18 Aug 2025集誌社#7170
公僕水患|被指涉呃物流署 呂子聰是誰? 夫婦去年被指涉「詐騙」遭索償逾億
The Financial Services and the Treasury Bureau yesterday (17th) instructed the Logistics Department to “assume primary responsibility”, including reviewing the supplier and its person in charge, as well as their performance under other government contracts. Xin Ding Xin, which was alleged to be involved in infringement, has Lui Tsz-chung as its majority shareholder and sole director, with Chan Pik-lam as another shareholder. Police announced today that they had arrested a married couple yesterday on suspicion of fraud; the pair are the supplier’s director and shareholder.
A review of records shows that Lui Tsz-chung, Chan Pik-lam and companies under their control have been involved in various legal proceedings in mainland China and Hong Kong. Last year, the couple and their company were accused by a Japanese-funded company of using false documents to purchase and sell “caustic soda”, and were sued for repayment of more than HK$115 million. A company of Lui Tsz-chung’s in mainland China was also placed on a list of dishonest parties in 2022 over unpaid wages.
財經事務及庫務局昨(17日)責成物流署「承擔主體責任」,包括檢視該供應商及其負責人,與政府其他合約表現等等。被指涉嫌侵權的鑫鼎鑫,由呂子聰任大股東兼唯一董事、陳碧琳為另一股東。警方今公布昨以欺詐罪拘一對夫婦,為供應商的董事及股東。
翻查資料,呂子聰、陳碧琳及其旗下公司,曾在中、港兩地捲入不同訴訟案件,夫婦二人及公司去年被日資公司指控使用虛假文件購買和銷售「哥士的」,被入稟要求償還逾 1.15 億港元;呂子聰於內地的公司,在 2022 年亦因拖欠工資被納入失信名單。
15 Aug 2025法庭線#7162
反恐第二案|官開始引導 指不能因2019年事件立場作判斷 警員證供
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “九十二籤” subsequently claimed responsibility. Seven people were charged with offences under the Anti-Terrorism Ordinance, while the remaining defendant was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 151st day on Friday (the 15th).
Justice Chan Chung-hang began directing the jury, saying that although jurors might have personal views or emotional reactions concerning the social events of 2019, they must objectively assess the evidence when reaching factual findings. They should also not consider the contents of any media reports, particularly reports involving observations or interpretations of the evidence in the case.
The judge said some defendants disputed whether police officers could effectively identify their identities or voices. Jurors must carefully consider the officers’ evidence and must not regard it as more reliable or “look more favourably upon it” simply because of the officers’ identities. They must also analyse the evidence independently, as “two or more [witnesses] may make the same mistake”. The case will continue next Monday.
2020 年初,明愛醫院、羅湖港鐵車廂被發現有爆炸品,Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名,餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪,周五(15 日)於高院踏入第 151 天審訊。
法官陳仲衡開始引導陪審團,指雖然陪審員會對 2019 年發生的社會事件有個人立場或情緒反應,惟作出事實裁斷時必須客觀評估證據,亦不應考慮任何媒體報道的內容,尤其涉及對案中證據的觀察或演繹的報道。
官指出,部分被告爭議警員不能有效辨認其身分、聲音,陪審員要慎重考慮警員的證供,不可以因警員身分,而認為其證供比較可靠或「看高一線」,亦需獨立分析,因有機會「兩位(證人)或以上同樣會出錯」。案件下周一續。
13 Aug 2025法庭線#7157
反恐第二案|第七被告方:家中現金不足證曾聯絡金主 辯方完成結案 官周五起引導
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR carriage. The Telegram channel “92 Lots” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 150th day on Wednesday (13th).
Barrister Douglas King Hin Kwok, representing the seventh defendant Ho Pui-yan, continued his closing submissions. He said that when the Caritas Medical Centre explosion occurred, the first defendant Ho Cheuk Wai wrote on Telegram that “the old stuff seems unable to explode”, while Ho Pui-yan’s response showed that she was unaware of the operation and had not participated in it. Kwok also said that although police found HK$160,000 in cash at Ho Pui-yan’s home, this was insufficient to prove that she was responsible for contacting funders or similar matters.
