18 Oct 2023獨媒#8510
涉售賣假貨 「影衰Mi」檔主認罪罰款1萬元 兼職售貨員守行為18月
The husband-and-wife owners of “Ying Shui Mi Grocery Store” and “Keung Ka Wai” Keung Ka Wai were accused of selling seditious publications at the “Hidden Market” in Silvercord, Mong Kok, and earlier pleaded guilty and were sentenced to between five and 10 months’ imprisonment. The male owner was additionally accused of selling and possessing counterfeit goods last July, including “Winnie the Pooh” T-shirts, “Hello Kitty” wallets and “Doraemon” stickers. He and a part-time sales clerk were jointly charged with contravening the Trade Descriptions Ordinance, and appeared at the West Kowloon Magistrates’ Courts today. The male owner pleaded guilty to two charges and was fined a total of $10,000, while the sales clerk was allowed to enter into a bond to keep the peace for 18 months and the charges were withdrawn.
「影衰Mi雜貨店」東主夫婦及「姜牧師」姜嘉偉被指在旺角銀城廣場「隱世市集」中售賣煽動刊物，早前認罪判監5至10個月。其中男東主另被指在去年7月出售及管有假冒的「Winnie the Pooh」T恤、「Hello Kitty」銀包及「多啦A夢」貼紙等貨物，連同兼職售貨員一同被控違反商品說明條例，案件今於西九龍裁判法院提堂。男東主承認兩罪，罰款合共1萬元；售貨員則獲准自簽守行為，控罪撤回。
18 Oct 2023法庭線#8514
10.1荃灣｜中槍「健仔」認暴動、潛逃等判囚47月 官指抑鬱症、槍傷非減刑因素
In July 2022, four youths involved in an anti-extradition amendment case, including Tsang Chi-kin, who was shot in Tsuen Wan, were arrested while absconding in Sai Kung. Police later arrested a man accused of helping the four hide. Tsang admitted rioting and assaulting a police officer, while he and the other three admitted perverting the course of justice. They were sentenced on Wednesday (18th) at the West Kowloon Magistrates' Courts, which was sitting as the District Court. Regarding the Tsuen Wan rioting case, Deputy District Judge Ada Yim pointed out that Tsang was prepared, holding a homemade shield and a metal rod, and pursued an isolated police officer relentlessly alongside other protesters. She noted that using violence by leveraging superior numbers made the nature of the offense egregious, adding that Tsang's depression and bullet wound were not mitigating factors for a sentence reduction.
As for the absconding case, Judge Yim noted that the young defendants were clearly incited by others. Had it not been for individuals spreading alarmist claims and devising schemes, they would have lacked the capacity, and likely never attempted, to hide or flee the territory. Regarding the man who assisted their hiding, Judge Yim stated that while there was no evidence showing he was the mastermind, his involvement in leasing the safehouse and arranging food and accommodation meant his culpability was far higher than that of the other three.
In summary, Tsang received a total sentence of 47 months in prison across the two cases. Two other men were sentenced to 10 and 20 months in prison, respectively, while a male defendant who was a minor at the time of the incident was ordered to be detained in a Training Centre.
2022 年 7 月，4 名涉及反修例案的青年，包括在荃灣中槍的「健仔」曾志健，於西貢潛逃時被捕，警方其後亦拘捕協助 4 人匿藏的男子。曾志健承認暴動及襲警罪，另與 3 人承認妨礙司法公正，周三（18 日）在西九龍裁判法院（暫代區院）判刑。
就荃灣暴動案，暫委法官嚴舜儀指，曾志健手持自製盾牌及金屬棒，屬有備而來，與其他示威者對落單警員窮追不捨，恃人多勢眾行使暴力，性質惡劣，又指曾志健患抑鬱症、槍傷非減刑因素。
至於潛逃案，嚴舜儀指年輕被告明顯受人慫恿，如果不是有人危言聳聽、出謀獻策，他們根本沒能力、甚至不會藏匿及偷渡。就協助他們匿藏的男子，嚴舜儀指沒證據顯示他是主腦，惟協助租用匿藏單位及安排食宿，罪責遠高於另外 3 人。
總括而言，曾志健兩案的總刑期為 47 個月監禁，另外兩男分別被判 10 及 20 個月監禁，案發時未成年男生被判入教導所。
17 Oct 2023獨媒#8501
涉女排聯賽播國歌時掩耳及倒豎拇指 青年被控侮辱國歌 准保釋候訊
A 21-year-old man allegedly covered his ears with both hands, gave a thumbs-down and sang other songs while the national anthem was played before the China-Bulgaria match during the FIVB Volleyball Nations League at the Hong Kong Coliseum in June this year. He was charged with one count of insulting the national anthem and appeared for the first time at Kowloon City Magistrates’ Courts today (17th). The case was adjourned to December 14 for the defence to obtain documents, and the defendant was granted cash bail of HK$5,000 in the meantime.
