9 Sept 2022法庭線#2434
認虛報 4.6 萬元選舉開支 2020 年立會候選人許孝良判囚 3 月
Hui Hau-leung, a candidate in the New Territories West constituency at the 2020 Legislative Council election, was accused of submitting a false election return to the Registration and Electoral Office, claiming that he had incurred more than HK$46,000 in expenses for legal services and personal grooming and image training. He was charged with two offences, including attempted fraud.
Hui pleaded guilty at Eastern Magistrates' Courts on Friday (the 9th). In mitigation, the defence said the case did not involve vote-rigging and had not affected the fairness of the election. Chief Magistrate Ada Shun Yee Yim said the public had high expectations of candidates' conduct, and that the defendant's actions had betrayed the trust of Hong Kong people and hurt the feelings of his supporters. He was sentenced to three months' imprisonment.
2020 年立法會選舉新界西候選人許孝良,被指向選舉事務處提交虛假選舉申報書,聲稱因法律服務及個人儀表形象訓練等,招致逾 4.6 萬元開支,被控企圖欺詐等兩罪。
許孝良周五(9 日)於東區裁判法院認罪,辯方求情時本案非「種票」,不影響選舉公平性。主任裁判官嚴舜儀指,公眾對候選人操守有高期望,被告行為辜負港人信任,傷害支持者感情,終判監禁 3 個月。
9 Sept 2022法庭線#2435
被指 2022 年六四在燈柱等貼貼紙 中大生被控刑事損壞 押後 10.28 再訊
A 20-year-old CUHK student was accused of posting stickers related to the June Fourth incident at traffic lights, road signs and other locations in Hong Kong on June 4, 2022. The student was charged with one count of criminal damage.
一名 20 歲中大學生,被指在 2022 年 6 月 4 日,在香港交通燈、路牌等地方,張貼與六四事件相關貼紙,被控一項刑事損壞罪
9 Sept 2022法庭線#2436
9.29 金鐘暴動罪成 9 人囚 3 年半 2 人判入教導所
Judge Yiu Fan-chi said the riot in this case was large in scale and highly violent, and lasted for more than 20 minutes before ending only because the police carried out a dispersal operation. Taking into account that none of the defendants had played a leadership or mobilisation role, and that more than three years had passed since the incident during which they had endured tremendous pressure, he sentenced nine of them to three and a half years in prison. The two defendants under 21 were sentenced to training centres. The judge urged them not to give up on themselves, to reflect while in prison, and to properly repay their family and friends after returning to society.
法官姚勳智形容,本案暴動規模較大、暴力程度高,歷時 20 多分鐘結束,只因警方作驅散。考慮到眾被告並非領導及號召角色,且案發至今長達 3 年,承受具大壓力,遂判案中 9 人監禁 3 年半、未滿 21 歲的 2 人則判入教導所。法官寄語眾人不要放棄自己,在獄中反省,重投社會後好好報答親友。
9 Sept 2022法庭線#2437
理大衝突|20 歲女生認校園內外兩暴動罪 判入教導所 官再促修例擴權判刑
In November 2019, police surrounded protesters inside the Hong Kong Polytechnic University. Seventeen people allegedly broke out of the encirclement and were arrested inside the Hong Kong Science Museum. The woman, who was 18 at the time of the incident, pleaded guilty in mid-August to two counts of rioting, one inside and one outside the campus. On Friday (the 9th), she was sentenced to a training centre, with the two sentences to run concurrently.
2019 年 11 月,警方圍堵理工大學內的示威者,其中 17 人疑「突圍而出」,在科學館內被捕。案發時 18 歲的女生,8 月中承認校園內及校園外兩項暴動罪,周五(9 日)被判入教導所,兩罪同期執行。
9 Sept 2022獨媒#2438
網媒記者涉奏國歌期間舉「港英旗」叫囂 控方增侮辱區旗交替控罪
Last year, large crowds watched a live broadcast at the APM shopping mall in Kwun Tong after Cheung Ka-long won gold in the men’s individual foil event at the Tokyo Olympics. Online media reporter “Mei Na” allegedly booed and shouted while the national anthem was being played and was arrested after raising a “British Hong Kong flag”, becoming the first person arrested after the National Anthem Law came into effect. Almost a year later, she was formally charged with one count of insulting the national anthem. The case came before Kwun Tong Magistrates’ Courts today (the 9th). The prosecution said it would amend the charge and add insulting the regional flag as an alternative charge. Chief Magistrate Bina Chainrai adjourned the case to 28 October upon the defence’s application, to allow the defence to provide further legal advice on the new charge. The defendant was continued on bail.
去年張家朗在東京奧運花劍個人賽中奪金,大批市民在觀塘APM商場觀看直播。網媒記者「美娜」涉在播放國歌時發出噓聲及叫囂,及高舉「港英旗」被捕,成《國歌法》實施後首名被捕者。事隔近一年,她被正式起訴一項「侮辱國歌」罪。案件今(9日)在觀塘裁判法院提堂,控方指將修訂控罪,並新增一項「侮辱區旗」作交替控罪。主任裁判官錢禮應辯方申請將案件押後至10月28日,以讓辯方就新控罪進一步給予法律意見。期間被告續准保釋。
9 Sept 2022法庭線#2441
理大衝突|20 歲女生認校園內外兩暴動罪 判入教導所 官再促修例擴權判刑
In November 2019, police surrounded protesters inside Hong Kong Polytechnic University. Seventeen people were suspected of having “broken out” and were arrested inside the Hong Kong Science Museum. The woman, who was 18 at the time of the incident, pleaded guilty in mid-August to two counts of rioting, one inside and one outside the campus. She was sentenced to a training centre on Friday (the 9th), with the two sentences to run concurrently.