Barrister Mak Kin-ming, representing the eighth defendant Chow Ho-man, said Chow shared a room with his brother and that the prosecution had no evidence showing that the chemicals and 3D printer found in the room belonged to him. The defence completed 10 days of closing submissions. The case will continue on Friday, when the judge will begin directing the jury.
2020 年初,明愛醫院、羅湖港鐵車廂被發現有爆炸品,Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名,餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪,周三(13 日)於高院踏入第 150 天審訊。
代表第七被告何培欣的大律師郭憬憲繼續結案陳詞,指首被告何卓為在明愛醫院爆炸案發時,在 TG 稱「舊嘢好似爆唔到」,而何培欣的回應反映她對行動不知情,而且沒參與。郭又指,雖然警方在何培欣家中搜出 16 萬元現金,但不足以證明她負責聯絡金主等。
第八被告周皓文的代表大狀麥健明指,周與其兄共用房間,控方無任何證據顯示在房間搜出的化學品、3D 打印機均屬於他。辯方完成共 10 天的結案陳詞,案件周五續,法官將開始引導陪審團。
12 Aug 2025法庭線#7154
反恐第二案|第七被告方:受不住首被告「放負」才勉強覆做文宣 官問「Kam」意思
In early 2020, explosives were found at Caritas Medical Centre and in an MTR train carriage at Lo Wu. The Telegram channel “Ninety-Two Lots” subsequently claimed responsibility. Seven people were charged with offences under the Anti-terrorism Ordinance, while one other person was charged with attempting to manufacture explosives. All eight pleaded not guilty, and the trial entered its 149th day at the High Court on Tuesday (12th). The representative barrister for seventh defendant Ho Pui-yan, Douglas King Hin Kwok, began closing submissions.
Kwok told the jury that, at the time of the incidents, Ho Pui-yan was in an ambiguous relationship with first defendant Ho Cheuk Wai. She treated the other party’s messages as follows: “Normally I’d flirt a little; if you Kam me, I’d be perfunctory.” Kwok said she was affected by the other party’s negative emotions and only reluctantly replied that she would serve in the “publicity department”. When the judge asked what “Kam” meant, laughter broke out in court. Kwok replied: “Doing awkward things and enjoying yourself.”
Separately, the representative barrister for fifth defendant Yeung Yee-sze questioned the reliability of police officers’ identification of Yeung. The representative barrister for sixth defendant Cheung Cheuk-ki said Cheung became involved in the case because she wanted to accompany her boyfriend during their “honeymoon period”, but being aware of something did not mean she had the intention to participate.
2020 年初,明愛醫院、羅湖港鐵車廂被發現有爆炸品,Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名,餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪,周二(12 日)於高院踏入第 149 天審訊。第七被告何培欣的代表大狀郭憬憲開始結案陳詞。
郭向陪審員指,案發時何培欣與首被告何卓為「曖昧緊」,她看待對方訊息的態度是「正常就搭下嗲,你 Kam 我就 hea」,而她受對方的負面情緒影響,才勉強回覆說自己會擔任「文宣部」。法官問及「咩叫 Kam?」庭上出現笑聲。郭答「做尷尬嘢就自得其樂」。
另外,第五被告楊怡斯的代表大狀在結案質疑,警員對楊的辨認不可靠。第六被告張琸淇的代表大狀則指,張是因為「熱戀期」要陪伴男友才牽涉入案件,但知情不代表她有意圖參與。
10 Aug 2025獨媒#7149
通訊局終極敗訴 記協及港台工會:還《頭條新聞》製作團隊公道
A 2020 episode of Headliner was accused of insulting the police. The Communications Authority has suffered a final defeat, with the quashing of all the warnings upheld. The Hong Kong Journalists Association and the RTHK Staff Union, which challenged the Authority through a judicial review at the time, said in a statement yesterday that after more than five years of litigation, justice had finally been done for the production team. However, RTHK had already stopped broadcasting Headliner, and the harm caused could not be undone.
The statement said the judgment not only confirmed that the Headliner production team had not breached the Broadcasting Code, but also affirmed the unique nature of satirical programmes as a form of artistic expression and social commentary, as well as their important role in public discussion. It said this was an important victory for the entire news industry. When explaining and applying the Broadcasting Code, regulators must fully consider the type of programme, the context of its content and the constitutional protection of freedom of expression, and avoid imposing unnecessary and unreasonable restrictions on media creativity.
