17 Apr 2025法庭線#6704
市民稱到警署投訴警察時被打、求醫證實腦出血 向警務處長索償120萬元
A citizen filed a claim at the District Court on Wednesday (the 16th) against the Commissioner of Police, alleging that on the evening of 6 April this year, he went to the report room of Mong Kok Police Station to complain about police officers’ discourtesy during enforcement action, but was instead arrested by police officers on suspicion of criminal intimidation and other offences. He further alleges that police officers used excessive force against him, including striking the back of his head, causing his hat to fly off and making him dizzy. He was taken to hospital, where he was found to have suffered a brain haemorrhage.
The citizen considers that the police officers involved breached human rights law, and that the Commissioner of Police owed him duties of care and vicarious responsibility. He is seeking HK$1.2 million in compensation from the department. The Judiciary has not yet listed a hearing date.
Police said they would not comment because the case had entered judicial proceedings.
一名市民周三(16 日)入稟區院控告警務處長,指自己在今年 4 月 6 日晚上,就警方執法時對他不禮貌,而赴旺角警署報案室投訴時,反被警務人員指他涉刑事恐嚇等罪名予以拘捕,再被警務人員使用不當武力,包括拍打其後腦致其帽子飛脫、頭暈,送院後證實腦出血。
該市民認為涉事警務人員有違人權法,警務處長對此有謹慎及轉承責任,要求處方向他賠償 120 萬元。司法機構暫未顯示聆訊日期。
警方回覆指,由於案件已進入司法程序,警方不作評論。
26 Feb 2025法庭線#4570
WhatsApp群組煽惑殺警罪成囚22月 男子申保釋候上訴 高院即日拒絕
Three men were accused of making statements in a WhatsApp group in October 2019 threatening to kill police officers and their family members. After trial, they were convicted on two counts of inciting wounding with intent and each sentenced to 22 months in prison. One of the defendants applied in the High Court on Wednesday (26th) for bail pending an appeal, but the application was rejected the same day.
In her judgment, Court of Appeal judge Pang Min-ki quoted the defendant as saying that the Correctional Services Department had indicated he could be released as early as June this year, while the hearing of his appeal against sentence was scheduled for May. If he ultimately succeeded in his appeal, he might otherwise serve more time than his sentence, and he cited the University of Hong Kong Students’ Union Council’s “Kinson Cheung King-sang case” to argue that his appeal against sentence had a reasonable prospect of success.
The judge disagreed, saying that the trial court had already considered factors including the dissemination power of a private WhatsApp group, and did not consider that the appeal had a reasonable prospect of success. She also said that the present case could not be compared with the “Kinson Cheung King-sang case”. The judge added that the messages in question were bloody and brutal, inciting violence against police officers and their family members, and described them as “indiscriminate and without limits”.
3 名男子被指 2019 年 10 月,在 WhatsApp 群組揚言殺害警員及其家屬,經審訊後被裁定兩項「煽惑有意圖而傷人」罪成,各囚 22 個月。其中一被告周三(26 日)在高院申請保釋等候上訴,被即日駁回。
上訴庭法官潘敏琦在判詞引述該被告稱,懲教署指他最早今年 6 月可獲釋,但上訴刑期聆訊定在 5 月,若他最後上訴得直,屆時或會多服刑期,並引港大學生會評議會的「張敬生案」指其刑期上訴有合理成功機會。
官反駁指,原審已考慮了私人 WhatsApp 群組傳播力等因素,不認為上訴有合理成功機會,又指本案和「張敬生案」不可比較。官並指,涉案訊息血腥及殘暴,煽惑對警員和家人作暴力行為,形容是「無差別和無底線的」。
3 Jan 2025明報#4384
獨立書展參觀者遭截查 警:伙食環打擊阻街
More than 20 publishers have held community reading activities since last week at the former site of Mount Zero Books on Tai Ping Shan Street in Sheung Wan and at nearby shops. Uniformed police officers patrolled and stopped people nearby throughout the seven-day event. On Monday (December 30 last year), officers entered a shop, warned that objects were obstructing the street and recorded the identity card details of a volunteer minding the shop. FEHD and the Electrical and Mechanical Services Department also visited the site.
Yesterday, the final day of the event, a reporter observed the area at around noon. A number of people who had visited the bookshops were stopped after leaving and asked to produce their identity cards, including former Hong Kong Journalists Association chairperson Chris Kin Hing Yeung. The reporter was also asked to produce an identity card after raising a camera to take photographs.
The police said they had conducted a joint operation with FEHD in Central since late December to combat shops illegally extending their operating areas. FEHD said no relevant situation had been found during the operation. The Electrical and Mechanical Services Department said it had received a report through the 1823 hotline and inspected an electricity box at the bookshop on Tuesday (December 31), finding no problems.
