19 Sept 2024光傳媒#4058
深度｜傳媒機構「聯同」警方做民調、出報道 資深傳媒工作者憂削媒體公信力 學者質疑合作模式欠透明度
Sing Tao Daily ran a front-page report on the 16th headlined “Hong Kong faces ambushes on all sides: Nine in 10 respondents have encountered scams”. The newspaper collaborated with the police on a “Hong Kong People’s Anti-Scam Awareness Questionnaire Survey” and published follow-up reports. In addition to the main report on the survey findings, there were two accompanying stories: one interviewing a police clinical psychologist about scammers’ “devious tactics”, and another reporting that the police’s anti-scam app had been downloaded 570,000 times. A media worker who previously worked for the newspaper told Light Media that the collaboration model created a poor impression and conflicted with the media’s role. Li Lap-fung, a professor at the School of Journalism and Communication at The Chinese University of Hong Kong, said the collaboration model lacked transparency: the content relied entirely on information provided by the police, with no interviews presenting other perspectives, raising questions about the media’s independence.
《星島日報》日前（16日）頭條報道「港十面埋『伏』九成受訪市民曾遇『騙』」，該報聯同警方進行「港人防騙意識問卷調查」，並進行跟進報道，除關於調查結果的主稿，另有兩篇配稿，包括訪問警察臨床心理學家解釋騙徒「蠱惑招數」以及警方「防騙APP」57萬次下載量的報道。曾任職該報的傳媒工作者向《光傳媒》表示，這種合作模式令外界觀感不好，跟傳媒角色存在衝突。中文大學新聞與傳播學院教授李立峯分析，報道的合作模式欠缺透明度，內容完全依照警方提供資料、沒有其他角度的訪問，媒體的獨立性受質疑。
13 Sept 2024法庭線#4044
通州街公園露宿者案 6警妨礙司法公正罪成保釋候判 判詞詳述屈藏毒過程
Eight police officers were accused of assaulting homeless people, smashing their belongings and falsely alleging drug possession while on duty in February 2020, when they twice conducted anti-drug operations at Tongzhou Street Park. On Friday (the 13th), District Court judge found Sergeant Lam Wah-ka and five officers—Leung Fei-pang, Pong Chun See, Mok Chi-shing, Wan Pak-sze and Chan Sau-yip—guilty of intending to pervert the course of justice. Lam thanked his family and colleagues for their support outside the court (see video in the full article).
Regarding the conduct of the six convicted officers, the judgment detailed how three officers falsely accused homeless man Lai Man-sap of possessing drugs. It said that when they handcuffed Lai, there was nothing in either of his hands. They later placed a “white object” found in another tent into a black container held by an officer. However, the three officers stated in their notebooks and other records that Lai possessed a black plastic box containing drugs. The judge said the fabrication was necessarily misleading and inevitably tended to pervert the course of justice.
The convicted officers also covered two CCTV cameras in the park. One was related to the search of Lai Man-sap’s tent, while the other was related to the operation to arrest Yuen Man-shan. The judgment said the only reasonable inference was that the officers must have anticipated that members of the team would engage in improper or unlawful conduct, such as fabricating or destroying evidence, and found them guilty. The six will return to court on October 8 for mitigation and sentencing. They remain on bail and are barred from leaving Hong Kong.
As for officer Kwok Chin-sing, who was accused of kicking and punching homeless people and smashing their belongings, and officer Hon Ting-kwong, who watched from the side without preventing the offences, both were found not guilty. Neither applied for costs.
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；警長林華嘉及 5 名警員梁飛鵬、龐雋詩、莫志成、尹栢詩、陳守業周五（13 日）在區院被裁定意圖妨礙司法公正罪成。林華嘉在法院外感謝家人、同事支持（見內文影片）。
就 6 名罪成警員的涉案行為，判詞詳述 3 警員誣衊露宿者黎民十藏毒的過程，指他們將黎鎖上手銬時，黎雙手沒任何東西，但其後他們將另一帳幕搜出的「白色物件」，放入警員手中的黑色容器，而 3 警在記事冊等紀錄卻指黎持有載有毒品的黑色膠盒，官指 3 人捏造必然誤導，亦必然傾向妨礙司法公正。
罪成警員亦分別遮蓋公園內兩處 CCTV 鏡頭，一處與搜查黎民十帳幕有關，另一處鏡頭與拘捕阮文山的行動有關。判詞指，唯一合理推論是，警員必然預期隊員會作出不當或不合法的行為，例如揑造證據、銷毀證據等，裁定他們罪成。6 人押後至 10 月 8 日求情及判刑，他們續准保釋，期間不得離港。
至於被指控對露宿者拳打腳踢、砸爛家當的警員郭展昇，以及在旁觀看、無阻止犯案的警員韓廷光，則獲裁定罪名不成立；兩人無訟費申請。
19 Jul 2024法庭線#3832
7.14新城市衝突｜警員受傷索償 涉警方一案暫攔置 涉示威者案一人以15萬元和解
Police–civilian clashes occurred at Sha Tin New Town Plaza on 14 July 2019. Two plain-clothes police officers said they were injured after being attacked by protesters that night. One officer subsequently sought damages from two protesters who admitted rioting offences and from the Commissioner of Police. The case involving the Police Force was originally scheduled for trial in the High Court in early July. The parties were granted a stay of the trial pending the conclusion of the damages claim involving the protesters.