The Hong Kong Journalists Association and the RTHK Staff Union called on the Communications Authority to publish the withdrawal of the relevant decision and acknowledge that its decision at the time was erroneous. They also thanked the lawyers and barristers on the legal team, as well as everyone who had taken part in crowdfunding and firmly supported freedom of expression, saying: “The success of this judicial review was entirely due to everyone’s selfless dedication.”
The statement said the judgment provided clearer guidance for regulators and clarified the principles that the authorities must follow when regulating the media, and that media organisations must follow when producing programmes.
For regulators, the decisive factor in determining whether a broadcaster had breached the rules was whether it had made reasonable efforts to verify the information, rather than whether the factual content ultimately proved accurate. The obligation to verify applied only to factual content. Regulators must also distinguish whether criticism targeted a person’s or group’s “conduct” or “status” when applying the rules prohibiting insults against individuals or groups.
《頭條新聞》2020年一集節目被指侮辱警方,通訊事務管理局終極敗訴,所有警告維持撤銷。當年提出司法覆核挑戰通訊局的記協及港台工會昨日發聲明,指纏訟逾五年,終還製作團隊公道,惟港台早已停播《頭條新聞》,已造成的傷害無法挽回。
聲明認為,判決不僅確定港台《頭條新聞》製作團隊並未違反廣播守則,亦肯定了諷刺節目作為藝術表達和社會評論形式的獨特性,以及其在公共討論中的重要角色,是對整個新聞行業的一次重要勝利。監管機構解釋及應用廣播守則時,必須充分考慮節目類型、內容語境及表達自由的憲法保障,避免對媒體創作施加不必要和不合理的限制。
記協及港台工會呼籲通訊局應公佈撤銷有關裁決,並承認當日的裁決為錯誤。他們最後感謝法律團隊的律師及大狀,以及所有曾參與眾籌、堅定支持言論自由的人士,指「是次司法覆核的成功,全賴眾人無私奉獻。」
聲明提到,裁決為監管機構提供更清晰指引,亦釐清當局監管傳媒以及傳媒製作節目時須跟從的原則。
就監管機構而言,判斷廣播機構是否違規的決定性因素,是曾否合理地努力核實,而非該事實內容最終是否準確;核實的義務亦僅適用於事實內容;禁止侮辱個人或群體的規定,監管機構亦需區分評論針對的是「行為」還是「地位」。
7 Aug 2025法庭線#7143
反恐第二案|辯方稱第三被告被捕後 被指為其TG帳戶曾打電話 另質疑警編撰證供
Explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment in early 2020, and the Telegram channel “Gau Sap Ji Cim” subsequently claimed responsibility. Seven people were charged with offences under anti-terrorism legislation, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty. The trial entered its 147th day at the High Court on Thursday (the 7th), with the barrister representing third defendant Tsz Lok Ng continuing his submissions.
The defence said there were reasonable doubts about the prosecution’s claim that Ng was the Telegram user “Time to Change Name”. The defence noted that after Ng was arrested, “Time to Change Name” made a 110-second telephone call. It also cited evidence from the police officer who arrested Ng that, after the arrest, Ng’s hands had remained handcuffed behind his back and he had “not used the phone at all”.
The defence further said that the notebooks of the officer responsible for arresting Ng and the officer who immediately gathered evidence at the scene did not record that they had taken a statement and gathered evidence in the same space. It said that, five years later, the two officers changed their accounts when testifying in court, but gave matching versions. The defence questioned whether their evidence had been “made up”, saying “the [testimony] was all rubbish”.
