水圍一間中學任教化學的30歲男子，指他涉嫌今年10月在網上討論區發佈帖文，圖文並茂講述製造硫化氫的方式及用途，更提供方程式製造高濃度的硫化氫毒死他人，以「涉嫌煽惑他人意圖損害等而施用有害物品」將他拘捕。
3 Nov 2022RTHK#5659
男子涉「紅碼」 期間離開住所及進入表列處所判緩刑
A 67-year-old man was charged with contravening the Prevention and Control of Disease Regulation after repeatedly leaving his residence and entering or attempting to enter premises listed under Cap. 599F while his Vaccine Pass displayed a “red code”. At Tuen Mun Magistrates’ Courts, he was sentenced to a total fine of $37,000 and two months’ imprisonment, suspended for two years, to run concurrently.
一名67歲男子在「疫苗通行證」顯示為「紅碼」期間，多次離開住所及進入或嘗試進入第599F章下的表列處所，被控違反《預防及控制疾病規例》，在屯門裁判法院，合共被判處罰款3萬7千元及監禁兩個月，緩刑兩年，同期執行。
3 Nov 2022獨媒#5663
急救員一年前暴動罪脫 上訴庭另一案宣判救護「不等如中立」 律政司始提上訴
A first-aider and a female law student were found not guilty last year of rioting and possessing offensive weapons in connection with clashes in Wan Chai on 31 August 2019. A year later, in August this year, the Court of Appeal ruled in another riot appeal that serving as a volunteer first-aider at a riot scene was not a valid defence. High Court records show that in September this year, the Department of Justice applied to appeal against the acquittal by way of case stated.
2019年8月31日灣仔的衝突中，一名急救員及一名法律系女學生去年獲裁定暴動及管有攻擊性武器罪不成立。裁決相隔一年，上訴庭今年8月就另一宗暴動上訴案件宣判，指暴動場合中擔任義務救護員並非有效辯護理由。據高院資料顯示，律政司於今年9月就無罪裁決，以案件呈述形式申請上訴。
3 Nov 2022獨媒#5664
郭卓堅再覆核「免針紙」被拒 惟官指市民質疑「疫苗通」延長8個月理據
The “Cheung Chau judicial review king”, Kwok Cheuk-kin, earlier won the “vaccine exemption certificate case”. However, the government swiftly amended the law, empowering the Secretary for Health—who previously had no such power—to invalidate more than 20,000 “vaccine exemption certificates”. Kwok again applied to the High Court for judicial review, seeking an order declaring the Executive Council’s amendment unconstitutional. The High Court handed down its judgment today, refusing leave for the judicial review. However, Justice Ko Ho-man noted that members of the public might question the extension of the Vaccine Pass for eight months when the current vaccination rate and established natural protection suggested that society should gradually relax the measures.
「長洲覆核王」郭卓堅早前在「免針紙案」勝訴，惟政府高速修例，賦權予原本無權的醫衞局局長廢除2萬多張「免針紙」。郭卓堅再向高等法院提出司法覆核，要求法庭頒令行會修例不合憲，高等法院今頒下判詞，拒絕批出司法覆核許可。不過高浩文在判詞中提到，市民或質疑現時的接種率和已建立的天然屏障，社會應逐步放寬，但政府卻延長「疫苗通」8個月。
2 Nov 2022法庭線#5655
中大畢業禮案 控方改控非法集結 19 歲青年認罪、還押候判刑
At CUHK’s graduation ceremony on 19 November 2020, more than 100 people marched on campus, with some displaying banners including “Liberate Hong Kong; revolution of our times” and chanting slogans. The two men were initially charged with conspiracy to publish seditious materials. The prosecution later applied to amend the charges to unlawful assembly. One of the men, a 19-year-old, pleaded guilty in the District Court on Wednesday (2nd) and was remanded pending sentencing.
2020 年 11 月 19 日中大畢業禮，逾百人在校內遊行，有人展示「光時」等橫額及叫口號。事後兩男原被控串謀發表煽動文字罪，控方提出修訂控罪，改控二人非法集結罪。一名 19 歲青年周三（2 日）在區域法院認罪。
1 Nov 2022法庭線#5648
前區議員助理被指襲擊並搶休班警手機 官裁無罪：警證供前後矛盾、與 CCTV 片有分歧
A former assistant to Kowloon City District Councillor Wong Kwok-tung was alleged to have jumped the fare gate at Kowloon Bay MTR Station in 2020 and, after being spotted by a passing off-duty police officer, snatched the officer’s phone and punched him. The former assistant denied charges of criminal damage and assault occasioning actual bodily harm. After a trial at Kwun Tong Magistrates’ Courts on Tuesday (the 1st), Magistrate Minnie Lai Man Wat found him not guilty of both charges.
九龍城區議員黃國桐的前助理，被指於 2020 年在九龍灣港鐵站「跳閘」，被路過的休班警發現時，搶去對方手機並以拳頭襲擊。前助理否認「刑事損壞」和「襲擊致造成身體傷害」兩罪，案件周二（1 日）在觀塘裁判法院經審訊後，由裁判官屈麗雯裁定兩罪不成立。
1 Nov 2022法庭線#5651
前職工盟 3 幹事認違社團例、罰 8,000 元
The Hong Kong Confederation of Trade Unions (HKCTU), which was dissolved in October 2021, had its former chairperson Joe Wong, vice-chairperson Fredric Chien Hwa Teng and treasurer CHUNG Chung-fai arrested in March 2022 for allegedly failing to submit information on the organisation’s operations and finances to police as required under the Societies Ordinance. They were charged in September of the offence of “failing to comply with the Societies Ordinance by submitting information”. The three pleaded guilty at the Eastern Magistrates’ Courts on Tuesday (November 1), and were each fined $8,000.
2021 年 10 月解散的工會組織「職工盟」，其前主席黃迺元、副主席鄧建華及司庫鍾松輝，2022 年 3 月被指未按《社團條例》要求，向警方提交組織運作及財政等資料被捕，同年 9 月被票控「沒有遵從社團條例提交資料」罪。3 人周二（11 月 1 日）在東區裁判法院認罪，各被判罰 8,000 元。
31 Oct 2022法庭線#5641
東涌奏《願榮光》獲裁無牌演奏罪不成立 六旬翁原另被控大圍演奏 控方改控無牌籌款
The prosecution applied to amend the charge to “fundraising in a public place without a permit”, and the application was approved by acting chief magistrate Chi Wai (1965) Cheung. The prosecution intends to apply for this case and two other similar cases at different locations to be tried together. An adjournment to 3 November was approved for the matter to be dealt with.
控方申請修改控罪至「沒有許可證而在公眾地方籌款」，獲署理主任裁判官張志偉批准。控方擬申請把本案，及另外 2 宗案發地點不同的同類案件合併審訊，獲批准押後至 11 月 3 日處理。
Translations are supplied by the source workbook. Consult the original reporting for context.
