11 Oct 2023獨媒#8472
譚香文入稟區院告龍蟠苑法團 要求禁止在緊急車輛通道棄大型垃圾
Wong Tai Sin District Councillor Mandy Heung Man Tam filed a claim in the District Court on the 9th against the Long Poon Court Owners’ Corporation, alleging that it had stopped using the bulky furniture waste collection station formerly located at Lung Shan House and instead allowed residents to dispose of bulky furniture in an emergency vehicle access area within the estate. She said the dumping caused a nuisance to residents, could obstruct vehicles entering and leaving in an emergency, and attracted mosquitoes and other insects and produced unpleasant odours, affecting the estate’s environment. She is seeking a court order prohibiting the corporation from continuing to use the location, as well as compensation for the losses she suffered as a result of the nuisance, among other relief.
黃大仙區議員譚香文日前（9日）入稟區域法院，控告龍蟠苑業主立案法團棄用原先位於龍珊閣的大型傢具垃圾收集站，轉而允許住戶於屋苑內的緊急車輛通道位置棄置大型傢具。她認為於該處棄置垃圾對住戶造成滋擾，危急情況時會阻礙車輛出入，而垃圾亦惹蚊蟲滋生及產生異味，對屋苑環境造成影響，要求法庭頒令禁止法團繼續沿用該位置，並要求賠償其所承受的滋擾損失等等。
11 Oct 2023法庭線#8474
10.13將軍澳｜5人涉「私了」便衣警 暴動、非法禁錮等罪成囚7月至37月
On 13 October 2019, a plainclothes police officer was allegedly subjected to a “street justice” assault by protesters at Sheung Tak Estate in Tseung Kwan O. Three men and three women were subsequently charged with rioting, false imprisonment and other offences. Four pleaded guilty before trial, while the remaining two were convicted after trial. Excluding the boy who was 13 at the time of the incident, the other five were sentenced to between 7 and 37 months in prison at the District Court on Wednesday (11th). District Court Judge Edmond Lee pointed out that the assaulted officer had committed no misconduct and that his personal safety should be protected by law. The judge stated that the officer's detention and harm by protesters deserved severe condemnation. However, the judge noted that the officer’s confinement was not lengthy and did not involve binding or torture. He also agreed that the rioting and unlawful assembly in this case were relatively minor compared to similar cases. Exercising judicial discretion to reduce the sentences, the judge further took into account factors such as certain defendants being the sole financial providers for their children, the four years that had elapsed since the incident, and their secondary roles.
2019 年 10 月 13 日，一名便衣警員疑在將軍澳尚德邨示威現場被示威者「私了」，事後 3 男 3 女被控暴動及非法禁錮等罪，當中 4 人開審前認罪，餘下兩人經審訊後罪成。除案發時 13 歲少年外，另 5 人周三（11 日）在區域法院被判囚 7 個月至 37 個月。
法官李俊文指，受襲警沒作出不當行為，其人身安全應受到法律保障，但遭示威者禁錮及傷害，應當嚴厲譴責。惟法官認為，受襲警被禁錮歷時不長，過程不涉捆綁或折磨等；亦同意本案的暴動和非法集結較同類案件輕微。法官另考慮有被告為子女經濟支柱、案發至今已 4 年、角色次要而酌情減刑。
10 Oct 2023法庭線#8470
反修例期間被指發表不當言論遭革職 官中教師入稟申司法覆核求推翻決定
A female teacher was accused of posting inappropriate remarks on Facebook during the 2019 anti-extradition bill protests. After a disciplinary hearing found her conduct improper, she was dismissed by the Civil Service Bureau. She filed for judicial review in the High Court on Monday (the 9th), arguing that the dismissal decision involved procedural impropriety and improperly interfered with her freedom of speech and expression.
The application stated that the applicant’s Facebook posts were visible only to “friends” and that the posts in question were circulated by an unknown person without her consent. It also argued that there was no evidence that the posts affected her professional teaching. Classroom observation records showed that she had never mentioned content insulting the police or used foul language in class, nor had she discussed political issues including June 4, class boycotts or marches. She asked the court to quash the bureau’s decision to dismiss her.
