14 Jul 2023法庭線#7994
11.11馬鞍山「火燒人」｜夫婦被指喧嘩擾亂秩序 辯方指說話沒加劇暴力發生可能性
On 11 November 2019, a middle-aged man in Ma On Shan chased and berated a black-clad person suspected of damaging MTR facilities. He later became involved in an argument with others, and was splashed with flammable liquid and set alight. A husband and wife were accused of shouting remarks including “Go back to the Greater Bay Area” at the middle-aged man. They were acquitted at trial, but the Department of Justice successfully appealed, and the High Court remitted the case to the trial court for reconsideration of its decision. The case continued at Eastern Magistrates’ Courts on Friday (14th).
2019 年 11 月 11 日，一名中年漢在馬鞍山，追罵疑破壞港鐵設施的黑衣人，及後再與人爭執，被淋潑易燃液體及點火。一對夫婦被指曾叫中年漢「返大灣區啦」等，原審無罪，律政司上訴得直，高院發還原審重新考慮裁決，案件周五（14日）於東區裁判法院續審。
14 Jul 2023法庭線#7995
陳虹秀等4人暴動無罪 律政司上訴得直 上訴庭發還重審
Former District Court judge Siu Man Sham, who has since left the post, acquitted six people of conspiracy to riot in two cases in 2020 and 2021, and eight people including social worker Chan Hung-sau of rioting, bringing the total to 14 people acquitted. The case against Chan failed to establish a prima facie case, and she was released in court. Dissatisfied with the rulings, the Department of Justice appealed by way of case stated against the acquittals of 13 people in the two cases and rearrested them; nine of them had already left Hong Kong.
已離職的前區院法官沈小民，分別於 2020 及 2021 年，在兩案中裁定 6 人「串謀暴動」罪，及社工陳虹秀等 8 人「暴動」罪，共 14 人罪名不成立，其中陳表證不成立，當庭釋放。律政司不服裁決，以案件呈述方式，就其中 13 人的無罪裁決，分兩案提上訴，並重新拘捕各人，當中 9 人已離境。
13 Jul 2023法庭線#7976
11.18油麻地｜15人暴動罪成 黃子悅等14人囚36至52月 案發16歲少年入教導所
During the clashes at Polytechnic University on 18 November 2019, police launched a round-up operation in the Yau Tsim Mong area and arrested more than 200 people. In the case involving 15 people, 10 including former Scholarism spokesperson Prince Wong Ji-yuet pleaded guilty, while the remaining five were also convicted after trial. Acting Judge Stephanie May Har Tsui on Thursday (the 13th) sentenced 14 defendants at the District Court to between 36 and 52 months’ imprisonment. Prince Wong Ji-yuet, who pleaded guilty, was sentenced to 37 months, while a defendant who was 16 at the time of the incident was sent to a rehabilitation centre.
2019 年 11 月 18 日理大衝突，警方在油尖旺一帶展開圍捕行動，拘捕逾 200 人。其中 15 人的案件，前學民思潮發言人黃子悅等 10 人認罪，餘下 5 人經審訊後亦被裁罪成。暫委法官崔美霞周四（13 日）於區域法院判 14 名被告監禁 36 至 52 個月，當中認罪的黃子悅被判囚 37 個月，另外案發時 16 歲的少年則被判入教導所。
法官指，示威者攜個人裝備到場，是次暴動屬預先計劃，示威者非粗疏行事，而且投擲 251 枚汽油彈，暴力程度非常嚴重。法官指，本案沒證據證明被告有作出暴力行為，但他們留在現場亦屬支持暴力示威者。法官另考慮部分被告曾做義工、曾拯救溺水人士等作酌情扣減，其中提到黃子悅患抑鬱症，但仍做義工及到非牟利團體工作，對社會有莫大貢獻，酌情扣減一個月，判她監禁 37 個月。
13 Jul 2023法庭線#7978
7.1立會｜《熱血時報》記者指警方預告清場後離開大樓 王宗堯料周五作供
The trial of the July 1 Legislative Council riot case continued on Thursday (the 13th) at the West Kowloon Magistrates’ Courts, temporarily serving as the District Court, entering its 26th day, with online media reporter Ma Kai-chung giving evidence. Ma said he was a programme producer for Passion Times at the time of the incident and had been assigned to livestream and film around the Legislative Council that night. He entered the Legislative Council to cover the incident with the company’s permission. After police announced that they would clear the area, Ma decided to leave the building for his own safety and to avoid being caught between protesters and police.
