Search the archive

Convicted over vehicle-licence-plate checks while reporting on 7.21 attack; Choy Yuk Ling, Bao appeals at High Court, ruling due by end of November

採訪 7.21 襲擊查車牌罪成　蔡玉玲高院提上訴　官 11 月底前頒裁決

Former RTHK 《Hong Kong Connection》 producer-director Choy Yuk Ling, Bao was convicted in 2021 on two counts of “making false statements” after checking vehicle licence plates while reporting on the Yuen Long 7.21 attack. Choi appealed against the convictions, and the case was heard at the High Court on Monday (29th). After hearing submissions from both sides, Judge Li Wan-tang said he would deliver a written judgment within three months. The appeal raised four disputed issues, including the argument that Choi suspected the vehicles were involved in transporting weapons and had been used as instruments of crime. As this concerned the purpose of the vehicles travelling on roads, the vehicle searches were related to traffic, and there was reasonable cause to confirm the vehicle owners’ identities; therefore, the statements were not false. The Department of Justice said the wording of the Transport Department form was clear, and that the stated purpose of “news reporting” was “clearly not” a matter related to traffic and transport.

港台《鏗鏘集》前編導蔡玉玲，因採訪元朗 7.21 襲擊查車牌，2021 年被裁定兩項「虛假陳述」罪罪成。蔡不服定罪提出上訴，案件周一（29 日）在高等法院審理。法官李運騰聽畢雙方陳詞後，將於 3 個月內頒下書面判詞。 上訴方提出 4 項爭議，包括指蔡因懷疑涉案車輛運武器，被用作犯罪工具，涉及車輛在道路上行駛的用途，所以查冊與交通有關，亦有合理原因確認車主身份，故非虛假陳述。律政司則指運輸署表格字眼清晰，指新聞報道用途「明顯不屬於交通與運輸有關」的事宜。

Hong Kong Alliance data refusal case | Chow Hang-tung says prosecution documents remain heavily redacted

支聯會拒交資料案｜鄒幸彤批控方文件仍有大量內容塗黑

After a closed-door one-to-one ex parte hearing between the prosecution and Chief Magistrate Law Tak-chuen in recent days, the magistrate ordered the prosecution to re-disclose some information to the defence. However, when Hong Kong Alliance former vice-chair Chow Hang-tung appeared in person this morning (29th), she questioned why large portions of the prosecution’s re-disclosed documents were still redacted. “I only received many pages of black ink,” she said, criticising the fact that the trial had not become fairer as a result of the re-disclosure.

日前經控方與主任裁判官羅德泉進行一對一閉門聆訊（ex-parte hearing）後，裁判官下令控方須向辯方重新披露部分資料。不過支聯會前副主席鄒幸彤今早（29 日）親自應訊時質疑，控方重新披露後的文件仍有大量內容被塗黑，「我只收到很多頁的黑色墨水」，批評審訊未有因重新披露變得公平。

Man in His Sixties Summoned Over Playing “Glory to Hong Kong” on Erhu; Magistrate Reviews Ruling and Finds Prima Facie Case

六旬翁二胡奏《願榮光》遭票控　原獲裁表證不成立　官自行覆核改裁成立

The defendant was ruled four days ago to have no case to answer, but Acting Magistrate Tam Lai-fung immediately reviewed the decision. At a hearing today (26th) at West Kowloon Magistrates’ Courts, the magistrate set aside the decision that the defendant did not need to enter a defence and ruled that a prima facie case had been established. The defendant must now enter a defence. An earlier award of HK$500 in costs to the defendant was also revoked. The case was adjourned to 2 September for continuation. The defendant stressed that he had gone to Police Headquarters to apply for a performance permit but was unsuccessful.

被告4日前被裁定表證不成立，惟隨即遭暫委裁判官談立豐自我覆核裁決，今（26日）在西九龍裁判法院聆訊。談官撤銷被告毋須答辯的決定，並裁定本案表證成立，被告需要答辯。而早前批出予被告的5百元訟費獲撤銷，案件押後至9月2日續審。被告強調自己曾到警總申請表演許可證不果

Welfare worker admits inciting blank votes by reposting Ted Hui post; jailed for two months, suspended for 18 months

福利工作員涉轉發許智峯帖文　認煽惑投白票罪　判囚兩個月緩刑一年半

The former president of the Chinese University Students’ Union So Tsun-fung and a 58-year-old welfare worker were accused of reposting online in 2021 a post by former Legislative Council member Ted Hui advocating blank votes in that year’s Legislative Council general election. They had earlier been charged with violating the Elections (Corrupt and Illegal Conduct) Ordinance. The welfare worker pleaded guilty at West Kowloon Magistrates’ Courts on Friday (26).

中大學生會前會長蘇浚鋒及 58 歲福利工作員，被指 2021 年在網上轉載前立法會議員許智峯，倡於同年立法會換屆選舉投白票的帖文，早前被起訴違反《選舉(舞弊及非法行為)條例》。福利工作員周五（26 日）在西九龍裁判法院承認控罪。

Technician accused of using fake LeaveHomeSafe app to enter arcade allowed to bind over, says he feared government tracking

被指用假「安心出行」入機舖　技術員獲准簽保守行為　警誡稱擔心被政府追蹤

A 35-year-old technician was accused of using a fake LeaveHomeSafe app in November 2021 to enter an arcade in Kwun Tong Plaza. He was charged with one count of wilfully supplying false information with intent to mislead a police officer. The case was mentioned again at Kwun Tong Magistrates’ Courts on Friday (26th). The prosecution agreed to withdraw the charge and deal with the case by way of a bind-over order. Magistrate Lam Tsz-kan then ordered the defendant to enter a HK$2,000 recognisance to keep the peace and be of good behaviour for two years. According to the facts of the case, the defendant said under caution that he had used the fake app because he feared the government would track his personal data.