2019 年 11 月,警方圍堵理工大學內的示威者,其中 17 人疑「突圍而出」,在科學館內被捕。案發時 18 歲的女生,8 月中承認校園內及校園外兩項暴動罪,周五(9 日)被判入教導所,兩罪同期執行。
9 Sept 2022法庭線#2442
9.29 金鐘暴動罪成 9 人囚 3 年半 2 人判入教導所
Judge Yiu Fan-chi said the riot in the case was relatively large in scale and highly violent, lasting for more than 20 minutes and ending only after police conducted a dispersal operation. Taking into account that none of the defendants had been leaders or organisers, and that more than three years had passed since the incident during which they had endured immense pressure, he sentenced nine of them to 3½ years in prison. The two defendants under 21 were ordered to be detained in a training centre. The judge urged them not to give up on themselves, to reflect while in custody, and to properly repay their family and friends after returning to society.
法官姚勳智形容,本案暴動規模較大、暴力程度高,歷時 20 多分鐘結束,只因警方作驅散。考慮到眾被告並非領導及號召角色,且案發至今長達 3 年,承受具大壓力,遂判案中 9 人監禁 3 年半、未滿 21 歲的 2 人則判入教導所。法官寄語眾人不要放棄自己,在獄中反省,重投社會後好好報答親友。
9 Sept 2022獨媒#2445
涉FB轉載許智峯貼文 前中大學生會長否認煽惑投白票 爭議條例合憲性
The Independent Commission Against Corruption arrested several people in December last year over reposting on Facebook, during the 2021 Legislative Council election, of a post by former Democratic Party lawmaker Hui Chi-fung that incited others to cast blank ballots. The ICAC charged former CUHK student union president So Tsun-fung with violating the Elections Ordinance. So Tsun-fung denied the charge this morning at the West Kowloon Magistrates’ Courts, saying he would only challenge the constitutionality of the relevant ordinance and would plead guilty if it were ruled constitutional. The prosecution applied to adjourn the case to prepare for the legal challenge, but Magistrate CHAN Wai-mun rejected the application and set the trial for 1 December.
廉政公署去年12月拘捕多人,涉於2021年立法會選舉期間,在Facebook轉載前民主黨議員許智峯一個煽惑他人投白票的貼文。廉署落案起訴前中大學生會會長蘇浚鋒,控告他違反《選舉條例》。蘇浚鋒今早在西九龍裁判法院否認控罪,表明只爭議有關條例的合憲性,若條例被裁定合憲,他將會認罪。控方一度申請再押後案件來準備法律爭議,惟裁判官陳慧敏拒絕,定於12月1日開審。
9 Sept 2022法庭線#2446
噴清潔劑襲親建制示威者罪成 判囚 6 月 2 周 劉家衡前助理提上訴遭駁回
The male assistant, dissatisfied with his conviction and sentence, appealed to the High Court. Judge Lai Wan-ki handed down her judgment on Friday (the 9th), dismissing all the applications. She considered that the appellant had received a higher education and was also an employee at a district councillor’s office, and should therefore have had a greater understanding of the importance of obeying the law. He “should not have taken the initiative to assault unarmed members of the public”. She also said the case was serious and the sentence was not excessive.
男助理不服定罪及判刑向高院提上訴,法官黎婉姫周五(9 日)頒下判詞,駁回所有申請。她認為上訴人受過高等教育,亦是區議員辦事處的職員,更應理解奉公守法的重要性,「不應主動對手無寸鐵的市民,作出襲擊行為」。她又指案情嚴重,刑期並非過重。
7 Sept 2022法庭線#2425
2019 區選參選人沒依時交申報書 高院拒延期、下令繳逾 2.4 萬元訟費
In the 2019 District Council election’s Yue Wan constituency, candidate Kin Nam Woo lost to Tsui Tsz-kin. He was subsequently accused of failing to submit his election return on time. In July the following year, the ICAC wrote to him alleging a breach of the election law. Ho applied to the court two months later for an order allowing him to file the return late. High Court judge Keith Kar Hung Yeung handed down a judgment on Wednesday (the 7th), refusing to grant Ho a waiver and ordering him to pay more than $24,000 in costs within three months.
2019 年區議會選舉漁灣選區,參選人胡健南敗給徐子見。他事後被指沒依時繳交選舉申報,翌年 7 月被廉署發信指涉違選舉條例,胡兩個月後向法庭申請命令,容許他延時提交申報。高等法院法官楊家雄周三(7 日)頒下判詞,拒為胡作出寬免,並下令他 3 個月內支付逾 2.4 萬元訟費。
Translations are supplied by the source workbook. Consult the original reporting for context.