一名女教師被指 2019 年反修例期間，在 Facebook 發表不當言論，經紀律聆訊後被裁定行為不當，遭公務員事務局革職。她周一（9 日）入稟高院提請司法覆核，指當局革職決定涉程序失當，不恰當干預其言論及表達自由。
入稟狀提到，申請人 Facebook 帖文只供「朋友」閱讀，涉案帖文由不知名人士，在未經申請人同意下散播開去；又指沒證據顯示，帖文影響申請人的專業教學。而觀課紀錄顯示，她在課堂未曾提及辱警內容或涉粗言穢語，亦沒有談論六四、罷課、遊行等政治議題，要求法庭撤銷局方革職決定。
8 Oct 2023明報#8461
獅子山展詩句 社運陳伯被捕 涉違《郊園規例》擅展條幅 准保釋
Social activist Ki Kau Chan, known as “Grandpa Chan,” was arrested after displaying words on Lion Rock. Police confirmed that they arrested a 76-year-old man surnamed Chan last Thursday on suspicion of violating the Country Parks and Special Areas Regulations. He was granted bail. When contacted by this newspaper yesterday, Ki Kau Chan said, “I merely lost more than six hours of freedom on the 5th (last Thursday); I am safe,” and was not available for interview for the time being.
人稱「陳伯」的社運人士陳基裘因在獅子山展示字句被捕。警方確認上周四曾拘捕一名76歲陳姓男子，涉違《郊野公園及特別地區規例》，已獲准保釋。本報昨曾向陳基裘查詢，他稱「只不過在5日（上周四）失去了6個多小時自由，現平安」，暫不受訪。
7 Oct 2023法庭線#8459
11.18油麻地｜15人暴動罪成 5青年入教導所 10人監禁46至49月
In November 2019, police surrounded protesters inside the Polytechnic University. A total of 213 people were charged with rioting over an alleged attempt to “besiege Wei to rescue Zhao” in Yau Ma Tei, and the cases were heard separately. In the case involving 15 people, the defendants either pleaded guilty before trial or were convicted after trial. Acting Judge Lau Yee-wan sentenced five students, currently aged 18 to 19, to training centre orders at the District Court on Saturday (the 7th), while another 10 were jailed for 46 to 49 months.
The judge said the riot took place in an area surrounded by residential and commercial buildings. Considering the scale and degree of violence, the number of petrol bombs, the protesters’ supplies and the damage to public facilities, it was clear that the protesters had come prepared and had participated in the riot in an organised manner. The circumstances were serious and the nature of the offence was grave. The judge also said that, regardless of when the defendants joined the riot, they must have known that the protesters were confronting police; joining the crowd would embolden the rioters and cause the riot to continue.
The judge took into account the defendants’ positive lives while on bail, their service to the community, and their studies and rehabilitation, and exercised discretion to reduce their sentences by two months. As the defendants admitted most of the prosecution’s facts during the trial, and although some had cross-examined witnesses, their questions were focused and they had made appropriate use of court resources, the trial concluded within the scheduled dates and they received a further three-month reduction.
2019 年 11 月，警方圍堵理工大學內示威者，213 人涉在油麻地「圍魏救趙」，被控暴動，分成多案審理。其中涉 15 人案件，被告分別開審前認罪或經審訊後定罪。暫委法官劉綺雲周六（7 日）在區域法院判 5 名現時 18 至 19 歲的學生入教導所，另外 10 人被判監 46 至 49 個月。
法官指，是次暴動案發生於商住大廈臨立的地方，考慮本案暴力規模及程度、汽油彈數量、示威者的物資、公共設施被破壞，可見示威者有備而來，有組織參與暴動，情節嚴重、性質惡劣。法官又指，不論被告可時加入暴動，必然知悉示威者與警方對峙，他們加入人群會助長暴動者氣焰，令暴動持續。
法官考慮眾被告候審時積極生活、服務社會，有學習及更生，酌情扣減兩個月。而審訊時被告同意大部分控方案情，即使有部分人曾盤問證人，問題亦聚焦，恰當運用法庭資源，審訊在預訂日子內完結，獲減刑 3 個月。
6 Oct 2023法庭線#8450
九龍城潑水節｜3人被控襲輔警、TVB記者 准保釋須每天報到
At the Kowloon City Water Splashing Festival on 9 April 2023, three men, including Tsang Wai-shing, known as “Brave Dog”, were accused of assaulting three auxiliary police officers and three TVB reporters. They were charged with three counts of assaulting a police officer and two counts of common assault. Two of them were additionally charged with one count of common assault. The case came before the Kowloon City Magistrates’ Courts for the first time on Friday (the 6th). All three defendants were legally represented. The defence applied to adjourn the case to 1 December for the purpose of obtaining documents, and the application was approved by Chief Magistrate Don Man Lung So. After hearing the defence’s submissions, the magistrate granted the three defendants bail of HK$20,000 in cash, on the conditions that they not leave Hong Kong, reside at their reported addresses and report to a police station daily.
