28 Mar 2024獨媒#3272
「星火同盟」義工涉洗黑錢罪成還柙候判 官拒接納涉款與捐款有關
Police arrested three men and one woman linked to Spark Alliance in December 2019 on suspicion of money laundering. The male student, who was 17 at the time of the offence and is now 22, was accused of handling more than HK$630,000 in funds of unknown origin between June and December 2019. He denied one count of money laundering but was convicted in the District Court on the 28th. He was remanded until April 17 for mitigation and sentencing, while background and detention centre reports were requested. The prosecution’s application for a confiscation order was adjourned for further hearing. The defendant claimed that members of Spark Alliance had instructed him to use his bank account to receive donations and distribute them to people seeking assistance. Acting Judge Ko Wai-hung said the defendant was not an honest and reliable witness and rejected the claim that the funds were donations to Spark Alliance. The defence said the defendant was only 17 at the time, had no experience handling accounting records and was therefore deserving of leniency; even if he had handled the funds negligently, that did not mean he had reasonable grounds to suspect that they were criminal proceeds. Judge Ko agreed that even experienced accounting professionals could make mistakes. Although some of the handling methods, considered individually, could be viewed as showing that the defendant was inexperienced, their cumulative effect showed that his explanation was implausible and contrary to common sense.
警方於2019年12月拘捕與「星火同盟」有關的3男1女，指他們涉嫌洗黑錢。案發時17歲、現年22歲的男學生被指2019年6月至12月期間，處理逾63萬元不明來歷款項。他否認一項洗黑錢罪，今（28日）在區域法院被裁定罪成，還柙至4月17日求情及判刑，期間索取背景報告及勞教中心報告。控方申請沒收令則押後再訊。被告辯稱獲「星火」成員指示利用其戶口收取捐款，並分發予求助人。暫委法官高偉雄指，被告並非誠實可靠證人，拒絕接納涉款屬「星火」的捐款。辯方指被告案發時僅17歲，沒有處理會計賬目的經驗，實屬情有可原，即使處理疏忽，亦不等同他有合理懷疑款項是黑錢。高官同意即使是資深會計從業員，亦有可能出錯，雖然單一分析某些處理方法，可視之為他入世未深，但累積效應而言，可見被告的解釋是不可信及有違常理。
28 Mar 2024法庭線#3273
認披露梁振英個人資料 前地勤判社服令 稱憂未能如期返英、官拒接受
A former airport ground staff member allegedly misused HK Express’s boarding system in 2019 to send former Chief Executive CY Leung’s personal data to others. He earlier admitted one count of “accessing a computer with a dishonest intent” and requested a community service order report. Sentencing was adjourned until Thursday (28th) at Kowloon City Magistrates’ Courts.
The defence said the defendant currently could not leave the UK for more than 180 days each year and was worried that he would be unable to return to the UK as scheduled; consequently, the report did not recommend a community service order. Magistrate Brian Chi Fai Chan said the case had a certain degree of seriousness and that the court had earlier refused to deal with it by imposing a fine or a suspended sentence. Although the defendant had personal matters to handle, he also had to bear the consequences of his offence. After confirming the defendant’s intention and considering the overall circumstances, the magistrate sentenced him to 80 hours of community service.
一名機場前地勤人員涉於 2019 年擅用香港快運（HK Express）的登機系統，將前特首梁振英個人資料發送予他人。他早前承認一項「不誠實地獲益而取用電腦」罪，索取社服令報告，押後至周四（28 日）在九龍城裁判法院判刑。
辯方指，被告現時每年不能離開英國超過 180 日，擔心未能如期返回英國，故報告不建議判處社服令。裁判官陳志輝指，本案有一定嚴重性，早前已拒絕以罰款或緩刑處理，即使被告有自身事情要處理，但他亦需承擔犯案的後果。官向被告確認其意向，及考慮整體情況後，終判處 80 小時社服令。
28 Mar 2024法庭線#3281
大灣區業主稱誤信廣告買樓 要求頒令證監會失職 高院拒批司法覆核許可
A Greater Bay Area property owner said he bought a property after being misled by an advertisement, only to discover that the unit could be used for commercial purposes but not for residence. He earlier filed an application for judicial review, asking the court to rule that the Securities and Futures Commission had failed in its duty by allowing a property company to publish “fraudulent advertisements”, and seeking compensation from the SFC for his losses. High Court Judge Kao Ho-man refused leave for judicial review on Thursday (28th).