一名21歲青年涉今年6月，在紅館舉行FIVB世界女排聯賽期間，於中國對保加利亞賽奏國歌時，曾雙手掩耳及倒豎拇指，並唱其他歌曲。該青年被控一項侮辱國歌罪，今（17日）在九龍城裁判法院首次提堂。案件押後至12月14日再訊，以待辯方索取文件，期間被告獲准以5千元現金保釋。
17 Oct 2023法庭線#8506
涉未經准許展示印有梁國雄等姓名橫額 社民連成員曾健成、唐婉清認罪罰一千元
In September 2022, the League of Social Democrats set up a street booth in Causeway Bay and displayed a banner bearing the names Leung Kwok-hung, Cheng Tsz-yet and Chan Ho-fai. The League’s vice-chairman of internal affairs, Yu Wai-pan, and members Tsang Kin Shing, also known as “Ah Ngau”, and Christina Yuen Ching Tang were previously summoned for displaying posters or bills on government land without permission. The case came before the Eastern Magistrates’ Court for the first time on Tuesday (17th).
Christina Yuen Ching Tang and Tsang Kin Shing pleaded guilty. Magistrate Tsang Chung-yiu fined them HK$1,000 each and ordered them to pay removal costs of HK$53.60 each. Yu Wai-pan applied for an adjournment to obtain the prosecution documents, and the magistrate adjourned the case to 12 December for mention.
2022 年 9 月，社民連在銅鑼灣設街站，並展示印有梁國雄、岑子杰、陳皓桓的橫額。社民連內務副主席余煒彬、成員「阿牛」曾健成及唐婉清早前遭票控「未經准許而在政府土地展示招貼或海報」，案件周二（17 日）於東區裁判法院首次提堂。
唐婉清及曾健成表示認罪，裁判官曾宗堯判處二人罰款一千元，另需分別支付 53.6 元的移除費用。另余煒彬申請押後，以待索取控方文件，裁判官下令將其案件押後至 12 月 12 日再訊。
17 Oct 2023獨媒#8507
前區議員朱江瑋涉未註冊推銷強積金被捕 上月李梓敬曾點名批評
Former Yau Tsim Mong District Councillor Kong Wai Chu was arrested by police this morning for allegedly soliciting MPF business without registration, in violation of Section 34L of the Mandatory Provident Fund Schemes Ordinance, Chapter 485 of the Laws of Hong Kong. He was taken to an office in Kwun Tong at noon for an evidence search and will later be taken to several other locations. Pro-establishment Legislative Council member Lee Tsz-king named and criticised Kong Wai Chu last month, urging the authorities to “guard against these elements seeking to disrupt Hong Kong using selling insurance and helping residents consolidate their MPF as a pretext to continue lying low in the community and wait for an opportunity to cause trouble.”
前油尖旺區議員朱江瑋今早被警方拘捕，指涉未註冊推銷強積金，違反香港法例第485章《強制性公積金計劃條例》34L條，他中午被帶到觀塘的辦公室搜證，稍後會被帶到其他多個地點。建制派立法會議員李梓敬，上月曾點名批評朱江瑋，促當局「慎防這批亂港分子藉賣保險、替街坊整合強積金為名，繼續潛伏社區，伺機搞事。」
16 Oct 2023法庭線#8500
男子涉煽惑傷害《無綫新聞》員工囚10月 官指被告圖施壓新聞部、影響報道方向
A 29-year-old man was accused of posting messages on LIHKG between 2019 and 2020, including: “If you see anyone from the entire TVB news department, hit them one by one” and “I have always believed that the hands and feet of those bastards should be broken, guaranteeing that they will immediately back down and dare not report fake news again.” He denied two charges of inciting common assault and inciting assault with intent to cause grievous bodily harm. He was convicted of both charges after trial earlier.
Acting Judge Stephanie May Har Tsui sentenced the defendant to 10 months’ imprisonment at the District Court on Monday (the 16th). In sentencing, the judge said that, at the time of the offences, members of the media had to report from scenes of violence. The defendant’s posts targeted TVB News reporters and news-collection vehicles, and he also participated in discussions about ways to distinguish TVB reporters and news-collection vehicles. His conduct could have caused potential physical harm to frontline reporters.
