25 Sept 2023法庭線#8410
陳朗昇旺角採訪阻差辦公罪成 判囚5天准保釋候上訴 官指「肆無忌憚」發問
Chan Long-sing, multimedia production director at online media outlet Channel C and chairperson of the Hong Kong Journalists Association, was arrested in September 2022 while covering an owners’ meeting of Long Ping Estate in Yuen Long at the MacPherson Stadium in Mong Kok after allegedly refusing to show his identity card to police officers. He was convicted of obstructing a police officer in the execution of duty at the West Kowloon Magistrates’ Courts on Monday (25th).
Magistrate LEUNG Ka-kie rejected Chan’s testimony, saying it was not his genuine belief at the time. Leung also accepted that police had reasonable grounds to stop and search Chan, and said the officer had identified himself at the time of the incident, satisfying the purpose of Chan’s questions. Chan nevertheless continued asking questions, which the magistrate described as “reckless and unreasonable”.
Leung adopted seven days’ imprisonment as the starting point for sentencing and, taking into account Chan’s background and contributions in the media sector, exercised discretion to reduce the sentence by two days. The defence’s application for bail pending appeal was approved. Chan must not leave Hong Kong, must surrender all travel documents and must report to a police station twice a week. Outside court, Chan said the public could see the court’s view and that “justice lies in the hearts of the people”. He expected to be unable to attend overseas conferences, but said this would not affect his work as HKJA chairperson.
The Hong Kong Journalists Association said it was extremely disappointed with the ruling, saying that a journalist who was arrested while conducting an interview and exercising a basic right, and who had done his best to cooperate with the police operation, had subsequently been convicted by the court. It said this “sends a strong signal to the outside world that Hong Kong is using the law as a pretext to target journalists and obstruct news reporting”, and considered it showed that press freedom had “not improved and had even deteriorated”. The Hong Kong Federation of Journalists said in a statement that the ruling demonstrated legal justice and “once again conveyed an important message to society: there is no ‘press freedom’ that is above the law”.
網媒《Channel C》多媒體製作主任、記協主席陳朗昇，2022 年 9 月前往旺角麥花臣場館採訪元朗朗屏邨業主大會時，被指拒向警員出示身份證被捕。他周一（25 日）在西九龍裁判法院被裁定「阻差辦公」罪罪名成立。
裁判官梁嘉琪拒絕接納陳的證供，指並非他當時的真實信念，梁亦接納警員有合理理由截查陳，又指案發時警員已道出身份，達到陳發問目的，惟陳仍繼續詢問，指他「肆無忌憚、不合情理地發問」。
梁以 7 天監禁為量刑起點，考慮陳於傳媒界的背景和貢獻，酌情扣減 2 天。辯方申保釋候上訴獲批准，期間不得離港，並須交出所有旅遊證件，每周 2 天到警署報到。陳在法院外指，公眾可看到法庭的看法，認為「公道自在人心」，預計未能出席海外會議，惟不影響記協主席工作。
記協指對裁決極度遺憾，又指警方拘捕正進行採訪工作、行使基本權利，並盡力配合警方行動的記者，再由法庭定罪，「向外界釋出香港以法律為名，針對新聞工作者，阻撓新聞採訪的強烈訊號。」認為顯示新聞自由「並無改善甚至惡化」。新聞聯則發聲明指，判決彰顯法律公義，「再次向社會傳遞出一個重要信息﹕沒有不守法的『新聞自由』」。
22 Sept 2023法庭線#8400
Zeek被追薪 兩送貨員申索逾7萬元勝訴 公司方續缺席聆訊
The operating company of online logistics platform Zeek (Zebra) has again faced claims for unpaid wages. Two delivery workers each claimed more than $70,000. The two cases were heard at the Labour Tribunal on Friday (22nd), with no company representative present.
The adjudicator ruled in favour of the delivery worker in the first case and ordered the company to pay more than $30,000 in unpaid wages. In the other case, involving a truck driver, the adjudicator said the company had “submitted no defence documents and did not even attend the hearing”. The driver was also ruled to have been in an employment relationship with the company and to have won the case, with the company ordered to pay more than $30,000 in unpaid wages.
