23 Apr 2024法庭線#3410
612基金沒註冊社團案 5信託人定罪上訴排期2025.1.8開審
In the case concerning the now-defunct “612 Humanitarian Relief Fund”, which was alleged to have violated the Societies Ordinance by failing to register, five trustees have appealed against their convictions. They are Cardinal Joseph Zen Ze-kiun, emeritus bishop of the Catholic Diocese of Hong Kong; barrister Margaret Ng; singer Denise Ho; former Lingnan University associate professor Hui Po-keung; and former Legislative Council member Cyd Ho. According to the Judiciary’s website, the appeal has been scheduled to begin on January 8 next year, with three days reserved for the hearing. The Department of Justice said it had not received a notice of appeal from Sze Ching-wee.
This is the first case in which defendants were prosecuted by summons for failing to register an organisation as a society and were convicted after trial. The five trustees, together with the fund secretary Sze Ching-wee, were convicted at West Kowloon Magistrates’ Courts on November 25, 2022, and fined between HK$2,500 and HK$4,000.
已停運的「612 人道支援基金」被指無註冊，違反《社團條例》一案，5 名信託人包括天主教香港教區榮休主教陳日君、大律師吳靄儀、歌手何韻詩、嶺南大學前副教授許寶強及前立法會議員何秀蘭，提出定罪上訴。根據司法機構網頁，上訴已排期明年 1 月 8 日開審，預留 3 天審期。律政司回覆指，沒收到施城威提出上訴的通知書。
本案為首宗，因沒為組織註冊成社團而被票控、被告經審訊被裁定罪成的案件。5 名信託人連同基金秘書施城威，2022 年 11 月 25 日在西九龍裁判法院被裁定罪成，判處罰款 2,500 元至 4,000 元。
15 Apr 2024法庭線#3356
博士生金鐘集會吸催淚煙提索償遭駁回 官指警須大規模調查「不成比例和不公平」
A Hong Kong University of Science and Technology PhD student filed a claim with the Small Claims Tribunal in 2019, alleging that police fired tear gas without warning during the 12 June assembly in Admiralty, constituting an assault against him, and seeking HK$75,000 in compensation. The Department of Justice, representing the police, earlier asked the tribunal to strike out the claim on the grounds that it was “frivolous, vexatious or an abuse of process”, but the request was refused. The Department of Justice appealed the tribunal’s decision to the High Court.
High Court judge Tony Siu Tung Poon handed down a judgment on Monday (15th), allowing the Department of Justice’s appeal and ordering that the claim be dismissed. The Department of Justice was also awarded the costs of the appeal.
The judgment said the claimant himself agreed that some of the tear-gas rounds fired by police had been lawfully discharged. This effectively meant that the police would have to conduct an extremely wide-ranging investigation to explain the reasons why every officer had fired every tear-gas round, which was “almost like looking for a needle in a haystack”. The judge considered that requiring the police, based on the claimant’s unclear claim, to conduct an investigation on such a scale was “disproportionate and unfair” and would also impose an oppressive burden on the police.
一名科大博士生 2019 年入稟小額錢債審裁處，指警方於金鐘 612 集會時，無警告下發射催淚彈，對他構成襲擊，要求警方賠償 7.5 萬元。律政司早前代表警方，以「瑣碎無聊或無理纏繞」為由，要求審裁處剔除申索但遭拒。律政司不服審裁處的決定，上訴至高等法院。
高院法官潘兆童周一（15 日）頒下判詞，判律政司上訴得直，下令駁回申索，律政司另獲上訴訟費。
判詞指出，申索人本身同意警方發射的部分催淚彈是合法射出，變相警方需要進行極大範圍的調查，解釋每一名警員發射每一枚催淚彈的因由，「幾近大海撈針」。法官認為要求警方基於申索人不明確的申索，進行如此規模的調查，「是不成比例和不公平的」，亦會對警方造成壓迫。
21 Mar 2024獨媒#3222
6.12金鐘 曾獲警撤保釋赴台就學、返港後再被捕 28歲設計師認暴動判囚26個月
On June 12, 2019, protesters surrounded the Legislative Council to prevent the second reading of the Fugitive Offenders Ordinance amendment bill, triggering clashes between police and protesters. Nearly four years later, a 28-year-old interior designer was charged with one count of rioting and pleaded guilty at the District Court today (21st). The facts of the case state that the defendant was holding a mobile phone facing the police and, when police advanced, remained where he was and pushed against front-line officers before being subdued and arrested. After viewing footage, the judge, Clement Lee, described the pushing as relatively passive, a characterization agreed by both the prosecution and defence. In mitigation, the defence said the police had proactively withdrawn their bail requirement to allow the defendant to study in Taiwan. However, after completing his studies and returning to Hong Kong, he was arrested and charged again last year, leaving him in a situation where his “hopes were shattered” and suffering a severe blow.