The police did not provide the total number of people stopped and searched near No. 6 Tai Ping Shan Street on successive days, or the reasons. Under Section 54 of the Police Force Ordinance, police officers may stop and search a person whose conduct is suspicious or where there are reasonable grounds to suspect that the person has committed or is about to commit an offence.
20多間出版社上周起在上環太平山街見山書店原址及附近店舖舉辦社區閱讀活動,7日期間都有軍裝警員附近巡邏及截查,周一(去年12月30日)有警員進店警告有物件阻街及抄下看店義工身分證,另食環署及機電署人員也曾到場。
食環指行動中未發現
昨日為活動最後一天,本報記者約中午到場觀察,不少到訪書店市民離開後被截查及要求出示身分證,包括記協前主席楊健興。記者舉起相機拍攝,也被要求出示身分證。
警方回覆本報說,警方與食環署自12月下旬於中區採取聯合行動,打擊店舖非法擴展營業範圍。食環署稱,行動中未有發現相關情况。機電署回覆,收到市民經1823熱線舉報,周二(31日)到書店檢查電箱,無發現任何問題。
機電署稱接舉報 無發現問題
至於連日在太平山街6號附近截停搜查的總人次及原因,警方則未有提供資料。根據《警隊條例》第54條,警務人員可在任何人行動可疑或有合理懷疑已經或即將干犯任何罪行,可截停搜查。
23 Nov 2024Now#4281
首10個月錄59宗太空油案 警方研引入「試紙」測試可疑人士
Commissioner of Police Chris Tang said 59 cases involving space oil were recorded in the first 10 months of this year, and that police would study introducing test strips for officers to test suspected persons on the spot during patrols.
警務處處長蕭澤頤指,今年首10個月錄得59宗涉及太空油的案件,會研究引入「試紙」,警員巡邏時即場測試可疑人士。
19 Nov 2024法庭線#4248
黎智英案|黎周三作供 有市民輪候「47人案」後再排隊 警近距離看守排隊
The trial of Apple Daily founder Jimmy Lai, who is charged with offences including conspiracy to collude with foreign forces, will resume at the West Kowloon Magistrates’ Courts (temporarily acting as the High Court) on Wednesday (20th), with Lai expected to testify. The Judiciary announced on Tuesday (19th) that 70 seats in the main courtroom would be allocated to members of the public in the “Jimmy Lai case”, with a further 309 seats in an extension courtroom. On the same morning, after sentencing in the “47-person primary election case”, members of the public immediately returned to queue outside the court for seats to observe the Apple Daily case the following day. By the afternoon, about 50 people were queuing.
In the evening, police sent officers to form a line and observe the spectators face-to-face at close range. Members of the public in the queue said that some people tried to leave the queue in the evening to show support and see off a prison van, after which police immediately deployed several officers to monitor the entire viewing queue face-to-face. Reporters observed that at the peak, each officer guarded the queue from a distance of less than one metre, while some officers also watched what books people in the queue were reading. Some people queuing questioned whether police were trying to issue a warning, but said they were not worried: “If you’re worried, go home.”
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」等罪案件,案件周三(20 日)將於西九龍裁判法院(暫代高等法院)續審,預料黎智英將出庭作供。司法機構周二(19 日)公布,「黎智英案」的正庭將安排 70 個座位予公眾人士,另有 309 個延伸庭座位。同日早上,於「初選47人案」判刑後,隨即有市民再到法院外,輪候明日蘋果案的旁聽席位。至下午已有約 50 人排隊。
警方則在傍晚派員,排成一列隊伍,近距離面對面觀察旁聽人士。據現場旁聽隊伍內的市民指,傍晚有排隊中的市民嘗試離開隊伍,聲援、送別囚車,警方隨即派出多名警員,面對面監視整條旁聽隊伍。記者現場觀察,最高峰時,每名警員各自以相隔不足一米看守隊伍,亦有警員觀察排隊市民正閱讀甚麼書本。有排隊市民質疑警方欲施「下馬威」,但表示不擔心,「如果擔心就返屋企啦」。
11 Nov 2024法庭線#4223
6.9金鐘|社工早前認襲警囚4月 受襲警向被告索償 官下令賠44.6萬元
After a million-person anti-extradition bill protest on June 9, 2019, large numbers of protesters gathered outside the Legislative Council protest area until the early hours of the following day. The 33-year-old social worker was alleged to have taken part in beating a police officer. He earlier pleaded guilty to unlawful assembly and assaulting a police officer, and was sentenced to four months in prison. The assaulted officer earlier filed a claim in the District Court seeking at least HK$200,000 from the social worker for his injuries and losses. Judge Phillis Lai Ping Loh handed down the judgment on Monday (the 11th), ordering the social worker to pay the male police officer HK$446,000 in compensation.