網上物流平台 Zeek（斑馬）的營運公司，再被入稟追討欠薪。兩名送貨員分別索償逾 7 萬元，兩案周五（22 日）在勞資審裁處聆訊，公司代表缺席。
審裁官裁定首案送貨員勝訴，公司須賠償逾 3 萬元欠薪。至於另一案的貨車司機，審裁官稱公司「沒有呈交任何辯護文件，甚至沒有出席聆訊」，裁定司機勝訴，與公司存僱傭關係，公司須賠償逾 3 萬元欠薪。
22 Sept 2023獨媒#8406
願榮光禁制令案 律政司增「額外上訴理據」 擬重新加入早前已被拒絕的理據
The Department of Justice sought a High Court order banning the public online broadcasting of the anti-extradition bill song “Glory to Hong Kong”, but was rejected by Judge Anthony Kin Keung Chan. The Department appealed, and Judge Chan granted leave to appeal only on some grounds. The Judiciary website shows that the Court of Appeal is scheduled to hear the case on 19 December. The Government issued a statement this afternoon announcing the Department of Justice’s “additional grounds of appeal”, which were grounds previously rejected by Judge Chan. They mainly dispute claims that the injunction is ineffective and would have a “chilling effect”. For example, the Department of Justice said Judge Chan had wrongly claimed that the injunction document was difficult to read, arguing instead that the injunction clearly sets out what is prohibited and what is permitted, and would not have a “chilling effect” on innocent members of the public. In other words, the Department of Justice is seeking to reintroduce grounds that had already been rejected in order to overturn Judge Chan’s decision.
律政司要求高院頒令禁止在網上公開播放反修例歌曲《願榮光歸香港》，遭法官陳健強拒絕，律政司提出上訴，陳官只批准就部份理據上訴，司法機構網站顯示，上訴庭定於12月19日聆訊。政府今午發稿，公佈律政司的「額外上訴理據」，是早前已被陳官拒絕的理據，主要反駁禁制令沒有效用及「寒蟬效應」說法。例如律政司指陳官錯誤地指稱禁制令文件不易閱讀，反指禁制令已清晰地列出什麼事不被容許、什麼是被容許，不會對清白市民造成「寒蟬效應」。換言之，律政司申請重新引入已被拒絕的理據，推翻陳官的決定。
21 Sept 2023法庭線#8394
4人被控透過中小企百分百擔保貸款計劃 串謀欺詐逾473萬元 由國安處調查
Four men and women aged between 23 and 48 were charged by the Police National Security Department with one count of conspiracy to defraud over HK$4.73 million through the SME 100% Guarantee Scheme. The case came before West Kowloon Magistrates’ Courts for the first time on Thursday (the 21st), and the defendants were not required to enter pleas for the time being.
The prosecution applied to adjourn the case until 16 November for further police investigation and to seek legal advice from the Department of Justice. The first defendant was remanded in custody in another case, while the remaining defendants were granted bail on condition that they not leave Hong Kong, surrender their travel documents, reside at their reported addresses and report to a police station once every two weeks.
4 名 23 至 48 歲男女，被指透過中小企百分百擔保貸款計劃，詐騙逾 473 萬元，被警方國安處起訴一項串謀欺詐罪，案件周四（21 日）在西九龍裁判法院首次提堂，被告暫毋須答辯。
控方申請將案件押後至 11 月 16 日再訊，以待警方進一步調查及向律政司索取法律意見。除首被告因另案還押外，其餘被告獲准保釋外出，另不得離港、需交出旅遊證件、居住報稱地址，以及每兩周到警署報到一次。
21 Sept 2023法庭線#8396
1.19中環｜3男暴動等罪成囚40至58月 官指知悉警員身分施襲須加刑
On 19 January 2020, Liu Wing-kwong, one of the defendants in the “47 pro-democracy primary defendants case”, organised the “Sanctions from All Under Heaven” rally at Chater Garden in Central. The rally was subsequently halted at police request, and some protesters chased and assaulted police officers to Cheung Kong Centre. Three men were convicted of rioting and other charges and were sentenced at the District Court on Thursday (21st). Judge Cheung Kit-yee pointed out that the case originated from the police requesting the termination of the rally. Those present were dissatisfied and, fully aware of the officers' identities, surrounded and assaulted them. Two of the defendants received enhanced sentences for their direct involvement in the assault. The judge noted that the incident was spontaneous, involved a small number of assailants, and lasted for a brief period. Sentences were reduced considering factors such as the defendants' young age, clean criminal records, or agreement to most of the prosecution's facts. Ultimately, they were sentenced to imprisonment ranging from 40 to 58 months.
