6 Jun 2022明報#2056
少年藏雷射筆罪脫入稟索償 律政司申剔除案件
Pang Yuk-him, who was 17 when he possessed a laser pointer in Mong Kok during the “three strikes” on 11 November 2019, conducted his own defence at a six-day trial last year and was acquitted of one count of possessing an instrument for an unlawful purpose. He earlier filed a claim in the District Court seeking HK$520,000 from the Department of Justice, alleging that the prosecutor in charge had not provided two police statements, causing him to suffer loss.
涉2019年11月11日「大三罷」在旺角管有雷射筆的17歲少年彭裕謙,去年自辯完成6日審訊,獲裁定一項管有工具作非法用途罪名不成立。他早前入稟區域法院向律政司索償52萬,指案件主管未曾提供兩份警員口供,令他蒙受損失。
1 Jun 2022明報#2049
女子沒打針未獲聘 司法覆核挑戰疫苗通行證遭拒 官反駁:享有選擇職業的自由
The High Court refused to hear a judicial review challenging the Vaccine Pass after an unvaccinated woman was not hired. The judge countered that she enjoyed the freedom to choose her occupation.
高院拒受理疫苗通行證司法覆核 女子沒打針未獲聘 司法覆核挑戰疫苗通行證遭拒 官反駁:享有選擇職業的自由
30 May 2022明報#2044
演藝學院男生黃大仙紀律部隊宿舍外淋熄催淚彈 暴動罪成囚2年4個月
During the anti-extradition bill protests in 2019, when netizens called for a three-strike action, a second-year male student at the Hong Kong Academy for Performing Arts was accused of rioting in Wong Tai Sin and possessing a tear gas canister shell. He admitted one count of rioting at the District Court today (30th), while a separate charge of possessing ammunition without a licence was ordered to lie on file. The judge said the defendant’s use of water to extinguish the tear gas canister and a container to cover it was more active than merely being at the scene, encouraged others and escalated the riot. Taking into account pleas for mitigation from the defendant’s teachers, the judge accepted that he had good character and talent, and sentenced him to 2 years and 4 months’ imprisonment after a reduction.
2019年有網民發起大三罷反修例,一名演藝學院二年級男生涉在黃大仙暴動,並藏有催淚彈殼。他今(30日)在區院承認一項暴動罪,另一項無牌管有彈藥罪則獲准存檔法庭。法官指,被告用水淋熄及以器皿蓋着催淚彈,較純粹身處現場的作為更積極,具鼓勵他人作用,令暴動升溫。法官考慮到學院老師為被告求情,接納他有良好品格和才華,減刑後判囚2年4個月。
26 May 2022獨媒#2030
社民連街站籌款遭票控 4人認罪判罰款 陳寶瑩透露另有3張同類傳票待處理
League of Social Democrats chairwoman Chan Po-ying, members Christina Yuen Ching Tang and Lau Fuk-lai, and volunteer Shu Wing Chow were accused of fundraising without a licence while operating a street booth outside Sha Tin MTR Station last June. The four appeared at Sha Tin Magistrates’ Courts today (26th) and all pleaded guilty to “fundraising in a public place without a permit”. Acting Chief Magistrate Chi Wai (1965) Cheung took into account that the booth was peaceful and that passers-by were not induced to donate. Chan Po-ying was ultimately fined HK$1,200, while the other three were each fined HK$800.