The judgment said that, in addition to the officer subsequently experiencing problems including headaches, nausea and anxiety, it accepted the police’s contention that the officer had been “brutally” assaulted by a group of protesters. The protesters’ blatant and malicious attack aggravated his emotional injury. As a law enforcement officer, being attacked while carrying out his duties was “a high degree of contempt and humiliation”. The judge ordered HK$100,000 in compensation for the plaintiff’s emotional injury.
2019 年 6 月 9 日百萬人反修例遊行後,大批示威者在立法會示威區外聚集至翌日凌晨。33 歲社工被指有份圍毆警員,早前承認非法集結及襲警罪,判監 4 個月。受襲警早前入稟區域法院,就其傷勢和損失向社工索償至少 20 萬元。法官羅麗萍周一(11 日)頒下判詞,下令社工向男警賠償 44.6 萬元。
判詞指,除了警員事後感頭痛、噁心、焦慮等問題外,亦接納警方一指,警員遭一群示威者「野蠻」地施襲,示威者明目張膽、惡意的襲擊,加重其情感傷害。警員作為執法者,在執行職務時受攻擊,「是一種高度的蔑視和羞辱」,官其中就原告的情感傷害,下令賠償 10 萬元。
24 Oct 2024法庭線#4175
通州街公園露宿者案 意圖妨礙司法公正罪成男警梁飛鵬提上訴 累計3警提上訴
Eight police officers were charged with assaulting homeless people, smashing their belongings and falsely accusing them of possessing drugs while on duty in February 2020, when they carried out two anti-drug operations at Tong Chau Street Park. Six of them—Sergeant Lam Wah-ka and officers Leung Fei-pang, Pong Chun See, Mok Chi-shing, Wan Pak-sze and Chan Sau-yip—were convicted of intending to pervert the course of justice. After the two convicted officers Pong Chun See and Wan Pak-sze filed appeals against their convictions and sentences last Friday (18th), the day after sentencing, another officer, Leung Fei-pang, has also filed an appeal.
Of the three officers who filed appeals, Leung Fei-pang and Pong Chun See were sentenced to two years and one month in prison, while Wan Pak-sze was sentenced to three years and one month. The Judiciary website shows that Leung and Pong Chun See will apply for bail pending appeal at a hearing on 7 November 2024, which is expected to last 15 minutes.
8 名警員被控於 2020 年 2 月執勸期間,即兩度進行反毒品行動掃蕩通州街公園時,對露宿者施襲、砸爛家當、誣衊藏毒;當中 6 人即警長林華嘉,警員梁飛鵬、龐雋詩、莫志成、尹栢詩、陳守業被裁定意圖妨礙司法公正罪成。繼兩名罪成警員龐雋詩、尹栢詩於上周五(18 日),即判刑翌日提出定罪及判刑上訴後,再有一名警員梁飛鵬提上訴。
3 名提上訴的警員,梁飛鵬及龐雋詩被判囚 2 年 1 個月,尹栢詩則被判囚 3 年 1 個月。司法機構網頁顯示,梁及龐將在 2024 年 11 月 7 日,就上訴期間申請保釋聆訊,料需時 15 分鐘。
23 Oct 2024法庭線#4169
通州街公園露宿者案 罪成警員龐雋詩、尹栢詩 判刑翌日即提上訴
Eight police officers were charged with assaulting homeless people, smashing their belongings and falsely accusing them of possessing drugs while on duty in February 2020, when they carried out two anti-drug operations at Tongzhou Street Park. Six of them—Police Sergeant Lam Wah-ka, and police officers Leung Fei-pang, Pong Chun See, Mo Chi-shing, Wan Pak-sze and Chan Sau-yip—were found guilty of attempting to pervert the course of justice.
High Court records show that the two convicted officers, Pong Chun See and Wan Pak-sze, lodged appeals against their convictions and sentences last Friday (the 18th), the day after they were sentenced. They were sentenced to 2 years and 1 month and 3 years and 1 month in prison, respectively. Judiciary website information shows that Pang will appear on November 7 this year for a hearing on an application for bail pending appeal, which is expected to last 15 minutes.
8 名警員被控於 2020 年 2 月執勸期間,即兩度進行反毒品行動掃蕩通州街公園時,對露宿者施襲、砸爛家當、誣衊藏毒;當中 6 人即警長林華嘉,警員梁飛鵬、龐雋詩、莫志成、尹栢詩、陳守業被裁定意圖妨礙司法公正罪成。
高等法院資料顯示,兩名罪成警員龐雋詩、尹栢詩於上周五(18 日),即判刑翌日提出定罪及判刑上訴。二人分別被判囚 2 年 1 個月及 3 年 1 個月。司法機構網頁顯示,龐將在今年 11 月 7 日就「上訴期間申請保釋」聆訊,料需時 15 分鐘。
17 Oct 2024法庭線#4155
通州街公園露宿者案 6警罪成判囚2年1個月至3年5個月 警長因最高級加刑半年
Eight police officers were charged with assaulting homeless people, smashing their belongings and falsely accusing them of possessing drugs while on duty in February 2020, when they twice conducted anti-drug operations at Tong Chau Street Park. Six of them—Police Sergeant Lam Wah-ka, officers Leung Fei-pang, Pong Chun See, Mok Chi-shing, Wan Pak-sze and Chan Sau-yip—were convicted of the offence of attempting to pervert the course of justice and were sentenced on Thursday (the 17th) to between 2 years 1 month and 3 years 5 months in prison.