35 歲技術員被指 2021 年 11 月使用假「安心出行」應用程式，進入觀塘廣場的遊戲機中心，被控一項「有意圖而提供虛假資料企圖誤導警員罪」，案件周五（ 26 日）在觀塘裁判法院再訊。 控方同意撤銷控罪，以簽保守行為方式處理本案。裁判官林子勤隨即下令，被告自簽 2000 元、守行為 2 年。根據案情，被告在警誡下解釋，因擔心被政府追蹤個人資料，才使用虛假的應用程式。

Former Sham Shui Po district councillor Ho Kai-ming withdraws remarks and apologises to TVB

民協前深水埗區議員何啟明，在2020年批評無綫電視，暫停播放港台節目的決定是政治打壓。無綫其後入稟高等法院，指何啟明發表誹謗言論，有損公司中立和專業形象。何啟明今日撤回言論，及向無綫道歉。

In 2020, Ho Kai-ming, a former Sham Shui Po district councillor from the Association for Democracy and People’s Livelihood, criticised TVB, saying its decision to suspend broadcasts of RTHK programmes was political suppression. TVB subsequently filed a case with the High Court, alleging that Ho had made defamatory remarks that damaged the company’s image of neutrality and professionalism. Ho withdrew the remarks and apologised to TVB today.

8.31 Two Years On | Head of online outlet Dan Dan Club admits two offences

8.31 兩年｜網媒「蛋蛋俱樂部」台長認阻差辦公等兩罪

On the second anniversary of the “8.31” incident at Prince Edward MTR station in 2021, the head of online media outlet Dan Dan Club was accused of shouting at police while livestreaming on a footpath outside the station. He was charged with obstructing a public officer and public nuisance. The case was originally scheduled to go to trial at West Kowloon Court on Thursday (the 25th). Before the trial began, the defendant changed his plea to guilty and made a personal mitigation plea, saying that he suffered from hyperthyroidism and other illnesses, had lost more than 50 pounds and was in poor health. He also said he wished to accompany his grandfather in his 80s, with whom he lived, and hoped to receive a non-custodial sentence.

2021 年港鐵太子站「8.31」事件兩周年，網媒「蛋蛋俱樂部」台長在太子站外行人路直播時，被指向警方叫囂，被控阻礙公職人員及公眾妨擾兩罪。案件原訂周四（25 日）在西九龍法院開審。被告於開審前改為認罪，並親自求情表示患甲狀腺亢進等病，消瘦超過 50 磅，健康惡劣，並欲陪伴同住八旬外公，望獲判非監禁式刑罰。

Hong Kong Alliance information refusal case｜Prosecution plans to disclose fewer than 20 further items; judge says police had planned to require four organisations to provide information

支聯會拒交資料案｜控方擬再披露少於 20 項資料　官透露警曾擬要求 4 組織交資料

Chief Magistrate Lo Tak-chuen revealed that the relevant National Security Department application documents were intended for issuing notices to four organisations, including the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. The prosecution also confirmed that the National Security Department’s investigation report on the Alliance had not been given to the secretary and director, but said the application documents “to some extent summarised the report’s findings”. It also said it intended to disclose fewer than 20 further items of information to the defence. The case will continue next Monday (29th).

主任裁判官羅德泉透露，國安處相關申請文件是擬向支聯會等 4 個組織發出通知書。控方又確認，國安處針對支聯會的調查報告，並無交予局長和處長，但指申請文件「某程度上總結了報告結果」，又指擬進一步向辯方披露少於 20 項資料。案件下周一（29 日）續審。

Jimmy Sham’s Appeal Against Rejection of Judicial Review on Overseas Same-Sex Marriage Dismissed; Court of Appeal Says Recognition Would Contravene Basic Law’s Legislative Intent

岑子杰海外同性婚姻司法覆核上訴被駁回　上訴庭：若認可將違《基本法》立法原意

Jimmy Sham, a member of Rainbow Action and former convenor of the Civil Human Rights Front, lost a judicial review challenge over Hong Kong law’s non-recognition of same-sex marriages conducted overseas. Sham filed an appeal in July 2022, arguing that recognising only heterosexual marriages amounted to differential treatment, constituting discrimination and violating the right to equality. The Court of Appeal dismissed the appeal on Wednesday (24th), upholding the original ruling and ordering Sham to pay the legal costs.

「彩虹行動」成員、前民陣召集人岑子杰，就香港法律不承認海外同性婚姻提司法覆核敗訴。岑 2022 年 7 月提出上訴，質疑若法律只認可異性婚姻，屬於差別待遇，構成歧視、違反平等權。上訴庭周三（24 日）駁回，維持原判，並下令岑須支付訟費。

Man in His Sixties Ticketed for Playing “Glory to Hong Kong” on Erhu; No Case to Answer and Awarded Costs

六旬翁二胡奏《願榮光》遭票控　表證不成立兼得訟費

In April 2022, a man in his sixties was accused of playing “Glory to Hong Kong” on an erhu on a footpath in Tung Chung. He was charged with “playing a musical instrument without a permit”. The case went to trial at the West Kowloon Magistrates’ Courts on Monday (22nd). Acting Magistrate Tam Lap-fung ruled that there was no case to answer, and the defendant was awarded $500 in costs.

2022 年 4 月，六旬翁被指在東涌行人路，以二胡演奏《願榮光歸香港》，被票控「沒有許可證而奏玩樂器」，案件周一（22 日）在西九龍裁判法院開審。暫委裁判官談立豐裁定被告表證不成立，毋須答辯，兼得 500 元訟費。