社民連主席陳寶瑩、成員唐婉清、劉伏櫪及義工周樹榮被指於去年6月,在沙田港鐵站外擺街站期間無牌進行籌款,各人被票控「沒有許可證在公眾地方籌款」,今(26日)於沙田裁判法院應訊,四人皆認罪。署理主任裁判官張志偉考慮到街站和平,未有誘使行人捐款,最終判陳寶瑩罰款1,200元,另外3人則各被罰款800元。
25 May 2022獨媒#2026
阿布泰創辦人林景楠選舉廣告違例 入稟申免除刑罰獲批
AbouThai lifestyle goods founder Mike Lam King-nam, who was charged with conspiracy to subvert state power in connection with the primary election case, was accused of failing to comply with election laws when standing for election to the Legislative Council two years ago by not displaying the printer’s particulars in election advertisements and failing to retain copies of the advertisements. Mike Lam King-nam filed an application with the High Court last year for relief from the penalty, explaining that the breaches were due to negligence and a lack of election experience. The High Court handed down its judgment today, agreeing that Mike Lam King-nam had not acted maliciously and that no election-expense irregularities were involved, and granted the application.
涉初選案被控串謀顛覆國家政權的阿布泰生活百貨創辦人林景楠,前年參選立法會時,被指未遵從選舉法例,無在選舉廣告中顯示印刷人的資料,以及備存選舉廣告文本。林景楠去年入稟高院申請免除刑罰,解釋指是因為疏忽及欠選舉經驗。高院今頒下判辭,認同林景楠非出於惡意,亦無涉及選舉開支錯誤,批准其申請。
24 May 2022獨媒#2021
612基金信託人及秘書被票控未註冊社團 今早上庭提堂
The five trustees of the now-defunct 612 Humanitarian Relief Fund—Cardinal Joseph Zen Ze-kiun, emeritus bishop of the Catholic Diocese of Hong Kong; barrister Margaret Ng; Hui Po-keung, a former adjunct associate professor in the Department of Cultural Studies at Lingnan University; singer Denise Ho; and former Legislative Council member Cyd Ho, who is serving a prison sentence in another case—were earlier arrested by the National Security Department on suspicion of committing the offence of conspiracy to collude with a foreign country or external elements to endanger national security. They were granted bail pending investigation.
They and the fund’s former secretary Sze Ching-wee were also accused of failing to comply with the Societies Ordinance by registering the fund, and were summonsed for the offence of failing to apply for registration or exemption from registration of a society within the specified period. They appeared at the West Kowloon Magistrates’ Courts this morning (23rd).
已停止運作的「612人道支援基金」5名信託人,包括天主教香港教區榮休主教陳日君樞機、大律師吳靄儀、前嶺南大學文化研究系客席副教授許寶強、歌手何韻詩及因另案正在服刑的前立法會議員何秀蘭,早前遭國安處拘捕,指他們涉嫌干犯「串謀勾結外國勢力或者境外勢力危害國家安全」罪,獲准保釋候查。
他們與前基金秘書施城威另被指沒有遵循《社團條例》要求,為基金作出註冊,另遭票控「沒有在指明時限內申請註冊或豁免註冊社團」,今早(23日)於西九龍裁判法院提堂。
24 May 2022獨媒#2022
警拘一男涉於家中自製炸藥 兩同住家人同被捕
Police yesterday arrested a 31-year-old man at a public housing flat in Wong Tai Sin on suspicion of “inciting others with intent to cause serious bodily harm” and “manufacturing explosives”. Police said the man had posted inciting remarks online, including “all police should die” and “settle accounts with judges”. A room in the flat was filled with chemicals, resembling a “small chemical laboratory”. His two family members who lived with him were also arrested and will be investigated over their roles in the incident.
警方昨日於黃大仙一公屋單位拘捕一名31歲男子,涉嫌「煽惑他人意圖造成身體嚴重傷害」及「製造爆炸品」。警方稱該男子曾於網上發表「警察死清光」及「找法官算帳」的煽惑言論,以及屋內一間房間滿佈化學品,儼如「小型化學實驗室」,其兩名同住家人亦被拘捕,將被調查在事件當中的角色。
24 May 2022獨媒#2023
環境督察宣誓簽「天日昭昭」司法覆核申請被拒
A senior environmental protection inspector signed the four characters “Heaven sees clearly” when signing a declaration to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region last year. He was regarded as having refused to sign and was ordered to take early retirement. He filed for judicial review seeking to overturn the decision. Foreign judge Ko Ho-man handed down his judgment today, finding the application wholly without merit and refusing it. The judge said “Heaven sees clearly” was a well-known phrase, the last words of Song dynasty general Yue Fei before his execution, and was a slogan rather than a signature. He also criticised more than 29 memos and documents submitted by the environmental inspector as a pile of lengthy, repetitive and archaic language and legal jargon—almost an impenetrable jungle of words. He quipped that if civil servants could keep their jobs while working in this way, it might help accelerate calls for civil service reform.
