6 Nov 2024法庭線#4205
蘋果日報有限公司遭入稟申請清盤 押後明年2月再訊待刑事案審結
Next Digital founder Jimmy Lai Chee-ying and three companies related to Apple Daily have been charged with offences including conspiracy to collude with a foreign country. The case is being tried. Next Digital Limited was formally ordered to be wound up by the High Court in December 2021, while two creditors filed a petition in the High Court seeking an order to wind up its subsidiary, Apple Daily Limited.
The case was dealt with in the High Court on Wednesday (6th). The petitioners applied to adjourn the case pending the conclusion of Apple’s criminal national security case, saying that the company still had assets but that they were temporarily frozen, and that the trial outcome might affect those assets. The petitioners also disclosed that the Protection of Wages on Insolvency Fund Board had provided ex gratia payments to more than 600 employees. Master Ho Chin-pang ultimately adjourned the case to 12 February 2025 for a further hearing.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司，被控「串謀勾結外國勢力」等罪，案件正在審理。壹傳媒有限公司於 2021 年 12 月被高等法院正式頒令清盤，旗下的「蘋果日報有限公司」，則被兩名債權人在高等法院提出呈請，要求頒令清盤。
案件周三（6 日）於高等法院處理，呈請方申請押後案件待「蘋果」的刑事國安案審結，指公司其實仍有資產，但暫時被凍結，而審訊結果或會影響相關資產。呈請方又透露，破產欠薪保障基金委員會已為超過 600 名員工提供特惠款項。聆案官何展鵬最終押後案件至 2025 年 2 月 12 日再訊。
6 Nov 2024法庭線#4209
《獨媒》認沒備存登記冊 罰款一萬 董事求情稱一直為公眾利益服務
InMediaHK was summonsed for failing in August 2024 to keep registers of its members and directors at its registered office. Director Damon Wong Chun-pong pleaded guilty on Wednesday (6th) at the Eastern Magistrates’ Courts to two offences under the Companies Ordinance. The charges stated that someone had reported the matter.
In mitigation, Wong said InMediaHK was a small online media outlet operating on a non-profit basis and had always served the public interest. Its shareholders and directors had not taken dividends for years, while losses had accumulated to more than HK$300,000. Wong asked the court for leniency.
Acting Magistrate Chung Keung Chu said that, having considered the circumstances of the case and the defence mitigation, the court fined InMediaHK HK$5,000 for each summons. The costs were to be deducted from the fines. InMediaHK said in a statement after the ruling that the matter resulted from a temporary oversight and had been corrected, adding that it would “continue to uphold its original purpose and strive for press freedom in Hong Kong”.
《獨立媒體》被票控於 2024 年 8 月，沒將成員及董事的登記冊備存在其公司的註冊辦事處內。董事黃俊邦周三（6 日）在東區裁判法院承認兩項《公司條例》下罪名，控罪指有人告發事件。
黃求情時稱《獨媒》為網上媒體，規模較小，以非牟利形式營運，一直為公眾利益服務，股東及董事多年來沒有分取花紅，至今累積 30 多萬元的虧損，望法庭輕判。
暫委裁判官朱仲強稱，考慮案情、辯方求情等，判《獨媒》就每張傳票罰款 5,000 元，訟費則在罰款中扣除。《獨媒》在判決後發聲明指事件屬一時錯失，已作更正，「會繼續秉承初衷，為香港的新聞自由努力」。
4 Nov 2024法庭線#4198
男子九龍城法院持刀企圖襲裁判官 司法機構：嚴厲譴責、裁院將逐步實施安檢
A 32-year-old man allegedly attempted to attack a magistrate with a knife at Kowloon City Magistrates’ Courts this morning (the 4th) and was subdued by police officers at the scene. He was arrested on suspicion of attempted wounding. Three police officers were injured and taken to hospital for treatment.
The Department of Justice strongly condemned the incident, saying that it would not tolerate lawless acts that undermine the rule of law. It said the police would enforce the law strictly and called on members of the public to respect the rule of law. Some media, citing sources, reported that the man involved had earlier been convicted of indecent assault by magistrate Edward Ching Yu Wong.