District Court judge Kit Yee (1971) Cheung said the public had certain expectations of and trust in the police force, but the defendants had abused their authority and falsely accused innocent members of the public. Their conduct brought shame on the force and caused the public to lose confidence in its impartiality. The judge stressed that although the charge against the homeless man “Ah Sap” was ultimately withdrawn, it could not be overlooked that the defendants’ false allegation of drug possession meant that “an innocent person was prosecuted and went through unnecessary legal proceedings.”
The judge increased the sentences because the defendants had acted together, while allowing discretionary reductions because they had good backgrounds, had previously served the public in the police force and had experienced pressure while awaiting trial. The police sergeant received an additional six-month sentence because he was the highest-ranking officer at the scene, failed to stop the conduct and participated in it.
8 名警員被控於 2020 年 2 月執勸期間,即兩度進行反毒品行動掃蕩通州街公園時,對露宿者施襲、砸爛家當、誣衊藏毒;當中 6 人即警長林華嘉,警員梁飛鵬、龐雋詩、莫志成、尹栢詩、陳守業被裁定意圖妨礙司法公正罪成,周四(17 日)被判囚 2 年 1 個月至 3 年 5 個月。
區院法官張潔宜指市民對警隊有一定期望和信任,各被告濫用職權,誣告無辜市民,行為令警隊蒙羞,亦令公眾對警隊的公正性失去信心。官強調露宿者「阿十」最終雖獲撤控,但不能忽略被告誣衊藏毒令「無辜的人曾被檢控,經歷不必要的法律程序。」
官因各被告夥同犯案而加刑,另因被告背景良好、過往於警隊服務市民、候審期間的壓力而酌情減刑。警長被告則因是現場職級最高人員,沒阻止更參與其中而被額外加刑 6 個月。
4 Oct 2024法庭線#4120
七一刺警案後連登倡「插小腸」 男子煽惑傷人罪成 官:不能抹煞有人被煽動風險
On the night of the 2021 July 1 police stabbing in Causeway Bay, a 23-year-old renovation worker was accused of posting comments on LIHKG including “fucking stab his father and mother to death” and “next time, the area in the middle of the body where the small intestine is should be stabbed”. He was charged with one count of inciting another to wound with intent. The man denied the charge and was convicted on Friday (4th) at the West Kowloon Magistrates’ Courts, sitting as the District Court.
Acting Judge CHAN Wai-mun said that an atmosphere of hostility towards the police prevailed in society at the time, and July 1 was a sensitive date with a relatively high level of risk. The defendant’s comments had a cumulative effect that strengthened their inciting impact. His suggestion that police officers should be attacked in the more vulnerable small-intestine area left a deep impression, and it could not be ruled out that someone would be incited to commit an offence in the manner he suggested.
Regarding the defendant’s evidence that he was not hostile towards the police while publishing the comment “fucking stab his father and mother to death”, the judge described his testimony as “a big lie”. The judge also said the defendant had turned a blind eye to photographs reflecting what had happened that day, deliberately downplayed the more serious aspects and minimised his remarks about harming police officers. The case was adjourned to November 1 for mitigation and sentencing, and the defendant was remanded in custody.
2021 年銅鑼灣七一刺警案當晚,23 歲裝修工被指在「連登」發布「插撚死佢老豆老母」、「下次應該插身體中間小腸嘅部位」等留言,被控一項「煽惑他人有意圖而傷人」罪。該男子否認控罪,周五(4 日)在西九龍裁判法院(暫代區院)被裁定罪名成立。
暫委法官陳慧敏指,當時社會瀰漫仇警氛圍,加上 7 月 1 日是風險較高的敏感日子,被告的留言產生累積效應,加強煽動效果,其建議傷害警員身體較脆弱的小腸位置,令人留下深刻印象,不能抹煞有人會被煽動以其建議方式犯案。
就被告供稱不仇警,同時發布「插撚死佢老豆老母」留言,法官形容被告的供詞是「一則大謊話」,又指被告對當日反映事實的相片視而不見,故意避重就輕,淡化傷害警員的言論。案件押後至 11 月 1 日求情及判刑,被告須還押。
Translations are supplied by the source workbook. Consult the original reporting for context.