一名大灣區樓宇業主稱因誤信廣告，買樓後發現單位僅可作商用，不能入住，早前入稟提出司法覆核，要求法庭頒令證監會失職，任由地產公司刊登「詐騙廣告」，並要求證監會賠償損失。高等法院法官高浩文周四（28 日）拒批司法覆核許可。
法官在判詞指出，涉案廣告不涉投資產品，而證監會的職責是規管投資產品，無責任監察上巿公司的所有業務，雖然本案牽涉被指不公正的行為，但作為一宗司法覆核案，則缺乏合理理據；法官亦認為申請人可循民事索償等其他方式申索，甚至比司法覆核更有效，故拒批司法覆核許可。
27 Mar 2024法庭線#3260
7.21非白衣人案｜第三被告折返元朗站見警到場 官：有咩感覺？覺唔覺得遲咗嚟？
Former Legislative Council member Lam Cheuk-ting and six other “non-white-shirted people” are charged with taking part in the riot at Yuen Long Station on 21 July. The trial entered its 38th day at the District Court on Wednesday (27th). The third defendant, Jason Wing Hei Chan, returned to the station after leaving, and police arrived at the scene. Judge Chan Kwong-chi asked: “How did you feel when you saw the police arrive… Did you think they came late?” Chan replied: “I felt that a little.”
During prosecution cross-examination, Chan was challenged that he had remained inside the gate and had “turned a blind eye” to the conduct of those inside, and that after spraying water he handed the hose to someone else, thereby “dividing the work with those inside the gate and tacitly carrying out provocative acts.”
Chan asked what “turned a blind eye” and “dividing the work” meant. He later said he felt he had no influence to stop them and understood that those inside the gate “wanted to defend themselves”, but said he would not engage in such conduct. He also said: “I did not cooperate with anyone in any form, nor do I agree that spraying water was a provocative act.” The trial continues on Thursday.
前立法會議員林卓廷與另外 6 名「非白衣人」，被控參與 721 元朗站暴動，周三（27 日）在區院展開第 38 天審訊。第三被告陳永晞，離開元朗站後折返，當時有警員到場。法官陳廣池問「見到警察到場有咩感覺…覺唔覺得佢哋遲咗嚟？」陳稱，「有少少覺得。」
控方盤問時質疑，陳一直在閘內，對閘內人的行為「視若無睹」，而他在射水後將水喉交給他人，是「同閘內人士分工合作，有默契做挑釁行為」。
陳反問「視若無睹」及「分工合作」意思，其後指覺得沒影響力制止，並理解閘內人「想防衛自己」，但自己不會做相關行為。他又指，「冇同任何人有作出任何形式合作，亦都唔同意射水係挑釁行為」。案件周四續。
27 Mar 2024法庭線#3261
冒認藝人曹永廉取消器官捐贈登記 19歲港大生認刑毀囚8周 准保釋候上訴
In May 2023, the number of cancellations of organ-donation registrations rose sharply. The Government said a small number of people had “distorted the altruistic spirit of organ donation” and had even called for registrations to be cancelled. Police subsequently arrested four people for allegedly using a computer dishonestly to cancel registrations, and two men were charged with criminal damage. A 19-year-old male student had earlier pleaded guilty and was remanded in custody until Wednesday (27th), when he was sentenced to eight weeks’ imprisonment at the Eastern Magistrates’ Court.
In sentencing, magistrate Stephanie May Har Tsui said the defendant’s conduct had seriously harmed the public interest, and that the real victims were patients most in need of help. The magistrate stressed that the Central Organ Donation Register “must not be damaged because of playfulness or a personal opinion”, and said the seriousness of the offence would not be reduced because the defendant had acted out of playfulness. The defence applied for bail pending an appeal against the sentence, and the application was granted by the magistrate.