一名高級環境保護督察去年在簽署聲明擁護《基本法》和效忠特區時,簽上「天日昭昭」四字,被視為拒簽兼被勒令提早退休。他入稟申請司法覆核要求推翻決定,外籍法官高浩文今判下判詞,認為全無理據,拒絕申請。法官表示「天日昭昭」一詞為人熟知,是宋朝將軍岳飛被斬首前的遺言,是一句口號而非簽名。法官又批評環保督察逾29份便箋和文件,全是一堆冗長、重覆而古老的語言和法律用語,幾乎是一堆無法穿越的文字叢林。他謔稱若公務員這樣工作仍可保住飯碗,或者可以加快公務員改革的呼聲。
23 May 2022獨媒#2017
涉提及警察打人「軍火佬」擾亂秩序罪成囚一個月
On National Security Education Day in April last year, online media reporter Wilfred Ka Fai Woo, who calls himself “Arms Dealer”, allegedly swore at police using foul language and mentioned police beating people at a street booth operated by the now-disbanded “Sageism”. He was charged with three offences, including disorderly conduct in a public place. After trial, the case was adjudicated today (23rd) at West Kowloon Magistrates’ Courts. The defendant was convicted of disorderly conduct in a public place and sentenced to one month in prison, while the two charges of obstructing a police officer in the execution of duty and refusing to obey a police officer were not established. Magistrate Cheng Nim-chi said the defendant’s repeated references to police beating people would inevitably remind onlookers of improper conduct by police officers, causing them to hate the officers and potentially leading to physical clashes and the use of force. Regarding the unsuccessful obstruction charge, Magistrate Cheng said the police officer’s explanation was far-fetched and therefore declined to accept it.
去年4月「國家安全教育日」,自稱「軍火佬」的網媒記者胡家輝,涉在已解散的「賢學思政」街站以粗口罵警,並提及警察打人,他被控公眾地方擾亂秩序等3罪。經審訊後,今(23日)在西九龍裁判法院裁決。被告被裁定公眾地方擾亂秩序罪成立,判囚一個月;而阻差辦公及拒絕服從警員共兩罪不成立。裁判官鄭念慈指,被告不斷提及警方打人,必然會勾起圍觀人群記起警員的不當行為,繼而仇視警員,甚至發生肢體碰撞及使用武力。另外就不成立的阻差罪,鄭官指警員解釋牽強故拒絕接納。
23 May 2022獨媒#2019
涉WhatsApp群組籲殺警 3男事隔逾兩年半遭起訴 將轉介區院
Three men were charged, more than two and a half years later, with two counts of inciting another person to act with intent to cause someone grievous bodily harm, in connection with calls made in a WhatsApp group in October 2019 to kill or injure police officers and their family members. They appeared at the Eastern Magistrates’ Court today (23rd). The prosecution applied to adjourn the case until July 4 to prepare documents for its transfer to the District Court. Magistrate Yip Kai-leung granted the application, and all the defendants were granted bail during the adjournment.
3名男子涉於2019年10月,在 WhatsApp 群組籲殺害或傷害警員及其家屬,事隔兩年半被起訴兩項煽惑他人有意圖而導致有人身體受嚴重傷害罪,今(23日)於東區法院提堂。控方申請將案件押後至7月4日,以待準備轉介往區域法院的文件,獲裁判官葉啟亮批准,期間眾被告獲准保釋。
Translations are supplied by the source workbook. Consult the original reporting for context.