2020 年初,明愛醫院、羅湖港鐵車廂被發現有爆炸品,Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名,餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪,周四(7 日)於高院踏入第 147 天審訊。第三被告吳子樂的代表大律師繼續陳詞。
辯方指,控方指控吳為 Telegram 用戶「夠鐘改名」的說法之中,存有合理疑點。辯方提及,吳被捕後,「夠鐘改名」曾打出一通長達 110 秒的電話,亦引用拘捕吳的警員證供指,吳被捕後,雙手一直被手銬反鎖,「完全冇用過電話」。
辯方又指,負責拘捕吳的警員與即時在現場搜證的警員,兩人的紀事冊沒有記下兩人在同一空間錄取口供及搜證,而兩人 5 年後在庭上作供更改說法並且一致。辯方質疑,兩人的證供是「作出嚟」、「(證供)全部都係垃圾」。
7 Aug 2025法庭線#7145
《頭條新聞》案 通訊局申終極上訴被拒 終院:無合理給予上訴許可的理由
In 2020, the Communications Authority ruled that the “無品芝麻官” and “驚方訊息” segments of RTHK’s “Headliner” had denigrated and insulted the police. The Hong Kong Journalists Association, together with the RTHK staff union, sought a judicial review challenging the decision and won in part in the High Court in 2021. The Authority and the union subsequently appealed against the parts of the ruling they had lost. Last year, the Court of Appeal dismissed the Authority’s appeal, while the union and the Journalists Association were ruled to have won their case and the Authority’s warning was quashed. The Authority applied the same year for leave to appeal to the Court of Final Appeal.
The latest update on the Court of Final Appeal’s website shows that its Appeal Committee rejected the Authority’s application for leave to appeal on Thursday (the 7th), saying there were no reasonable grounds for granting leave. In other words, the Authority can no longer challenge the Court of Appeal’s decision through an appeal.
In response to an inquiry from The Witness, the Authority said it noted the decision of the Court of Final Appeal’s Appeal Committee. As the statutory regulator of the broadcasting industry, it would continue to handle complaints concerning broadcasting matters in accordance with the principles of fairness, impartiality and objectivity, and under the Broadcasting Ordinance and relevant programme codes, to ensure that television and radio programmes served the public interest.
通訊事務管理局 2020 年裁定港台《頭條新聞》內「無品芝麻官」及「驚方訊息」環節,屬污衊、侮辱警方,記協聯同港台工會提司法覆核挑戰決定,2021 年獲高院裁定部分勝訴。局方和工會其後各就敗訴部分提上訴。至去年,上訴庭駁回通訊局上訴;工會、記協則獲判勝訴,並獲撤銷通訊局的警告。通訊局同年再申請上訴至終審法院。
終院網頁最新顯示,終院上訴委員會於周四(7 日)拒絕向通訊局批出上訴許可,指案件無合理給予上訴許可的理由。換言之,通訊局無法再透過上訴挑戰上訴庭決定。
通訊局回覆《法庭線》查詢指,備悉終院上訴委員會的決定,作為廣播業的法定規管機構,會繼續以公平、公正及不偏不倚的原則按《廣播條例》及相關節目守則,處理有關廣播事務的投訴,確保電視及電台節目符合公眾利益。
5 Aug 2025法庭線#7138
獲釋守監管令期間被拒赴英讀書 杜啟華確認撤司法覆核 指難明言原因
On 14 July 2019, clashes between police and civilians broke out at Sha Tin New Town Plaza. HKU graduate To Kai Wa was convicted of four offences, including assaulting police, after being accused of biting off a police sergeant’s finger, and was sentenced to five and a half years in prison. To was released in 2024 and required to comply with a 22-month supervision order.
To Kai Wa subsequently applied for a law degree at a university in the UK and received a conditional offer. The person then applied to the Correctional Services Department’s Supervision Case Review Board to leave Hong Kong for the UK this month, but the application was rejected. Dissatisfied with the decision, To filed for judicial review. The hearing was originally scheduled for 14 August, but the Judiciary’s website now shows that no hearing has been scheduled for the case.
To confirmed to The Witness that the judicial review application had been withdrawn, but said the reason was difficult to explain: “There are many things I cannot answer you about.” The Witness asked the Department of Justice and the Correctional Services Department whether the decision to refuse To Kai Wa permission to leave Hong Kong was related to a decision by the National Security Committee. Both departments replied that they would not comment on individual cases.
The Correctional Services Department also said it had always implemented supervision orders lawfully and impartially, to ensure that released prisoners complied with all conditions of their supervision orders, reformed and reintegrated into society, protect members of the public from serious harm by offenders, and ensure the effective safeguarding of national security.