High Court deputy judge Chun Man (Judge) Leung handed down a judgment on Friday (19th) giving supplementary reasons. The judge said the plaintiff police officer had not disclosed throughout that another damages action was being conducted at the same time, and it was difficult to understand why different lawyers had been engaged to handle the two matters separately, describing the situation as “unusual and regrettable”. The judgment also disclosed that, in the other case, one protester defendant had settled out of court for HK$150,000, while the court was assessing the damages payable to another.
According to the writ of summons, when seeking damages from the Police Force, the officer alleged that the Police had failed to conduct an appropriate assessment of the situation before deploying officers to the scene, leaving them outnumbered and causing injuries to his face, body and eyes.
2019 年 7 月 14 日，沙田新城市廣場發生警民衝突。兩名便衣警稱當晚受示威者襲擊受傷。一警員先後向兩名承認暴動罪的示威者，以及警務處長索償。涉及警務處的案件原定 7 月初在高院開審，雙方獲准擱置審訊，待涉及示威者的索償案完結。
高院暫委法官梁俊文周五（19 日）頒判詞補充理由，指原告警員一直沒披露有另一宗索償訴訟同時進行，難以理解為何會聘用不同的律師各自處理，形容情況「特殊和令人遺憾」。判詞又透露在另案中，有示威者被告以 15 萬元庭外和解，另一人則正由法庭評定賠償額。
翻查入稟狀，警員向警方索償時指，警方委派警員到場前沒作適當形勢評估，令他們寡不敵眾，致他的臉部、身體及眼睛受傷。
7 Jul 2024獨媒#3788
團體被「國安搵上門」後取消遊行 簡啟恩：如犯法問話警誡是天經地義
Since the implementation of the National Security Law for Hong Kong and the Safeguarding National Security Ordinance, marches have almost disappeared, with one group cancelling its march after being interviewed by national security officers. Kan Kai-yin, Deputy Commissioner of Police responsible for national security, said that before 2019, police would interview and communicate with march organisers to facilitate deployment, which he considered “absolutely only natural, or reasonable, lawful and justified”. He said some people “demonised” national security officers coming to their doors, portraying themselves as victims being suppressed in the hope that more people would join the march. He said that if the National Security Department believed someone might commit an offence under the national security law, it would not stand by, and that questioning, cautioning and requiring cooperation were only natural. He said whether people came out to march and demonstrate was not the police’s concern, but they should assess for themselves whether doing so posed a risk to them.
Kan Kai-yin also said that if members of the public were simply expressing their views, this “might not be ‘soft resistance’” and “there is no problem however many times you come out”. However, if they were found to have the aim of overthrowing the government and inciting hatred against it, “once these elements are present, its nature has changed”.
《港區國安法》及《維護國家安全條例》實施後，遊行活動近乎絕跡，有團體亦因被國安約談而取消遊行。負責國家安全的警務處副處長簡啟恩表示，警方在2019年前都會與遊行主辦者約談溝通，目的是方便部署，「我覺得呢個絕對係天經地義，或者合情合法合理」。他認為，有人將「國安搵上門」「妖魔化」，將自己塑造成受害人、被打壓，目的是希望更多人參與遊行。他指，若國安處認為有人有機會干犯國安法，不會坐視不理，認為問話、警誡及要求配合是天經地義，「佢哋唔出嚟遊行示威，絕對唔關我哋事，佢哋出唔出嚟遊行示威，佢哋自己都要評估下佢哋有冇風險。」
簡啟恩又稱，若市民單純表達意見「未必是『軟對抗』」，「你出嚟幾多次都無問題」，惟被發現有推翻政府和煽動憎恨政府的目的，「有呢啲原素存在就變咗質㗎啦」。
26 Jun 2024法庭線#3737
認TG、FB披露議員及警員資料 25歲學生判緩刑2年
A 25-year-old student who posted the personal data of Legislative Council members and police officers in Telegram and Facebook groups earlier pleaded guilty to four counts of disclosing personal data without the consent of the data subjects. He was sentenced at West Kowloon Magistrates’ Courts on Wednesday (26th) to three months’ imprisonment, suspended for two years.