2020 年 1 月 19 日，「民主派初選 47 人案」被告之一的劉頴匡，在中環遮打花園發起「天下制裁集會」。及後集會因警方要求而中止，有示威者追打警員至長江中心。3 男暴動等罪成，周四（21 日）在區域法院判刑。
法官張潔宜指，本案源於警方要求終止集會，當時在場人士感不滿，知悉警員身分下包圍並對其施襲，其中兩被告因涉參與襲擊而需加刑。法官指，本案屬突發性，施襲人數不多及歷時短暫，因被告年輕、無案底或同意大部分案情等因素而減刑，最終判囚 40 至 58 個月。
19 Sept 2023獨媒#8383
2019年診所受催淚彈波及 醫生向警索償逾672萬 高院拒批准3名涉事警員匿名
On November 18, 2019, during a police operation to surround Polytechnic University, police fired tear gas. An ear, nose and throat doctor at a clinic in Tsim Sha Tsui alleged that officers mistakenly fired a tear-gas canister into the premises, causing a fire and damage to equipment. The doctor filed a claim against the Commissioner of Police in the High Court the year before last, seeking more than HK$6.72 million in damages. The Department of Justice applied for anonymity orders for the three officers involved. In a decision handed down by the High Court on Tuesday (19th), the court said the claim concerned allegations that the officers had abused their powers, making their ranks, identification numbers, duties at the time and orders relevant to the case. It also said existing laws, including injunctions against doxxing police officers and the Personal Data (Privacy) Ordinance, were sufficient to protect the officers from doxxing, and ultimately refused to grant anonymity.
2019年11月18日，警方在圍堵理大行動期間發射催淚彈，尖沙咀一間診所的耳鼻喉科醫生指稱警員誤將催淚彈射進其單位，導致起火及設備損毁，前年入稟高院向警務處長索償逾672萬元。律政司替3名涉事警員申請匿名令，高院周二（19日）頒下決定，指是次申索關乎他們被指控濫用權力，因此警員職級、編號、當時職務及指令於本案而言是重要，加上現行法律包括針對「起底」警員的禁制令及個人資料私隱條例，已足夠保護涉事警員免受「起底」，最終拒絕批准匿名。
19 Sept 2023獨媒#8384
陪審團因商議太長、提問錯重點遭解散 上訴庭關注或有不公批出許可
In a criminal trial, a judge has the discretion to discharge a jury. However, in a drug-trafficking case in the High Court last year, the judge Amanda Jane Woodcock was challenged on appeal over allegedly improperly discharging the jury. The six-member jury deliberated for about a day and a half and submitted three written questions to the judge. It asked whether it was fair for a West African defendant who understood neither Chinese nor English to sign a notification form for detained persons that he could not understand, and whether a conviction could be based on the defendant knowing that he had brought an illegal item to Hong Kong. Judge Hu considered that the jury had spent a long time deliberating but still could not reach an effective verdict, and that its questions showed it had failed to grasp the “basic principles”. He therefore decided to discharge the jury. The West African defendant was subsequently unanimously convicted by a newly constituted jury and sentenced to 22 years and three months’ imprisonment.
在刑事案審訊中，法官有酌情權解散陪審團，不過高院去年在一宗販毒案，法官胡雅文就被質疑不當解散陪審團而被上訴。6人陪審團退庭商議約一日半，期間3度透過書面向法官提問，問及不諳中英文的西非籍被告，要簽署看不懂的羈留人士通知書是否公平，又問定罪是否基於被告知悉攜非法物品來港。胡官認為陪審團已花長時討論，但仍未能作出有效裁決，加上提問顯示陪審團未能掌握「基本原則」，於是決定解散陪審團。西非籍被告其後被新組成的陪審團一致裁定罪成，判監22年3個月。
18 Sept 2023法庭線#8376
10.6灣仔｜16歲少女開審前認暴動 兩度索報告均不建議判入教導所 判囚31月2周
On Oct. 6, 2019, the day after the Prohibition on Face Covering Regulation took effect, clashes broke out in Wan Chai. Many people were arrested and charged with offences including rioting. In one case involving nine people, seven were convicted after trial. Three of the underage defendants were sentenced to training-centre detention, while the other four were jailed for 50 to 51 months.
The remaining 16-year-old girl, who pleaded guilty before the trial began, was sentenced on Monday (18th) at the West Kowloon Magistrates’ Courts, sitting as a District Court. Reports sought by the court on two occasions did not recommend training-centre detention. The defence said in mitigation that the defendant had been diagnosed with an emotional disorder from a young age and suffered from depression, anxiety and other conditions, and hoped the court would exercise its discretion to sentence her to a training centre.