2023 年 4 月 9 日九龍城潑水節，被稱為「勇狗」的曾維誠等 3 男子涉襲擊 3 名輔警警員 3 名 TVB 記者，被控 3 項襲警罪和 2 項普通襲擊罪；2 人另被控 1 項普通襲擊罪，案件周五（6 日）在九龍城裁判法院首次提堂。
3 名被告均有法律代表，辯方申請押後至 12 月 1 日再訊，以索取文件，獲主任裁判官蘇文隆批准。控方要求增加保釋條件，聽取辯方陳詞後，官下令 3 人以兩萬元現金保釋，期間不准離開香港、居住於報稱地址及每天到警署報到。
6 Oct 2023法庭線#8451
持學聯會址物業公司入稟要求披露帳目等 官續批禁令凍結學聯戶口
The HKFS and Student Activities Fund Limited, which holds the property used as the office premises of the Hong Kong Federation of Students (HKFS), filed a case in the District Court in July 2023 seeking an order requiring HKFS to disclose its accounts and return the keys and possession of the two office premises. The plaintiff said the defendants had the power to control HKFS’s bank account and that there was a risk of the assets being improperly used. A judge granted an injunction freezing HKFS’s bank account.
The case was heard at the District Court on Friday (the 6th). The plaintiff applied to extend the injunction and the application was approved by Judge Leung Kwok-on in the defendants’ absence. The Judiciary’s website had not yet listed the date of the next hearing.
持有香港專上學生聯會（學聯）會址物業的「學聯及學生活動基金有限公司」，2023 年 7 月入稟區域法院，要求頒令學聯披露帳目，以及交還兩個會址的鎖匙及管有權。原告方指被告人有權控制學聯銀行戶口，有風險不當地使用資產，獲法官批出禁制令凍結學聯銀行戶口。
案件周五（6 日）在區域法院聆訊，原告方申請延長禁制令，在被告方缺席聆訊下，獲法官梁國安批准。司法機關網頁暫未有下次聆訊日期。
5 Oct 2023法庭線#8445
11.12中環｜10人暴動罪成囚31.5至48月 官指早有預謀、滋擾金融中心核心範圍
On 12 November 2019, people launched a “Lunch with You” gathering in Central, and 28 people were charged with rioting. In one case involving 10 people, six pleaded guilty before trial, one changed their plea to guilty midway through the trial, and the remaining three pleaded not guilty and stood trial; they were previously found guilty. The 10 were sentenced at the District Court on Thursday (the 5th) to between 31.5 and 48 months’ imprisonment.
In the judgment, Judge Clement Lee said the seriousness of the riot was moderate. The judge described the case as premeditated and criticised the rioters’ conduct, including damaging a double-decker bus and setting up roadblocks.
The judge divided the defendants’ individual culpability into three levels: lower culpability, involving deliberately remaining at the scene to swell the numbers; medium culpability, involving indirect participation in the riot, such as directly or indirectly taking part in blocking roads at the scene; and higher culpability, involving direct participation in the riot, such as charging at or attacking police. The defendants waved to their relatives and friends in the public gallery as they entered their prison cells.