七一立法會暴動案續審，周四（13 日）在西九龍裁判法院（暫代區院）踏入第 26 天審訊，由網媒記者馬啟聰作供。馬供稱案發時為《熱血時報》節目監製，當晚被指派到立法會一帶做直播和拍攝，經公司許可後進入立法會採訪。警方預告清場後，馬為保障自身安全，避免夾在示威者和警方之間，決定離開大樓。
12 Jul 2023法庭線#7971
涉用假「安心」「侵入」入境大樓 審計主任無罪 官指審計署允入辦公室前始掃碼
The Government required everyone entering government premises to scan a LeaveHomeSafe QR code from 1 November 2021. On the morning the measure took effect, five people allegedly used fake LeaveHomeSafe codes to enter the Immigration Tower in Wan Chai. Each was charged with the offence of entering premises under the control or management of a public body. One of them, then an audit officer with the Audit Commission, denied the charge. After trial, Magistrate Minnie Lai Man Wat ruled on Wednesday (the 12th) at the Eastern Magistrates’ Courts that the defendant was not guilty.
In her ruling, the magistrate said the Audit Commission’s secretary confirmed that there was no Audit Commission QR code in the lobby and that the department allowed staff to scan the code outside the office. Therefore, the secretary’s evidence did not support the basis of the prosecution. The magistrate said it could not be ruled out that, when entering the lobby, the defendant believed he only needed to scan the QR code on the 25th floor, where his office was located, and had no intention of trespassing. She found him not guilty.
政府規定，2021 年 11 月 1 日起，凡進入政府處所均須掃描「安心出行」二維碼。5 人於措施生效當日早上，涉使用假「安心」進入灣仔入境事務大樓，各被控「侵入公共機關管轄或管理的物業單位」罪。其中一名時任審計署審查主任否認控罪，經審訊後，裁判官屈麗雯周三（12 日）在東區裁判法院裁定被告罪名不成立。
裁判官裁決時指，審計署秘書確認，大堂不設審計署辦公室的二維碼，署方容許職員在辦公室外才掃碼，故其證供並不支持控方的檢控基礎。裁判官稱，不排除被告進入大堂時，認為只需要掃瞄在 25 樓，屬於其辦公室的二維碼，沒有入侵意圖，裁定他罪名不成立。
11 Jul 2023法庭線#7962
「Zeek」案首確立平台與送貨司機僱傭關係 翻查3大外賣平台資料 皆視外賣員為自僱
Since the COVID-19 pandemic, online logistics and food-delivery platforms have flourished, with foodpanda, Deliveroo and KeeTa (Meituan) entering Hong Kong. A review of website and other information found that the three food-delivery platforms respectively referred to couriers as a “self-employed delivery group”, “self-employed suppliers” and participants in a “new self-employed delivery group scheme”.
The Labour Tribunal earlier ruled that logistics platform Zeek had an employment relationship with six delivery drivers, and ordered the company to pay severance pay, unpaid wages and other sums. A member of Riders' Rights Concern Group, Tak Ching Mak, said the case was the first ruling concerning platform workers and had significant reference value. One rider said work-related accidents occurred frequently, but workers had no labour protection, and urged the industry’s “bogus self-employment” problem to be addressed.
In response to inquiries from The Witness, foodpanda said it had always regarded delivery partners as indispensable partners, actively responded to their views and studied ways to make improvements. Deliveroo and KeeTa had not responded by press time. The Labour Department said it attached great importance to the issue of digital platforms; in addition to studying relevant policies overseas, it was also attempting to collect data on platform workers.