Acting Judge LEUNG Ka-kie cited the reports as saying that the defendant was taking high doses of psychiatric medication, causing reduced concentration, irritability and insomnia. The judge considered that she was unable to follow the training-centre programme. The judge said that departing from the recommendations would not serve the interests of the defendant or society, leaving imprisonment as the only option. Taking into account her guilty plea, age and emotional disorder, the judge exercised discretion to reduce the sentence and jailed her for 31 months and two weeks.
2019 年 10 月 6 日，《禁蒙面法》生效翌日，灣仔一帶爆發衝突，多人被捕、被控暴動等罪。其中一宗涉及 9 人的案件，7 人經審訊後被裁定罪成，當中 3 名未成年被告被判入教導所，另外 4 人判監 50 至 51 個月。
餘下一名在開審前認罪的 16 歲少女，周一（18 日）在西九龍裁判法院（暫代區院）判刑。法庭兩度為被告索取的報告均不建議判入教導所，辯方求情指被告自幼被診斷為情緒紊亂，患上抑鬱、焦慮等症，期望法庭行使酌情權將她判入教導所。
暫委法官梁嘉琪引述報告指，被告服食重劑量精神科藥物，令她專注力下降、煩躁和失眠，認為她無能力跟從教導所的訓練。法官認為若偏離報告建議，不符被告個人及社會利益，只能判監，考慮被告認罪、其年紀及患情緒紊亂，酌情減刑後判囚 31 個月 2 周。
18 Sept 2023法庭線#8377
11.18油麻地｜6人暴動罪成囚47至63月 官指場面極暴力 嚴重性不比梁天琦案低
In November 2019, police surrounded protesters inside the Polytechnic University. A total of 213 people were charged with rioting in connection with an attempt in Yau Ma Tei to relieve the siege by surrounding the police, and the cases were heard separately. In the case involving six people, four were convicted after trial and two pleaded guilty before trial. They were sentenced at the District Court on Monday (18th) to between 3 years 11 months and 5 years 3 months in prison.
Acting judge CHAN Wai-mun said the numbers of police and protesters were disproportionate at the time, and that the protesters had thrown at least 251 petrol bombs. The judge described the scene as “extremely violent” and said its seriousness was no less than that of the Edward Leung case. In mitigation, the defence submitted that the prosecution had been delayed and that the defendants would have difficulty caring for their families if imprisoned. The judge rejected the submissions, saying that a large number of riot cases had emerged and that the police and courts had devoted all available manpower and resources to dealing with them. The judge also criticised the defendants, saying they had brought it upon themselves. After the hearing, spectators waved to the defendants and shouted, “Take care.”
2019 年 11 月，警方圍堵理工大學內的示威者，213 人涉在油麻地「圍魏救趙」，被控暴動，分成多案審理。當中涉及 6 人的案件，4 人經審訊後被裁定罪名成立，與兩名開審前認罪被告，周一（18 日）在區域法院被判監禁 3 年 11 個月至 5 年 3 個月。
暫委法官陳慧敏指，當時警方和示威者人數懸殊，又指示威者投擲至少 251 枚汽油彈，「場面極之暴力」，嚴重性不比梁天琦案低。辯方求情指，控方檢控延誤、被告一旦入獄，難以照顧家人，惟法官拒絕接納，指有大量暴動案件湧現，警方、法庭已傾盡人力物力處理，又批評是被告咎由自取。散庭後，旁聽人士向被告揮手及高呼「保重」。
17 Sept 2023獨媒#8375
南丫海難十一周年終開死因聆訊 女長毛續辦相展：到死的一刻也不會忘記
Next month marks the 11th anniversary of the Lamma ferry disaster. Following last year’s first public exhibition by “Lui Yuk Lin” Lui Yuk Lin of the photographs she took after Lamma IV was hit and salvaged, she is holding the “Lamma Ferry Disaster 11th Anniversary Photo Exhibition” in Mong Kok on Saturday and Sunday evenings. She said it was “absolutely not simple, absolutely difficult” to successfully convene the inquest after 11 years. Even if Hong Kong people gradually forget the tragedy, she will not forget it until the moment of her death, and hopes justice and the truth can be delivered to the victims’ families as soon as possible.
下月是南丫海難十一周年，繼去年「女長毛」雷玉蓮首次公開她拍攝「南丫四號」被撞毁後打撈的相片，她於周六、日傍晚在旺角舉行「南丫海難11周年圖片展」。她指，用十一年時間才成功召開死因聆訊「絕對唔簡單、絕對艱難」，即使港人日漸遺忘是次慘劇，她到死的一刻也不會忘記，盼能盡早還死難者一個公道及真相。
Translations are supplied by the source workbook. Consult the original reporting for context.