一名 32 歲男子今早（4 日）涉於九龍城裁判法院持刀企圖襲擊裁判官，被現場警員制服，該男子暫以企圖傷人罪被拘捕，事件中有 3 名警員受傷送院治理。
律政司強烈譴責事件，指絕不容忍目無法紀及損害法治的惡行，警方必定嚴正執法，並呼籲社會人士尊重法治。有傳媒引述消息指，涉案男子早前因非禮罪被裁判官王證瑜裁定罪成。
1 Nov 2024法庭線#4194
港大評議會案4人上訴得直減刑 上訴庭指控罪煽惑本地人 原審着墨過多國際因素
The then chairperson of the University of Hong Kong Students’ Union Council, Kinson Cheung King-sang, the Students’ Union president, Charles Kwok Wing-ho, and two council members, Chris Todorovski and Anthony Yung Chung-hei, were charged under the National Security Law with “advocating terrorism”. The four pleaded guilty to the alternative charge of incitement with intent to cause injury and were sentenced to two years’ imprisonment. Their appeals against sentence succeeded in September this year, reducing their sentences to 15 months’ imprisonment.
Three appellate judges issued their judgment on Friday (November 1), describing the sentencing principles applied at trial as firm and sound. They agreed that the four’s inciting conduct could lead to riots breaking out again, but said they accepted that the incitement in this case was a single incident. Regarding the meeting’s online livestream, the judgment accepted that this was an aggravating factor, but said the offence involved inciting local people to target police officers and that the trial court appeared to have placed too much emphasis on international factors.
The trial court had said that the motion was unrelated to the Council’s affairs and that the four had abused their positions by using the occasion to incite others. Citing the HKU Students’ Union Constitution, the appellate court said one of its objectives was to promote students’ concern about social issues. Discussing the police-stabbing incident was therefore essentially legitimate; it was the four’s incitement at that occasion that was improper.
香港大學學生會評議會時任主席張敬生、學生會會長郭永皓，及兩名評議員杜林丞亨和容頌禧，被控《國安法》「宣揚恐怖主義」罪，4 人承認交替控罪「煽惑有意圖傷人」，被判監禁兩年，今年 9 月刑期上訴得直，減至判囚 15 個月。
3 名上訴庭法官周五（11 月 1 日）頒判詞，形容原審量刑原則牢固、完善，認同 4 人的煽惑行為可致騷亂再度爆發，但指接納本案的煽惑是單一事件。至於會議經網上直播，判詞指認同是加刑因素，但認為控罪是煽惑本地人針對警察，原審似乎著墨過多在國際因素。
對於原審指議案與評議會事務無關，4 人利用場合煽惑屬於濫用職權，上訴庭引港大學生會憲章，指宗旨之一是要推動學生關注社會議題，故討論刺警事件本質上是正當的，只是 4 人在該場合作出煽惑。
1 Nov 2024法庭線#4195
七一刺警案後連登倡「插小腸」 男子煽惑傷人判囚24月 官斥正面挑戰警方
On the night of the 2021 July 1 police stabbing in Causeway Bay, a 23-year-old renovation worker was alleged to have posted comments on LIHKG including “stab his father and mother to death” and “next time, [one] should stab the part in the middle of the body where the small intestine is”. He denied one count of inciting others to wound with intent but was convicted after trial, and was sentenced to 24 months’ imprisonment at the West Kowloon Magistrates’ Courts, sitting as the District Court, on Friday (1st).
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，否認一項「煽惑他人有意圖而傷人」罪受審後罪成，周五（1 日）在西九龍裁判法院（暫代區院）被判囚 24 個月。
官判刑時稱，被告煽惑他人傷害警員，「武力程度絕不輕微」，可導致警員身體受嚴重傷害，甚至死亡。而連登為流行網上平台，任何人均可瀏覽，即使被告不是公眾人物，帖文亦可以快速傳播，後果可以很嚴重。
法官又指，被告在銅鑼灣刺警案後干犯本案，是正面挑戰警方，尤其警方當時面對重大治安威脅，因此刑罰須具阻嚇性，以保障警方及社會安寧，防止同類罪行發生。
1 Nov 2024法庭線#4196
前中大學生會長蘇浚鋒認煽惑投白票判緩刑 提上訴指控罪不合理限制言論自由
Former CUHK Students’ Union president So Tsun-fung was accused of reposting online in 2021 a post by former Legislative Council member Hui Chi-fung calling on people to cast blank ballots in elections. The Independent Commission Against Corruption charged So Tsun-fung with violating the Elections (Corrupt and Illegal Conduct) Ordinance. The defence challenged the constitutionality of the charge, but after the magistrate ruled that it was constitutional, So changed the plea to guilty and was sentenced to two months’ imprisonment, suspended for 18 months. So appealed by way of case stated, arguing that the charge unreasonably restricted freedom of expression. The case was heard at the High Court on Friday (the 1st). Both sides adopted written submissions. After hearing supplementary submissions in court, Deputy High Court Judge Yiu Hin-chi will hand down the judgment within three months.
The judge cited the appellant’s written submissions as stating that the case involved freedom of expression and that any restriction must serve a reasonable purpose. However, there was no evidence proving that urging others not to vote or to cast blank ballots would interfere with the election.