2023 年 5 月，取消器官捐贈登記數字急增。政府指有少數人「歪曲器官捐贈的利他奉獻精神」，甚至呼籲取消登記。警方其後拘捕 4 人，指涉不誠實使用電腦取消登記，當中兩男被控刑事毀壞罪。一名 19 歲男學生早前認罪，還押至周三（ 27 日）在東區裁判法院判囚 8 星期。
裁判官崔美霞判刑時指，被告的行為嚴重損害公眾利益，真正受害的是最需要幫助的病人，強調中央器官登記名冊「不容許因為貪玩、一私己見而去破壞」，不會因被告出於貪玩犯案而降低嚴重性。辯方申請保釋等候刑期上訴，獲裁判官批准。
27 Mar 2024法庭線#3263
朗屏站外拆國旗區旗擲明渠 男子認罪判囚45天 指不涉政治動機
In early July 2023, a 36-year-old man was accused of removing a national flag and a regional flag hung by the roadside outside Long Ping Station on the West Rail line and throwing them into a nullah. He pleaded guilty on Wednesday (27th) at Tuen Mun Magistrates’ Courts to the offences of insulting the national flag and insulting the regional flag, and was sentenced to 45 days’ imprisonment.
The case stated that the defendant allegedly swung the national and regional flags hung along the pavement back and forth before throwing them into the nullah. A passer-by filmed the process and reported it to the police. In mitigation, the defence said the defendant had been under financial pressure after losing his job and had lost control of his emotions at the time, venting them in the wrong way. It stressed that there was no political motive involved.
In sentencing, magistrate Kwok Fai (1965) Wong said that the national flag and regional flag were symbols of national sovereignty, and that removing the flags itself constituted insulting behaviour, regardless of whether the defendant had soiled them.
2023 年 7 月初，36 歲男子被指在西鐵朗屏站外，將路邊懸掛的國旗和區旗拆下，並擲在明渠。他周三（27 日）在屯門裁判法院，承認侮辱國旗及侮辱區旗罪，被判囚 45 天。
案情指，被告涉將掛在行人路的國旗和區旗前後搖晃，並丟落明渠，有途人拍攝過程及報警。辯方求情指，被告因失業致經濟壓力大，案發時情緒失控，以錯誤方式宣洩，強調不涉任何政治動機。
裁判官黃國輝判刑指，國旗、區旗為國家主權象徵，不論被告有否弄污，將旗幟拆除已屬於侮辱行為。
26 Mar 2024法庭線#3251
《香港01》母企創辦人于品海 被建銀國際旗下公司追債 高院頒令破產
Yu Pun-hai, founder of South Sea Holdings, the parent company of media outlet Hong Kong 01, was petitioned for bankruptcy by CCB International Overseas Limited in October 2023. Acting High Court Judge Tong Si-pui on Tuesday (26th), after hearing submissions from both sides, rejected an application by Yu’s side to adjourn the case, and ordered him to be adjudged bankrupt and to pay the costs. Written reasons will be issued later.
The petitioner was CCB International Overseas Limited, represented by Senior Counsel Shek Wing-tai. The respondent was Yu Pun-hai, who did not appear in court and was represented by barrister Chan Ngou-him. According to information from listed companies on the Hong Kong Stock Exchange, CCB International Overseas Limited is wholly and beneficially owned by CCB International (Holdings) Limited, while CCB International is a wholly owned subsidiary of China Construction Bank.
Hong Kong 01 published a statement on its website in the afternoon saying that Yu did not hold any position in the company. The case only concerned Yu’s personal financial arrangements, and “Hong Kong 01 will not be affected and the company will continue to operate as usual.”
媒體《香港01》母公司「南海控股」創辦人于品海，2023 年 10 月被建銀國際海外有限公司入稟呈請破產，高院暫委法官唐思佩周二（26 日）聽畢雙方陳詞，拒絕于品海一方申請押後，頒令他破產及支付訟費，稍後頒下書面判詞。
呈請方為建銀國際海外有限公司，由資深大律師石永泰代表；答辯人為于品海，他沒出庭，由大律師陳翱謙代表。根據港交所上市公司資料，建銀國際海外有限公司由建銀國際（控股）有限公司全資及實益擁有；而建銀國際為建設銀行的全資子公司。
《香港01》下午在網頁發稿，指于品海未有於公司擔任任何職務。案件只牽涉于的個人財務安排，「《香港01》不受影響，公司將繼續如常運作」。
26 Mar 2024法庭線#3252
西灣河搶槍等罪成囚6年 男學生續提定罪及刑期上訴 「熊仔餅」撤回
On 11 November 2019, a traffic police officer in Sai Wan Ho fired live rounds at student Patrick Chow Pak-kwan, who was described by the public as “Patrick Chow Pak-kwan”. Chow and another male student were convicted of obstructing a police officer in the execution of his duty, attempted robbery and other offences, and both were sentenced to six years’ imprisonment in November 2022.
