3 Jan 2025法庭線#4385
涉終院內拍攝文書人員 持雙程證婦獲撤法庭內攝影罪 控方指條例僅涉「特別人士」
In October 2024, a 52-year-old woman was accused of photographing a clerk at the Court of Final Appeal’s registry and charged with one count of “prohibition on taking photographs, etc., in court”. When the case was mentioned again at Eastern Magistrates’ Courts on Friday (the 3rd), the prosecution’s application to withdraw the charge was granted. Chief Magistrate Don Man Lung So had asked at one point, “Why not continue with the prosecution?” The prosecution said the legislation concerned only “special persons” and did not include the person involved.
A review of the legislation found that the offence concerns photographing or drawing judges, jurors and witnesses in court, and does not mention clerical staff.
2024 年 10 月，52 歲女子被指在終審法院登記處拍攝文書人員，被控一項「禁止在法庭內攝影等」，周五（3 日）在東區裁判法院再訊，控方申請撤控獲批。主任裁判官蘇文隆一度關注「點解唔繼續告？」，控方指條例僅涉「特別人士」，不包括涉案人士。
翻查條例，控罪牽涉法庭內拍攝或繪畫法官、陪審員及證人，未有提及文書人員。
8 Feb 2023ReNews#6025
目前身處海外的前區議員巫堃泰在網上發文，暗示拍片的「內鬼」是一名前議員助理陳鑫
The 47-person case entered its third day of hearings. The court heard yesterday that the prosecution had played a secretly filmed clip of Benny Tai attending a coordination meeting for the New Territories West constituency. Most of the clip was filmed from beneath a table, but the source of the footage was not explained in court. Former district councillor Michael Kwan Tai Mo, who is currently overseas, posted online implying that the “mole” who filmed it was former councillor aide Xin (Dynagreen) Chen. Xin (Dynagreen) Chen had previously worked as an auxiliary police officer and as an aide to a Democratic Alliance for the Betterment and Progress of Hong Kong district councillor, before later joining the pro-democracy camp. Xin (Dynagreen) Chen was also present at the meeting that was secretly filmed.
It is understood that the prosecution documents did not mention the source of the secretly filmed footage or the identity of the person who filmed it. Xin (Dynagreen) Chen previously gave a statement and will appear as a prosecution witness. Part of the testimony concerns the meeting that was secretly filmed. The telephone number listed on Xin (Dynagreen) Chen’s social media could not be connected.
47 人案正進行第三日聆訊，昨日庭上爆出偷拍片段，控方播出一段戴耀廷出席新界西選區協調會議的片段，片段大部分時間在枱底拍攝，但庭上未有交代片段來源；目前身處海外的前區議員巫堃泰在網上發文，暗示拍片的「內鬼」是一名前議員助理陳鑫，他曾任職輔警及民建聯區議員助理，後來轉投民主派陣營，被偷拍的會議陳鑫亦在場。
據悉，控方文件未有提及偷拍片段來源及拍片者身份。而陳鑫曾錄取口供，將作為控方證人出庭作供，部分證供內容與該次被偷拍會議有關。陳鑫社交媒體列出的電話號碼，未能接通。
7 Feb 2023法庭線#6022
47人案｜控方指戴耀廷視35+為手段實現攬炒 庭上播協調會議枱底拍攝片段
The prosecution played in court a clip of Dai Yaoting speaking at a coordination meeting for the New Territories West constituency. Most of the footage was filmed from under a table, with a shaking camera that was occasionally raised to capture Dai’s face. The prosecution did not explain the source of the clip. At the meeting, Dai mentioned that consensus had been reached in some constituencies, including indiscriminately vetoing the budget and not standing for election after losing the primary, among other points.
The prosecution also said Dai viewed securing 35+ as a means of achieving the Five Demands and “lam chau”, ultimately resulting in a government shutdown and Western sanctions against the Chinese Communist Party. Primary participants demonstrated their determination to advance the plan through three key documents. The declaration 《No Regrets Once the Ink Is Down》, drafted by Chow Ka-shing, Ho Sum Cheung and Leung Wong-wai, stated that the budget would be indiscriminately vetoed in pursuit of the Five Demands. The prosecution said this could prove that the signatories were prepared to “disregard the legal consequences” in order to achieve their objective.
控方在庭上播放一段戴耀廷出席新界西選區協調會議的發言片段，影片大部分時間在枱底拍攝，鏡頭晃動，偶而舉起拍到戴的面貌，控方未有說明片段來源。戴耀廷在會上提到，部分選區已達成共識，包括無差別否決預算案、初選落敗後不會參選等。
控方又指，戴耀廷視爭取 35+ 為手段，以實現五大訴求及「攬炒」，最終引致政府停擺、西方制裁中共。而初選參加者，則透過 3 份關鍵文件，展示他們推動計劃的決心。其中由鄒家成、張可森及梁晃維草擬的《墨落無悔》聲明書，指為爭五大訴求，會無差別否決預算案。控方指，可證明簽署者為求達成目的「不顧法律後果」。
Translations are supplied by the source workbook. Consult the original reporting for context.