2019 年 11 月 12 日，有人發起中環「和你 lunch」，28 人被控暴動。其中一宗涉及 10 人的案件，6 人開審前認罪，1 人審訊中途改認罪，餘下 3 人不認罪受審，早前被裁定罪成。10 人周四（5 日）在區域法院判刑，被判囚 31.5 個月至 48 個月。
法官李慶年於判詞稱，是次暴動嚴重程度屬中度，形容案件是早有預謀，又斥責暴徒行為惡劣，包括破壞雙層巴士、架設路障等。
法官將被告的個人罪責分為三級，分別為罪責較低的蓄意留守，壯大聲勢；罪責中度的間接參與暴動，如在暴動現場直接或間接參與堵路；及罪責較高的直接參與暴動，如衝擊或襲擊警方。眾被告步入囚室時向旁聽親友揮手。
5 Oct 2023法庭線#8446
涉為2還押者冒簽助索償警務處 男子認串謀製虛假文書囚2月 官指情節嚴重
Between March and June 2023, a 64-year-old retired woman and a 33-year-old man were alleged to have signed writs of summons on behalf of two men remanded at Lai Chi Kok Reception Centre, helping them file claims against the Police. All four were charged with conspiracy to make false instruments and other offences. The retired woman earlier pleaded guilty and was sentenced to five months’ imprisonment. The man, now 34, pleaded guilty at West Kowloon Magistrates’ Courts on Thursday (5th) and was sentenced to two months’ imprisonment.
The case was told that the two men, who were remanded in connection with another case, wanted to file claims against the Police, alleging that they had been assaulted by police officers in 2020. Early March was the deadline for commencing the civil proceedings. During visits, they asked the defendants to help handle the matter. The defendant signed documents on their behalf and submitted them to the court for filing. In mitigation, the defence said the defendant had foolishly believed that being authorised meant he could sign the documents. He had cooperated after his arrest and admitted signing on their behalf. The defence also said the case had incurred little in legal costs and caused no significant loss to the Police.
Acting Principal Magistrate Veronica Shuk Han Heung said signing documents on behalf of others was serious, as the defendant had misled the Police and the court into accepting that the documents had been signed by the parties concerned. The two defendants in the same case who were remanded in connection with another case pleaded not guilty. The case was adjourned to 2 November for mention. They did not apply for bail and were further remanded pending the hearing.
2023 年 3 月至 6 月，一名 64 歲退休婦與 33 歲男子，被指為兩名正在荔枝角收押所還押的男子，冒簽傳訊令狀，助 2 人入稟向警務處索償。4 人被控「串謀製造虛假文書」等罪，退休婦早前認罪判囚 5 個月；現年 34 歲男子周四（5 日）在西九龍裁判法院認罪，判囚 2 個月。
案情指，兩名涉另案還押人士，當時希望入稟向警務處索償，稱 2020 年被警員襲擊，而 3 月初為提出民事訴訟的期限。探監時，他們要求被告助自己處理，被告為他們冒簽文件後呈交法庭存檔。辯方求情指，被告愚蠢地以為獲授權後即可簽名，他被捕後表現合作及坦承冒簽；又指本案招致的法律開支不多，對警務處沒重大損失。
署理主任裁判官香淑嫻則指，冒簽文件情節嚴重，被告誤導警方和法庭接納文件由事主簽名。同案兩名正涉另案還押的被告則不認罪，案件押後至 11 月 2 日再訊。兩人沒保釋申請，續還押候訊。
5 Oct 2023法庭線#8447
7.21元朗｜4白衣人事隔4年被控暴動等 2人申保釋被拒 3人續還押1人准保釋候訊
Four more men, all white-clad, were charged in early July—four years after the Yuen Long 7.21 attack—with rioting and conspiracy to wound with intent. The four appeared at the District Court on Thursday (the 5th) for a mention.
The first and third defendants applied for bail, which the prosecution opposed. After hearing submissions from both sides, the judge Chung Ping Pang adjourned the matter several times before ultimately refusing the applications. The second defendant, who had no legal representation, appeared in person and indicated that he was applying for legal aid. When the judge asked whether he was applying for bail, the defendant replied with a laugh: “I’m not applying for bail.” The fourth defendant was allowed to remain on bail. The case was adjourned to November 30 for a further mention.
「元朗 7.21 襲擊」事隔 4 年，再多 4 名男子於 7 月初被落案起訴暴動及串謀有意圖傷人罪，4 人均為「白衣人」。案件周四（5 日）在區院提訊。
首被告和第三被告有保釋申請，控方反對，法官彭中屏聽取雙方陳詞後，數度押後考慮，終拒絕申請。次被告沒有法律代表，親自應訊指正申請法援，當法官問及他有否保釋申請，被告笑指「我唔擔保啊」。第四被告則續准保釋。案件押後至 11 月 30 日提訊。
Translations are supplied by the source workbook. Consult the original reporting for context.