The judge stressed that press freedom is an important part of society and that individuals must not incite others to attack frontline reporters. The judge said the defendant intended to put pressure on the news department so that reporters would “back down” and dare not report, or that the direction of reporting might be affected. The circumstances of the case and the defendant’s culpability were serious.
現年 29 歲男子被指於 2019 至 2020 年間，在「連登」留言稱「成個 TVB 新聞部見一個打一個」、「不嬲都認為要打斷班仆街手手腳腳，包保佢地即刻笠水，唔敢再報假新聞」等。他否認「煽惑普通襲擊」及「煽惑有意圖導致身體受嚴重傷害」兩罪，早前經審訊後被裁定兩罪罪成。
暫委法官崔美霞周一（16 日）在區域法院判被告監禁 10 個月。法官判刑時指，案發時一眾傳媒要在暴力現場採訪報道，被告發帖針對《無綫新聞》記者及採訪車，又留言參與討論分辨 TVB 記者及採訪車的方法，其行為可能對前線記者造成潛在身體傷害。
法官強調，新聞自由是社會重要的一環，不容個別人士煽惑他人襲擊前線記者。法官形容，被告意圖向新聞部施壓，令記者「笠水」不敢報道，或影響報道方向，案情及罪責嚴重。
13 Oct 2023法庭線#8484
涉擺街站派防疫物資違限聚令罪成判緩刑 34歲男提上訴被駁回
In April 2020, members of the public set up a street booth in Mong Kok to distribute anti-epidemic supplies. Police issued fixed-penalty notices to seven people, including a 34-year-old stall operator who denied participating in a prohibited group gathering. He was convicted after trial in May 2021 and sentenced to 14 days’ imprisonment, suspended for 18 months. His appeals against conviction and sentence were dismissed the same day.
In a written judgment handed down on Friday (13th), High Court judge Cheung Wai-ling said fundraising boxes and politically themed slogans occupied considerable space at the booth, while the anti-epidemic supplies took up only a small area, and there was no need for seven people to distribute them. The appellant was also chatting with others at the time. The judge said the anti-epidemic regulations were intended to reduce the risk of transmission, and the appellant’s conduct clearly ran counter to that purpose. The appeal against conviction was therefore dismissed.
The appeal also argued that the facts were not particularly serious and that increasing the penalty substantially from a fixed fine to a suspended sentence was plainly excessive. The judge said that, as the appellant had pleaded not guilty, the court had to impose a punishment reflecting the seriousness of the case. It was “not possible, nor would it, simply impose a fine automatically because the case originally involved a fixed penalty.” The appeal against sentence was therefore dismissed.
2020 年 4 月，有市民在旺角擺街站派發防疫物資，警員向當中 7 人發「限聚令」告票，其中 34 歲檔口負責人否認「參與受禁群組聚集」，2021 年 5 月經審訊後被裁定罪成，判囚 14 天，緩刑 18 個月。他就定罪和判刑上訴，被即日駁回。
高院法官張慧玲周五（13 日）頒下判詞指，街站上的籌款箱和帶有政治色彩標語佔去不少位置，防疫物資則只佔很少空間，毋須 7 人派發有關物資。而上訴人當時與他人談天，法官指防疫條例是為減低傳播風險，上訴人行為明顯與條例目的背道而馳，故駁回定罪上訴。
上訴方另指案情非特別嚴重，由定額罪款大幅增至緩刑是明顯過重。法官認為，法庭在上訴人不認罪下，須就案件嚴重性作出懲處，「不可能、亦不會因案件原本是定額罰款便自動罰款了事」，因此駁回判刑上訴。
13 Oct 2023集誌社#8490
反修例案｜律政司：已全數提供法律意見或指示 警：有需要會徵詢意見
More than four years after the anti-Extradition Bill movement, more than 6,000 people who were arrested have yet to be prosecuted. Police Commissioner Raymond Siu said in February this year that he hoped to announce follow-up actions within the month, but eight months later, the police have still not announced the progress of prosecutions. The Department of Justice told The Collective today (13th) that the Special Duties Unit had provided legal advice or issued directions in all cases submitted by the police. The police said they would examine the evidence and consider factors including the seriousness of the cases, and would seek the Department of Justice’s advice where necessary before deciding how to handle them. Legislative Council member Tik Chi-yuen, however, believes that the police are still investigating some cases, or have yet to submit them to the Department of Justice for advice, and urged the police to explain the progress of prosecutions as soon as possible.