2019 年 7 月 14 日,沙田新城巿廣場爆發警民衝突,港大畢業生杜啟華被指咬斷警長手指,襲警等 4 罪成判囚 5 年半。杜於 2024 年獲釋後,須遵守為期 22 個月的監管令。
杜啟華隨後報讀英國一大學的法律學士課程,獲有條件取錄,遂向懲教署監管個案覆檢委員會申請本月離港赴英但被拒。杜不服決定提司法覆核,原排期 8 月 14 日聆訊,現時司法機構網頁顯示,該案無聆訊排期。
杜向《法庭線》確認,已撤回司法覆核申請,但指難明言原因,「好多嘢答你唔到」。就懲教署拒批杜啟華離港,是否與國安委決定有關,《法庭線》分別向律政司、懲教署查詢,均獲回覆不評論個別案件。
懲教署另指,一直依法和公正地執行監管令,以確保釋囚遵從監管令所有條件、改過自新及重新融入社會,保護公眾人士免遭罪犯嚴重傷害,並確保有效維護國家安全。
31 Jul 2025獨媒#7121
的士司機疑遭警員箍頸後亡 陪審團再裁非法被殺 鄧炳強:研究判詞再作行動
Taxi driver Chan Fai-wong was arrested in 2012 over a dispute with a passenger. During the incident, he was allegedly put in a chokehold by police officer Lam Wai-wing and taken to a police vehicle. He subsequently suffered displacement of the cervical vertebrae, developed bronchitis while receiving hospital treatment and eventually died. At an inquest, the jury today again returned a verdict of unlawful killing. Asked whether police would reopen the investigation, Secretary for Security Chris Tang said he had noted the relevant judgment in the case and that the authorities would study the judgment before taking further action.
Chris Tang met reporters after chairing a Fight Crime Committee meeting in the afternoon, with several media organisations focusing on the incident. TVB News asked Chris Tang whether police would reopen the investigation, whether the police officer involved at the time was still serving in the force and whether he would be suspended.
的士司機陳輝旺2012年因牽涉乘客糾紛而被捕,期間疑被警員林偉榮箍頸帶上警車,事後頸椎移位,留醫期間患上支氣管炎最終死亡,死因庭召開死因聆訊,陪審團今日再次裁決斷死者為「非法被殺」。被問到警方會否重啟調查,保安局局長鄧炳強回應表示,已留意到案件的相關判決,當局將研究判詞再採取下一步行動。
鄧炳強下午主持撲滅罪行委員會會議後見記者,多間傳媒都關注事件。《無綫新聞》問鄧炳強,警方會否重啟調查,及當年的涉事警員是否仍在警隊工作,會否被停職。
30 Jul 2025法庭線#7114
反恐第二案|辯方結案:警拘捕次被告後手機沒轉飛行模式 涉案TG訊息或被更改
In early 2020, explosives were found at Caritas Medical Centre and in a Lo Wu MTR train compartment. The Telegram channel “Ninety-Two Divinations” “九十二籤” subsequently claimed responsibility. Seven people were charged with offences under the Terrorism Ordinance, while the remaining person was charged with “attempting to manufacture explosives”. All eight pleaded not guilty, and the trial at the High Court entered its 146th day on Wednesday (30th).
2020 年初,明愛醫院、羅湖港鐵車廂被發現有爆炸品,Telegram 頻道「九十二籤」事後承認責任。7 人被控《反恐條例》罪名,餘下 1 人被控以「企圖製造炸藥」罪。8 人不認罪,周三(30 日)於高院踏入第 146 天審訊。
次被告李嘉濱的兩名代表大律師完成結案陳詞。辯方指,李嘉濱沒參與涉案的串謀計劃。控方依賴 TG 訊息指控李,但警員拘捕李後檢取他的手機,沒有立即轉為飛行模式,而拘捕後兩日,警員才開始擷取手機訊息,但第三日李的手機仍收到訊息,代表收到數據。
辯方亦引述控方專家證人的供詞,指 TG 有「多重登入」的功能,指在李被捕後,可能有人從其他裝置修改涉案的 TG 訊息,證據或受干擾。案件 8 月 6 日續審,第三被告吳子樂一方將開始結案陳詞。
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