16 Oct 2024法庭線#4151
大坑西邨重建 居民與職員爭執稱「攞刀斬佢」 准簽保守行為撤刑恐罪
Tai Hang Sai Estate in Shek Kip Mei is to be demolished and redeveloped. A resident was accused of refusing to let an employee of the engineering company enter a building corridor and, during an argument, saying, “I’m going in now to get a knife and slash him.” The resident was charged with criminal intimidation. The prosecution withdrew the charge at West Kowloon Magistrates’ Courts on Wednesday (16th), and Magistrate Jason Siu Ming Wan ordered the defendant to enter into a HK$2,000 bond to keep the peace for 36 months and pay HK$1,000 in costs.
石硤尾大坑西邨將清拆重建，一名居民被指拒絕工程公司職員進入樓宇走廊，與對方爭執時稱「我依家入去攞把刀出嚟斬鳩佢」，被控刑事恐嚇罪。控方周三（16 日）在西九龍裁判法院撤控，裁判官溫紹明下令被告以 2,000 元簽保守行為 36 個月，另須支付 1,000 元堂費。
14 Aug 2023法庭線#8196
蘇惠德收恐嚇電話 男子涉FB相關帖文下留言「炸死全家先有證據」判囚
Chief Magistrate So Wai Tak received a threatening telephone call in December 2020, in which the caller threatened to “bomb your wife and children to death”. A man was alleged to have posted the comment “Bomb the whole family to death, then there’ll be evidence” in the Facebook group “51 黃金良心圈” and under a Cable News report, in breach of a court injunction. He was found guilty of civil contempt of court.
High Court judge Ho Ho Man handed down his judgment on Monday (14th), sentencing him to four months’ imprisonment in his absence. The judgment said the defendant did not attend the hearing or appoint a lawyer to represent him. The court had earlier issued an arrest warrant and sent the relevant documents to the defendant by email. It considered that it had made every effort to notify him, but he still failed to appear, and that the court was entitled to sentence him in his absence.
The judgment said that, in sentencing, it had taken into account that the comment was specific and extremely serious. It was not merely empty talk and incitement, but also encouraged others to take action. The defendant had targeted a senior judicial officer and his wife and children, which any reasonable person would find completely unacceptable. The defendant had clearly refused to participate in the hearing and also appeared to have deliberately absconded while on bail. The court therefore considered the sentence appropriate and proportionate.
總裁判官蘇惠德於 2020 年 12 月接獲恐嚇電話，對方揚言「要炸死你老婆仔女」。一男子被指於 Facebook 「51 黃金良心圈」群組及《有線新聞》 報道帖文留言「炸死全家先有證據」，違反法庭禁制令，被裁定民事藐視法庭罪成。
高院法官高浩文周一（14 日）頒下判詞，在被告缺席聆訊下將其判囚 4 個月。判詞指，被告沒出庭應訊，亦沒派律師代表；法庭早前已發拘捕令，並將涉案文件透過電郵傳送予被告，認為已盡力通知，惟被告仍沒到庭，法庭有權在其缺席下作出判刑。
判詞續指，量刑時考慮涉案留言具體和極其嚴重，不僅屬空談和煽動，更是鼓勵他人採取行動；又指被告針對高級司法人員及其妻兒，正常人亦覺完全不能接受；被告明顯拒絕參與聆訊，亦看似故意棄保潛逃，故判刑是合適及合乎比例。
Translations are supplied by the source workbook. Consult the original reporting for context.