The Court of Appeal on Tuesday (26th) dealt with their applications for leave to appeal against their convictions and sentences. Chow’s counsel applied to withdraw the application, which Chow also confirmed in court. The other male student continued to seek leave to appeal against his conviction and sentence for attempted robbery. Justice Pang Wai-cheong referred the case to a Court of Appeal panel, with the hearing to be listed before three judges. The applicant’s side disclosed that the male student was expected to be released at the earliest in August 2026.
2019 年 11 月 11 日，一名交通警在西灣河，以實彈射擊被外界稱為「熊仔餅」的學生周柏均，周與另一名男學生阻差辦公、企圖搶劫等罪成，2022 年 11 月同被判囚 6 年。
上訴庭周二（26 日）處理兩人申請定罪及刑期上訴許可，周的代表大狀提出撤回，周庭上亦確認；另一男生則繼續就企圖搶劫，提出定罪及刑期上訴。上訴庭法官彭偉昌將案交由上訴庭合議庭，排期由 3 名法官處理。申請方透露，男生最早料於 2026 年 8 月獲釋。
26 Mar 2024法庭線#3253
7.1立會暴動案｜孫曉嵐、畢慧芬囚57及59月 不服判刑提上訴
In the July 1 Legislative Council riot case, four people including Gregory Wong were convicted of rioting after trial, while eight others in the same case pleaded guilty before the trial began. The 12 defendants were sentenced to between four and a half years and six years and 10 months in prison. Hiu Laam Suen, the former president of the University of Hong Kong Students’ Union, and Bit Wai-fan, known as the “village chief of Occupy Mong Kok”, appealed against their sentences last Friday (22nd). According to Judiciary records, no hearing date has yet been set.
七一立法會暴動案，王宗堯等 4 人審訊後被裁定暴動罪成，同案 8 人則於開審前承認暴動罪，12 人分別判囚 4 年半至 6 年 10 月。其中港大學生會前會長孫曉嵐、「佔旺女村長」畢慧芬不服刑罰，上周五（22 日）提出上訴。根據司法機構資料，案件尚未有聆訊日期。
26 Mar 2024獨媒#3254
涉9次電話詐騙 前區議員王進洋遭加控9項串謀詐騙及10項洗黑錢罪
Former Islands District councillor Chun Yeung (1994) Wong, 28, allegedly became involved in telephone scams by posing as victims’ sons and claiming they had been arrested, and demanding $100,000 for bail. He was originally charged with one count of obtaining property by deception. When the case was heard at Kwun Tong Magistrates’ Courts on the 26th, the prosecution amended and added charges. Wong now faces nine counts of conspiracy to defraud and 10 counts of money laundering, the latter being alternative charges to the nine conspiracy-to-defraud counts. The charges relate to the period from 29 May to 5 June 2023, involve nine victims and concern a total of $740,000. The case was adjourned to 16 April for transfer to the District Court, and Wong remains remanded in custody.
Former Islands District councillor Chun Yeung (1994) Wong, 28, who reported himself as unemployed, was originally charged with one count of obtaining property by deception and has been remanded in custody since his first court appearance, for more than nine months. The prosecution amended the charge sheet today and increased the total to 19 charges, comprising nine counts of conspiracy to defraud and 10 counts of money laundering, as alternative charges to the nine conspiracy-to-defraud counts.
28歲前離島區議員王進洋疑牽涉電話騙案，被指假冒事主兒子及聲稱被捕，索款10萬元以作保釋。他原被控一項「以欺騙手段取得財產」罪，案件今（26日）於觀塘法院提堂時，控方修訂及新增控罪，王現面對9項「串謀詐騙」罪，以及10項洗黑錢罪，作為上述9項串謀詐騙罪的交替控罪。控罪涵蓋2023年5月29日至6月5日，當中牽涉9名受害人，涉款合共74萬元。案件押後至4月16日轉至區域法院提訊，王繼續還柙。
前離島區議員王進洋（28歲，報稱無業）原被控一項「以欺騙手段取得財產」罪，自首次提堂起還柙，至今逾9個月。控方今修訂控罪書，並加控至19項控罪，包括9項「串謀詐騙」罪，以及10項「洗黑錢」罪，作為上述9項「串謀詐騙」的交替控罪。
Translations are supplied by the source workbook. Consult the original reporting for context.