反修例運動至今四年多，有 6000 多名被捕者一直未被起訴，警務處處長蕭澤頤曾在今年二月提及，盼在月內公布跟進行動，惟事隔八個月，警方至今仍未公布檢控進度。律政司今（13日）回覆《集誌社》表示，特別職務組就警方提交的案件，已全數提供法律意見或作出指示。警方指，會審視案件證據，考慮案件嚴重性等，有需要時會徵詢律政司意見，決定處理方式。不過，立法會議員狄志遠相信，部分案件警方仍在調查中，或仍未交給律政司索取意見，促警方盡快交代檢控進度。
12 Oct 2023法庭線#8476
初選案律師阻差辦公罪成提上訴 爭議警無權限設封鎖區
The democratic primary election case was brought before the court in March 2021, while the 47 defendants were undergoing bail hearings. When defence lawyer Kiu Lut-bong sought to enter the court after its gates had been closed, he was accused of refusing to show police his identity card. Kiu was convicted of obstructing a police officer in the execution of his duty after trial and sentenced to seven days’ imprisonment. He appealed against his conviction and sentence, and the case was heard in the High Court on Thursday (12th).
民主派初選案於 2021 年 3 月提堂，47 名被告進行保釋聆訊期間。其中一名辯方律師丘律邦要求進入已落閘的法院時，被指拒向警方出示身份證。丘經審訊後被裁定阻差辦公罪成，判囚 7 天。丘不服定罪及刑罰提上訴，案件周四（ 12 日）在高等法院進行聆訊。
上訴方爭議，案發時法院外人群已散去，並無出現《公安條例》下的公眾集結，故警方沒有權限設立封鎖區。而丘已多次表明身分，甚至報警求助，當時他正在處理法庭內的案件，不應受阻撓。法官陳仲衡質疑，上訴人稱「我係律師」，並非「萬試萬靈的咒語」，應提供證明。
律政司則反駁指，警方有責任維持現場秩序，確保沒有「存心搞事」的人進入法庭。警方在法院外設封鎖區正是配合法庭運作。而且並非「著西裝打呔、拎住疊紙、自稱律師」便可在法庭「自出自入」，警方僅要求丘出示身分證明，但他拒絕，明顯為難警方，屬蓄意阻撓。案件押後至 2024 年 1 月 12 日裁決。
12 Oct 2023法庭線#8478
投訴警署內遭推撞 巴裔律師被控誤導警員無罪 控方提覆核聆訊被拒
In November 2020, a Pakistani-origin lawyer complained that police officers had verbally abused and shoved him inside Tsim Sha Tsui Police Station after he accompanied an arrested person giving a statement. Police later alleged that he had provided false information and charged him with knowingly misleading a police officer. He was acquitted after trial. The prosecution applied for a review hearing, which was heard at West Kowloon Magistrates’ Courts on Thursday (12th).
The prosecution argued that one second was missing from the police station’s CCTV footage, making it difficult for the court to determine whether an officer had “held down” the defendant’s shoulder. The defence stressed that the defendant had immediately requested the CCTV footage after the incident, arguing that if he had wanted to lie, he would have known that inconsistencies would be exposed.
After hearing submissions from both sides, Magistrate Jason Siu Ming Wan said the evidence in the case indicated that the defendant’s account might be true. The magistrate upheld the original verdict, rejected the prosecution’s application for a review hearing, and granted the defence’s application for costs.
2020 年 11 月，巴基斯坦裔律師在尖沙咀警署陪同被捕人士錄口供後，投訴在警署內遭警員指罵及推撞。警方其後指他提供虛假資料，控以「明知地誤導警員罪」，經審訊後被裁定罪名不成立。控方提出覆核聆訊，周四（12 日）在西九龍裁判法院處理。
控方認為，警署電梯閉路電視片段缺失其中 1 秒，法庭難以確定警員曾「撳住」被告膊頭。辯方則強調，被告事發後即時要求警方提供閉路電視片段，若他要說謊，必然知道會有破綻。
裁判官溫紹明聽畢控辯雙方陳詞，認為根據本案證據，被告所言或是真實，維持原來裁決，拒絕控方覆核聆訊申請，並批准辯方申請訟費。
Translations are supplied by the source workbook. Consult the original reporting for context.