2019年6月12日，示威者包圍立法會圖阻止通過《逃犯條例》修訂草案二讀，爆發警民衝突。28歲室內設計師事隔近4年遭控一項暴動罪，今（21日）於區域法院認罪。案情指被告當時手持電話向着警方，至警方推進時仍站在原地推撞前排警員，終被制服拘捕，法官李慶年觀看片段後形容該「推撞」較被動，控辯雙方同意。辯方求情指，被告曾獲警方主動撤回保釋要求，以赴台灣讀書，惟學成返港後於去年再被捕起訴，蒙受「希望粉碎」的情況，打擊很大。
12 Aug 2023Channel C#8189
涉「612人道基金」 被捕10人獲准保釋 葉寶琳凌晨離開警署
Sources said all 10 were granted bail of HK$50,000 each. Ip Po-lam was released in the early hours of today (12th). A large number of media waited outside Ma On Shan Police Station. Ip walked out of the station at around midnight with her hands clasped, made no statement and did not respond to reporters’ questions, then left in a friend’s private car.
消息指，10人均獲准每人以5萬元保釋。其中葉寶琳今日（12日）凌晨獲准保釋，大批傳媒於馬鞍山警署外守候，葉寶琳於零時零分左右步出警署外，雙手合十，沒有發言亦未有回應記者提問，隨即乘坐友人私家車離開。
13 Dec 2022獨媒#5820
違《社團條例》罪成 612基金5信託人申定罪上訴
The five trustees of the now-defunct 612 Humanitarian Relief Fund—Cardinal Joseph Zen, emeritus bishop of the Catholic Diocese of Hong Kong; barrister Margaret Ng; Hui Po-keung, former visiting associate professor in the Department of Cultural Studies at Lingnan University; singer Denise Ho; and former Legislative Council member Cyd Ho—and the fund’s former secretary Sze Ching-wee were earlier convicted of “failing to apply for registration or exemption from registration as a society within the specified time limit”. The five trustees were fined HK$4,000 each, while Sze Ching-wee was fined HK$2,500. Five of the trustees have applied to appeal against their convictions. A hearing date has not yet been set.
已停止運作的「612人道支援基金」5名信託人，包括天主教香港教區榮休主教陳日君樞機、大律師吳靄儀、前嶺南大學文化研究系客席副教授許寶強、歌手何韻詩及前立法會議員何秀蘭，以及前基金秘書施城威，早前被裁定「沒有在指明時限內申請註冊或豁免註冊社團」罪成，5名信託人罰款4,000元，施則罰款2,500元。其中5名信託人已就定罪申請上訴，案件尚未有聆訊日子。
25 Nov 2022法庭線#5759
612 基金案陳日君等 6 人罪成罰款 官：社團例為維護國安 基金屬沒註冊社團、被告為幹事
The now-defunct 612 Humanitarian Relief Fund was alleged to have operated as an unregistered society. Cardinal Joseph Zen Ze-kiun, emeritus bishop of the Catholic Diocese of Hong Kong, barrister Margaret Ng and four others were prosecuted by summons and convicted at West Kowloon Magistrates’ Courts on Friday (25th). The defendants made no mitigation submissions. The court fined each of the five trustees HK$4,000, while Sze Ching-wee was fined HK$2,500.