Magistrate Jason Siu Ming Wan said the facts of the case were serious and imprisonment was inevitably one of the appropriate options, but the offences were committed when the social movement was not at its most intense and the potential risks caused were lower. Taking into account the positive background report and the defendant’s history of autism, among other factors, the magistrate ultimately imposed a suspended sentence.
一名 25 歲學生涉於 Telegram 及 Facebook 群組發布立法會議員、警員的個人資料，早前承認 4 項「未獲資料當事人同意下披露其個人資料」罪，周三（26 日）於西九龍裁判法院被判監禁 3 個月、緩刑 2 年。
裁判官溫紹明指，本案案情嚴重，監禁必然是合適選項之一，但案發時並非社運最激烈時候，引起的潛在風險較低。另考慮被告背景報告正面，曾患自閉症等，最後判處緩刑。
7 May 2024法庭線#3495
27歲男被指與2人製炸彈、TG曾揚言「炸狗屋」 控方指沒爆炸仍構成串謀犯案
A 27-year-old unemployed man allegedly joined a laboratory assistant and an electrical technician in testing an improvised explosive device at a secluded location on Siu Leng Shui Road, Tuen Mun, in December 2019, but the attempt failed. The man was arrested at the scene and charged with one count of conspiracy to cause an explosion of a nature likely to endanger life or cause serious damage to property. He has been remanded in custody for more than four years. The case opened at the High Court on Tuesday (the 7th), after a seven-member jury was empanelled. The man pleaded not guilty and went on trial.
The prosecution alleged that the defendant and others threatened in a Telegram group to make bombs and place them at “rb” and to bomb the “dog house”, and said that “1kg can blow up a water cannon vehicle”. When arrested, the defendant was found carrying mercury powder allegedly intended as a raw material for a bomb. Under caution, he said he was only testing a smoke bomb.
The prosecution stressed that the reason no explosion occurred and no harm was caused to life or property was only that the defendant was “arrested by police in time” before carrying out the plan. It argued that they had nevertheless agreed to place the bomb, thereby constituting a conspiracy offence.
27 歲無業男子涉於 2019 年 12 月，聯同實驗室助理和電器技工，在屯門小冷水路一偏僻處試驗土製爆炸裝置但失敗。男子當場被捕，被控一項「串謀導致性質相當可能會危害生命或對財產造成嚴重損害的爆炸」罪，還押至今逾 4 年。案件周二（7 日）在高等法院，選出 7 人陪審團開審，男子不認罪受審。
控方案情指，被告與其他人在 Telegram 群組揚言製作炸彈放在「rb」和炸「狗屋」，又指「1kg 可以爆水炮車」。被捕時被告身上搜出被指是炸彈原材料的水銀粉末，他在警誡下聲稱僅試驗煙霧彈。
控方強調本案之所以沒有爆炸發生，沒構成生命或財產損害，僅因被告在實行計劃前「及時被警方拉咗」，他們仍有協議放炸彈，構成串謀犯案。
8 Apr 2024吳文遠fb#3321
吳文遠於fb指社民連23條後首次擺街站遭警方嚴正以待 以攝錄機近距離攝錄
Avery Ng said on Facebook that police were on high alert and used cameras to film at close range when the League of Social Democrats set up its first street booth after Article 23.
吳文遠於fb指社民連23條後首次擺街站遭警方嚴正以待 以攝錄機近距離攝錄
27 Feb 2024獨媒#3049
警方全港裝閉路電視 未來擬引入偵測車牌、辨認恐佈分子功能
The police plan to install 2,000 CCTV cameras this year, saying they are intended to deter street violence and serious crime. Fifteen sets of cameras will first be installed in Mong Kok next month to test the technology. The cameras will not initially have tracking capabilities, but the addition of facial-recognition technology in future has not been ruled out. Secretary for Security Chris Tang Ping-keung told the Legislative Council’s Panel on Security today that, in the next phase, the police hope the system can count crowds, automatically check licence plates, detect fights and even identify suspected terrorists for counter-terrorism operations. The DAB’s Kennedy Ying Ho Wong expressed concern over whether the footage could be used to issue traffic tickets or catch people crossing the road improperly. Tang said explicitly that the system was not intended for issuing traffic tickets, but disclosed that the police were considering cameras specifically targeting traffic violations, such as vehicles parked on double yellow lines for a prolonged period.