前中大學生會會長蘇浚鋒，被指 2021 年在網上轉載前立法會議員許智峯倡選舉投白票帖文，被廉署起訴違反《選舉（舞弊及非法行為）條例》。辯方爭議控罪合憲性，而裁判官裁定合憲後，蘇改為認罪，判囚兩個月、緩刑 18 個月。蘇以案件呈述方式提上訴，爭議控罪不合理限制言論自由，案件周五（1 日）於高等法院處理。雙方採納書面陳詞，暫委法官姚勳智聽畢庭上補充，將於 3 個月內頒下判詞。
官引述上訴方的書面陳詞指，本案涉及言論自由，如要設限必須有合理目的，惟沒有證據證明，呼籲他人不投票或投白票會干擾選舉。
31 Oct 2024法庭線#4191
社民連余煒彬涉未經准許展示橫額 明年初審前覆核 余指食環拒提供完整街站名單
In September 2022, the League of Social Democrats set up a street station in Causeway Bay and displayed a banner bearing photographs of Leung Kwok-hung, Tsoi Chi-kit and Chan Ho-fun. The League’s vice-chairman for internal affairs, Yu Wai-pan, member Tsang Kin-shing, known as “Ah Niu”, and Christina Yuen Ching Tang were charged with “displaying a bill or poster on government land without permission”. Tsang and Christina Yuen Ching Tang pleaded guilty and were fined. Yu pleaded not guilty and appeared again at the Eastern Magistrates’ Courts on Thursday (the 31st).
Yu Wai-pan said he hoped to await the High Court’s written reasons for judgment in the “Pun Lin-fa case” to establish the basis of his defence. Yu also said he hoped to apply for the Food and Environmental Hygiene Department’s complete operational guidelines. He said he had applied to the department for a complete list of street stations in the Eastern District of Hong Kong Island from May 2020 until the period when the alleged offence occurred, but the application was refused. The prosecution said the relevant information was unrelated to the case.
The magistrate said today was not an appropriate time to hear the parties’ submissions, particularly as the court needed time to read the contents of the FEHD’s operational guidelines. The case was therefore adjourned to January 9 next year for a pre-trial review, when the next steps could be discussed.
2022 年 9 月，社民連在銅鑼灣設街站，展示印有梁國雄、岑子杰、陳皓桓相片的橫額。社民連內務副主席余煒彬、成員「阿牛」曾健成及唐婉清，遭票控「未經准許而在政府土地展示招貼或海報」；曾及唐認罪被判罰款。余不認罪，周四（31 日）於東區裁判法院再訊。
余煒彬稱，望等待高院頒下「潘連花案」的判決理由書，以建立其辯方案情。另余指，希望申請取得食環署的完整行動指引，並提及他向食環署申請 2020 年 5 月至案發期間的港島東區域完整街站名單，但被拒絕。控方則指相關資料與案無關。
官指，今日不是適當時機聽取雙方陳詞，尤其要求披露食環署行動指引的內容，法庭亦需時閱讀。故下令再押後至明年 1 月 9 日作審前覆核，指屆時可探討下一步行動。
31 Oct 2024法庭線#4192
社民連3次擺街站收26傳票 6人認罪罰款 陳寶瑩等4人不認罪明年初預審
League of Social Democrats chairwoman Chan Po-ying, vice-chairman for external affairs Dickson Chau, and eight other members or volunteers were issued 26 summonses last April and May for setting up street stalls in Causeway Bay and Wan Chai, alleging unlicensed fundraising and displaying notices or posters without permission. The case returned to Eastern Magistrates’ Courts on Thursday (31st).
All but Chan Po-ying, Dickson Chau, Yu Wai-pan and Ying Chi (Med) Lee pleaded guilty. During mitigation, Tsang Kin-shing criticised the government for continually narrowing the avenues for expression on the streets. One defendant said civil society had continuously shrunk since the National Security Law came into force, describing the case as “a case of political suppression” and accusing the regime of using “evil laws from the colonial era” to prosecute dissenters.
In sentencing, magistrate Frances Nga Yan Leung said that, apart from one defendant who had a similar previous record, each summons would carry a fine of HK$1,000, while the other five defendants would each be fined HK$800 per summons. The four defendants who pleaded not guilty were remanded until 9 January 2025 for a pre-trial review.