已停運的「612 人道支援基金」被指無註冊作社團，天主教香港教區榮休主教陳日君樞機、大律師吳靄儀等 6 人被票控，周五（25 日）在西九龍裁判法院被裁定罪成。各被告沒有求情陳詞。官判處 5 名信託人各罰款 4,000 元；施城威則罰 2,500 元。
15 Aug 2022獨媒#2358
「爆眼教師」楊子俊承認兩項非法集結 判囚9個月 官指受傷雖遺憾但非減刑理由
Former Diocesan Girls’ School liberal studies teacher Yeung Tze-chun was injured when a police bullet struck his right eye during the 12 June 2019 clashes, impairing his vision. Nearly three years later, he was charged with two counts of unlawful assembly and pleaded guilty at Eastern Magistrates’ Court this afternoon. In mitigation, the defence said Yeung Tze-chun had borne the consequences for three years: the incident caused him to lose his sight and teaching job. However, Yang did not give up and instead began running a publishing house, believing that education and writing could benefit the next generation, and helping others through his publishing work. In sentencing, Chief Magistrate Ada Shun Yee Yim said that although Yang’s efforts over the three years were acknowledged, the number of protesters that day and the length of his participation in the unlawful assembly were aggravating factors. The magistrate said “moving metal barricades” had “obviously encouraged others to commit violent acts”. The injury was regrettable but was not a valid mitigating factor, and Yang was sentenced to nine months’ imprisonment.
前拔萃女書院通識科教師楊子俊，於2019年6.12衝突中被警方子彈擊中右眼受傷，致視力受損。事隔近3年，他被起訴兩項非法集結罪，今午在東區裁判法院承認控罪。辯方求情指楊子俊三年間一直承受後果，當天事件導致他失明並失去教職，惟楊沒有放棄，轉為經營出版社，相信教育和文字造福下一代 ，以出版社工作幫助別人。主任裁判官嚴舜儀判刑則指，雖肯定楊三年間的努力，惟認為當天示威者人數多、楊參與非法參結的時間長，「搬鐵馬」是「顯然激發他人暴力行為」；又指他受傷雖令人遺憾，惟不是有效求情理由，判處他九個月監禁。
9 Aug 2022獨媒#2317
612基金五信託人否認未註冊 9月開審將爭議是否屬社團幹事
All six defendants pleaded not guilty and will stand trial on 19 September. A pre-trial review was held today (9th) at the West Kowloon Magistrates’ Courts. The magistrate cited prosecution documents stating that the defendants formed the group “612 Fund” for a common objective and that it operated continuously from 2019 to 2021. The prosecution is relying on Facebook clips, meeting minutes and funding sources as evidence, and says the six defendants were key figures. The prosecution and defence will dispute whether the 612 Fund was a “society” and whether the defendants were office-bearers.
6人均不認罪，將於9月19日開審，今（9日）在西九龍裁判法院進行審前覆核。裁判官引述控方文件指，各被告就同一宗旨組成團體「612基金」，並有持續性由2019年至2021年運作。控方以FB片段、會議紀錄及資金來源等證明，並指6人為骨幹人物。而控辯雙方將爭議612基金是否屬「社團」，及被告是否幹事。
24 Jul 2022獨媒#2259
事隔近三年被控6.12參與非法集結 楊子俊擬認罪
Former liberal studies teacher at Diocesan Girls’ School Yeung Tze-chun was charged nearly three years later with participating in an unlawful assembly in Admiralty on June 12, 2019. Yeung Tze-chun said on social media last night that they planned to plead guilty at a hearing in August. They said that, from being interviewed immediately after being hit by tear gas to applying for a judicial review of police officers’ identification numbers as a victim, they had never concealed their participation in the June 12 protest.
拔萃女書院前通識科教師楊子俊，事隔近三年被控2019年6月12日在金鐘參與非法集結，他昨晚在社交網站表示，擬在8月的聆訊中認罪。他指從被催淚彈擊中後即時受訪，到利用受害者資格申請警員識別編號司法覆核，也從沒有隱瞞自己曾參與6.12示威活動。
14 Apr 2022獨媒#1924
6.12「爆眼教師」楊子俊 事隔近3年被控參與非法集結 准以10萬元保釋
Teacher Yeung Tze-chun was hit by a police bullet during the 12 June 2019 incident, impairing their eyesight. Nearly three years later, they were charged with participating in an unlawful assembly on that day and granted bail.
教師楊子俊在2019年612事件中被警方子彈擊中，視力因此受損，在事隔3年後被控當日參與非法集結，獲准保釋。
Translations are supplied by the source workbook. Consult the original reporting for context.