警隊計劃今年安裝2,000部閉路電視，稱要阻嚇街頭暴力及嚴重罪案，將於下月在旺角先裝15組鏡頭測試技術，鏡頭暫時無追蹤功能，但不排除將來加裝人臉辨別技術。保安局局長鄧炳強今在立法會保安事務委員會透露，下階段警方希望系統可以統計人流、自動檢查車牌、偵測打鬥，甚至執行反恐行動辨認目標恐佈分子。民建聯黃英豪關注影像會否用來「抄牌」或捉人亂過馬路，鄧炳強明言系統並非用於「抄牌」，但透露警方正考慮專門打擊交通違例的鏡頭，例如車輛長時間泊雙黃線。
22 Feb 2024獨媒#3021
警隊選定18區615個位置設閉路電視 「現階段」暫無追蹤功能
The Government previously announced that 2,000 CCTV cameras would be installed across Hong Kong. In a paper submitted to the Legislative Council, the Security Bureau said the cameras would be distributed across 615 locations in the 18 districts. The Police will install 15 sets of cameras in Mong Kok next month for technical testing, with formal installation in other districts beginning in the middle of the year. The Security Bureau said the CCTV cameras would be installed in public places with “higher crime rates and greater pedestrian flows”, with the aim of safeguarding public safety and enhancing crime prevention and detection. It also said the cameras would only capture public areas and “do not have a tracking function at this stage”. Commissioner of Police Raymond Siu Chak-yee previously said the possibility of adding facial-recognition technology to CCTV cameras in the future could not be ruled out.
政府早前公布會在全港安裝2,000部閉路電視。保安局向立法會提交文件，指鏡頭將分布於18區的615個位置，警隊將於下月在旺角安裝15組鏡頭進行技術測試，年中開始正式在其他區安裝。保安局稱閉路電視將安裝於「罪案較高、人流較多」的公眾地方位置，目的是保障公共安全，加強防罪滅罪成效；又指鏡頭只會拍攝公眾地方範圍，「現階段並無追蹤功能」。警務處處長蕭澤頤早前曾稱，未來不排除加設有人臉辨別技術的閉路電視。
19 Feb 2024法庭線#2993
運紅酒變汽油彈｜男生罪成提上訴被駁回 官同意原審違緘默權利、但沒致定罪不穩
In April 2020, a 21-year-old tertiary student was found with two suspected petrol bombs near Kwai Chung Police Station and charged with possessing offensive weapons in a public place. At trial, the defence challenged a police sergeant’s account as “staging and directing his own performance” to frame the defendant. The trial magistrate ruled that there was no evidence proving that the sergeant had set him up. The defendant was convicted and sentenced to 14 months’ imprisonment. He appealed against his conviction and sentence, but High Court acting judge Anthony Kai On Kwok handed down a judgment on Monday (19th), dismissing his conviction appeal.
The appellant argued that the trial court had erred in finding that there was no evidence supporting the defence’s allegation that the sergeant had set him up. The judge said the evidence of the non-testifying intermediary “A” was hearsay, and agreed with the trial court that the key issue was whether the appellant knew that he was carrying petrol bombs.
Regarding the trial court’s finding that the appellant had been evasive when questioned by police, the judge held that it was wholly impermissible to draw any adverse inference against the defendant merely because he had not directly stated his belief to police officers during questioning, saying that “the approach had clearly crossed the line”. However, the judge considered this only one of the reasons why the trial court rejected the defendant’s evidence and said it did not render the conviction unsafe. The judge also noted that the defendant had assisted the police and ruled that he was entitled to a one-month reduction in sentence.
2020 年 4 月，21 歲大專男生在葵涌警署附近，被搜出兩支疑似汽油彈，被控在公眾地方管有攻擊性武器罪。辯方於原審時質疑警長「自編自導自演」，設局陷害被告，原審裁判官則裁決指沒有證據證明警長設局。被告受審後被裁定罪成，判監 14 個月，被告不服定罪及判刑提上訴，高院暫委法官郭啟安周一（19 日）頒下判詞，駁回其定罪上訴。
上訴方爭議，原審認為辯方指控警長設局一事沒有證據可以支持屬錯誤。法官指，沒出庭的中間人「A」證供為傳聞證供，並同意原審所指，最關鍵是上訴人是否知悉當時攜有汽油彈。
就原審指，上訴人於警察查問時支吾以對；法官認為，原審絕不可能，因被告沒在被查問時，直接向警員說出其信念，而對被告作出任何不利推論，指「有關做法明顯已經逾越了紅線」，但認為這只是原審拒納被告證供的其中一個理由，沒有導致定罪不穩妥。另官指，被告曾向警方提供協助，裁定可獲減刑一個月。
Translations are supplied by the source workbook. Consult the original reporting for context.