疫情至今，網上物流及外賣平台大行其道， foodpanda、Deliveroo、KeeTa（美團）等進駐香港。翻查網站等資料，3 個外賣平台分別提及外賣員為「自僱送遞團體」、「自僱形式供應商」及提供「全新送遞團體自僱計劃」。
勞資審裁處早前裁定物流平台「Zeek」與 6 名送貨司機為僱傭關係，公司須賠償遣散費、欠薪等。「外賣員權益關注組」成員麥德正指，該案為首宗針對平台勞工的裁決，具重大參考價值。有車手則指，工作意外頻生，卻沒勞工保障，促請正視業內「假自僱」問題。
foodpanda 回覆《法庭線》查詢指，一直視送遞團體為不可或缺的夥伴，積極回應他們的意見，研究改善方案。Deliveroo 及 KeeTa 於截稿前未有回覆。勞工處則指，十分重視數碼平台議題，除了研究外地相關政策，亦正嘗試收集平台工作者的數據。
11 Jul 2023法庭線#7963
物流平台「Zeek」司機追薪勝訴 首案確立僱傭關係 關注組：僱主曾提官「你小心啲判」
In August 2021, amid the pandemic in Hong Kong, a woman in her 30s, identified by the pseudonym “表姐”, found a relatively well-paid job as a fixed-route driver for logistics platform Zeek. She delivered goods around the city for 12 to 14 hours a day and earned $60,000 to $70,000 a month. It was only after her wages were withheld last year that she discovered she was considered “self-employed”, despite wearing a uniform and making deliveries every day.
She said she had entered the industry “to make money”, had not signed a contract and had not considered labour protections. After her wages were withheld, she met an officer from the Labour Department, “did her homework” and appeared in court. This year, a Labour Tribunal adjudicator ruled in her favour in Hong Kong’s first case establishing an employment relationship between a logistics platform and a driver. The court ordered the employer to pay more than $190,000, but she said she had not received a single cent to date.
“After all this time, it turns out [the employer] doesn’t have to pay compensation out of its own pocket ... and the Protection of Wages on Insolvency Fund won’t pay the full amount,” she said with a bitter smile. She said delivery drivers generally had “insufficient education and awareness”. Although the employer had not been made legally liable, she still hoped the victory would help drivers across the industry secure statutory employee rights and protections, such as annual leave.
A member of Riders' Rights Concern Group, Tak Ching Mak, said “bogus self-employment” was common in the industry. This was reflected in what the employer told the adjudicator in court in the present case: “Your ruling will have a major impact on the entire industry, so be careful how you rule.” The member said more than 100 Zeek drivers were still pursuing unpaid wages, and believed the case had “significant reference value” for the operations of other food-delivery and logistics platforms.
2021 年 8 月疫情籠罩香港，不少人「為兩餐」煩惱，30 多歲的表姐（化名）卻找到了一份較高薪工作 —— 物流平台「Zeek」的定線司機。她每日做 12 至 14 小時四圍送貨，月入 6 至 7 萬元。直至去年被拖糧，才發現每天穿起制服派件的自己，原來是「自僱人士」。
她坦言當初入行「為搵錢」、沒簽合約，亦沒想過勞工保障。被拖糧後，她約見勞工處主任、「做足功課」上庭，今年獲勞資審裁官裁定勝訴，是本港首宗確立物流平台與司機為僱傭關係的案件。法庭裁定僱主須賠逾 19 萬元，不過表姐指至今沒收到一分錢。
「搞咗咁耐，原來佢又唔係自己扲荷包賠錢 ... 破欠（基金）又攞唔足」，表姐苦笑，她指送貨司機這行業「學歷、認知唔夠」，雖然僱主沒法律責任「上身」，仍盼今次勝訴能為整體同行爭取到年假等法定僱員權利和保障。
「外賣員權益關注組」成員麥德正指，「假自僱」於行內常見，正如本案僱主在庭上向審裁官所指，「你個判決係好影響成個行業㗎，你小心啲判啊」。他透露，現時仍有逾百名「Zeek」司機正追薪，又認為本案對其他外賣或物流平台的營運有「重大參考價值」。
11 Jul 2023獨媒#7966
百宗追薪案待訊 Zeek管理公司遭清盤 代表曾言「無錢」
Some “fixed-route drivers” in Zeek wage claims have won their cases, but whether they can receive full compensation remains unknown. According to court records, Kin Shun Information Technology Management Limited, one of the companies named as defendants in the unpaid-wages cases, has been served with a winding-up petition filed by another company. The case is scheduled for a hearing on July 19. Tak Ching Mak, an officer of the Christian Industrial Committee, said 30 Zeek drivers had sought assistance, and around 100 Zeek-related hearings are currently scheduled.