社民連主席陳寶瑩、外務副主席周嘉發及另外 8 名成員或義工，去年 4 至 5 月在銅鑼灣及灣仔擺設街站，遭票控「無牌籌款」及「未經准許展示招貼或海報」共 26 張傳票，案件周四（31 日）在東區裁判法院再訊。
除陳寶瑩、周嘉發、余煒彬、李盈姿不認罪外，其餘 6 名被告認罪。當中曾健成求情時斥政府不斷將街頭表達的途經收窄；有被告則稱自《國安法》以來，公民社會不斷萎縮，直言「呢單係政治打壓嘅案件」，斥政權動用「殖民地時期的惡法」控告異見人士。
裁判官梁雅忻判刑時稱，除一名被告有同案類底，她就每張傳票判罰款 1,000 元，其餘 5 名被告就每張傳票判罰款 800 元。4 名不認罪被告則押後至 2025 年 1 月 9 日作審前覆核。
31 Oct 2024法庭線#4193
7.1金鐘｜浸大生戴嘉平及孿生兄暴動罪成 官判教導所、拒判監 另兩男囚3年
On July 1, 2019, a large group of protesters gathered around Lung Wo Road in Admiralty and advanced towards the Convention and Exhibition Centre, where a flag-raising ceremony was being held, clashing with police. Four men were convicted of rioting after trial. Tai Ka-ping, who was 14 at the time and is now 20 and a former deputy secretary-general for external affairs of the Baptist University Students’ Union, and his twin brother were sentenced at the District Court on Thursday (31st) to detention centres, while the other two men were sentenced to three years’ imprisonment.
In sentencing, Acting Judge Chi Wai (1965) Cheung said the protesters had used smoke bombs and carried masks and helmets, indicating that they had planned the actions in advance and come prepared. Some protesters had also used umbrellas to attack police. However, the judge agreed that bricks and petrol bombs had not been used, and classified the case as moderately serious. The judge also said the defendants had been arrested some time after the incident, causing an impact, and accepted the delay as a mitigating factor.
The Tai brothers wished to be sentenced directly to prison so that they could continue their studies while serving their sentences. The judge rejected this, saying that education was only part of rehabilitation and that imprisonment was not in the best interests of society. The judge said the two men could receive comprehensive character and values education at a detention centre.
2019 年 7 月 1 日，大批示威者在金鐘龍匯道一帶集結，向舉行升旗禮的會展推進，與警方發生衝突，4 名男子經審訊後被裁定暴動罪成，當中案發時 14 歲、現為 20 歲的浸大學生會前外務副幹事長戴嘉平及其攣生兄，周四（31 日）在區院被判入教導所，另兩男則被判囚 3 年。
暫委法官張志偉判刑時指，示威者曾用煙霧彈，攜帶口罩及頭盔，認為屬預先計劃及有備而來，加上有示威者以雨傘襲警等，但同意沒有使用磚頭及汽油彈等，遂將本案定為中度嚴重。官另指被告事隔一段日子才被捕，帶來衝擊，接納案件有延誤而作減刑。
戴嘉平兄弟希望直接判監，以在服刑時繼續學業。官不接納，指求學只是更生的一部分，判監非最符合社會利益，指兩人於教導所可全面接受品格、價值觀教育。
28 Oct 2024集誌社#4183
反修例運動｜逾 7000 未被起訴者「結案」無期 林定國：「享自由，承諾不檢控不符法治」
More than five years after the anti-extradition law amendment bill movement began, more than 10,000 people have been arrested, of whom more than 7,000 had still not been charged as of July this year. Police Commissioner Chris Tang said in February 2023 that the cases would be reviewed and that the follow-up and handling arrangements would be announced within the month. In May of the same year, Chief Executive John Lee “changed his tune”, describing a “timetable not based on any evidence” as “impractical”.
In an interview with Ming Pao, Secretary for Justice Paul Lam was again asked about views that the government should “draw a line” and bring the matter to an end. He said that people who had been arrested but not charged were not subject to special restrictions and could live normally. “I don’t know what special additional restrictions you are referring to for this group of people. As I understand it, there are none,” he said, adding that they could “exercise the freedoms enjoyed by ordinary people, whether studying, working or travelling abroad”.
反修例運動至今逾五年，拘捕的逾萬名人士中，截至今年 7 月仍有逾 7000 多人未被起訴。警務處處長蕭澤頤曾在 2023 年 2 月指正檢視案件，會在月內公布跟進和處理方式；同年 5 月，特首李家超「轉口風」指定「不基於任何證據考慮的時間表」是「不切實際」。
律政司司長林定國接受《明報》訪問，再被問到有意見希望政府「劃線」了結，他回應被捕但未被控人士不受特別限制約束，能如常生活，「我不知道你所說這批人，究竟有什麼特別額外限制呢？以我理解是沒有」，認為他們「可以行使一般人所享有的自由，無論讀書又好、工作又好、出埠旅遊又好」。
Translations are supplied by the source workbook. Consult the original reporting for context.