Zeek追薪案有「定線司機」獲判勝訴，不過可否拿足賠償，仍是未知數。根據法庭資料，欠薪案被告公司之一「建順資訊科技管理有限公司」被另一公司入稟申請清盤，案件排期在7月19日聆訊。基督教工業委員會幹事麥德正透露，有30名Zeek的司機求助，現時約有100宗與Zeek的聆訊正在排期。
10 Jul 2023獨媒#7957
涉口岸爆炸品案 浸大女生還柙1年5個月 第二度高院申保釋遭拒
Explosives were found in public toilets at Caritas Medical Centre and Shenzhen Bay Port, and in a Lo Wu MTR train compartment in early 2020. The Telegram channel “九十二籤” subsequently claimed responsibility and demanded that the Hong Kong Government “completely close the border” in response to the pandemic. Seven men and women were charged under the Anti-Terrorism Ordinance with the offence of prohibiting explosions at prescribed targets. A female fourth-year Baptist University student applied for bail in the High Court this morning (10th), but after hearing submissions from both the prosecution and defence, judge Susana Maria D'Almada Remedios refused bail. The student must remain in custody. According to the Judiciary website, the case is scheduled to go to trial in August 2024, meaning she will have been remanded for nearly two and a half years by then.
2020年初明愛醫院公廁、深圳灣口岸公廁及羅湖港鐵車廂相繼發現爆炸品，事後Telegram頻道「九十二籤」承認責任，要求港府因應疫情「全面封關」。7男女被控反恐條例下的「對訂明標的的爆炸的禁制罪」，其中就讀浸大四年級的女學生今早（10日）向高院申請保釋，惟法官李素蘭聽畢控辯雙方陳詞後，拒絕批出保釋，女生須繼續還柙。據司法機構網站資料，案件定於2024年8月開審，意味屆時女生還柙接近2年半。
8 Jul 2023法庭線#7951
2020年七一灣仔紙箱冒煙案 兩男公眾妨擾罪成判囚19及26月
On 1 July 2020, the day after the National Security Law took effect, people staged protests in several districts. Two men were alleged to have loitered outside Jit Sin Centre in Wan Chai. One of them put a bottled object into a cardboard box, which soon began emitting white smoke. The two were charged with causing a public nuisance; one pleaded guilty before trial and the other was convicted after trial. They were sentenced to 19 and 26 months’ imprisonment respectively at the District Court on Saturday (the 8th). Deputy District Judge Newman Hing Wai Wong noted that detonating a smoke device at a protest site carries every possibility of causing varying degrees of panic, and that it was a stroke of good fortune that no one was injured. The judge rejected the defense’s argument that the incident was merely a prank, considering the defendants' actions to be meticulously planned. He added that while the smoke device was not a bomb, it nevertheless created a "feeling of white terror" among parts of society, emphasizing that regardless of the defendants' intentions, "such acts cannot be tolerated by society."
2020 年 7 月 1 日《國安法》生效翌日，多區有人示威。兩名男子涉在灣仔集成中心外徘徊，其中一人將樽裝物體放入紙盒，不久後紙盒冒出白煙。兩人被控引起公眾妨擾罪，分別開審前認罪及受審後定罪，周六（8 日）在區域法院被判囚 19 及 26 個月。
暫委法官王興偉指，在示威現場放煙霧裝置，絕有可能造成不同程度的恐慌，沒人受傷是不幸中的大幸。法官不接受辯方指事件屬惡作劇，認為被告行為是精心策劃，又指雖然煙霧裝置並非炸彈，但仍然對社會部分人士，「造成白色恐怖之感覺」，強調不論被告意圖為何，「此舉非社會能姑息」。
Translations are supplied by the source workbook. Consult the original reporting for context.
