6 Dec 2023獨媒#8775
時任裁判官鄭紀航審反修例案 被投訴立場偏頗 法官小組裁定不成立
Kei Hong Cheang, then a magistrate of the Eastern Magistrates’ Courts and now a deputy district judge, convicted a 17-year-old student in 2020 of two offences, including possession of an instrument fit for unlawful purposes, in an anti-extradition bill protest case, and sentenced him to a detention centre. One of the convictions was quashed on appeal. The public subsequently complained that the judge was biased, had convicted the student without sufficient evidence, and had imposed an unreasonable sentence. After an investigation, a panel of judges tasked with handling the matter found the complaints unsubstantiated, citing, among other reasons, a lack of factual basis. The panel stressed that whether a conviction and sentence were appropriate did not fall within the scope of complaints about the judicial conduct of judicial officers. It said some people might disagree with a judicial decision because of their positions or political views, but that did not mean the decision or the judicial officer was biased. It also said that, in accordance with the fundamental principle of judicial independence, the panel should not and would not interfere with judicial decisions.
時任東區裁判法院裁判官、現為區域法院暫委法官的鄭紀航，於2020年審理一宗反修例示威案時，裁定一名17歲學生「管有適合作非法用途的工具」等兩罪成，並判他入勞教中心，他上訴後其中一罪獲撤銷。事後有公眾投訴鄭官立場偏頗、在證據不足下定罪，以及判刑不合理。專責法官小組調查後裁定投訴不成立，理由包括投訴欠缺事實基礎。小組強調，定罪及刑罰是否恰當，並不屬於投訴司法人員司法行為的範疇。部分人可能會基於立場或政見，而不認同司法決定，但不等同有關司法決定或司法人員偏頗；而且基於司法獨立的基本原則，小組不適宜亦不會干預司法決定。
12 Oct 2023法庭線#8478
投訴警署內遭推撞 巴裔律師被控誤導警員無罪 控方提覆核聆訊被拒
In November 2020, a Pakistani-origin lawyer complained that police officers had verbally abused and shoved him inside Tsim Sha Tsui Police Station after he accompanied an arrested person giving a statement. Police later alleged that he had provided false information and charged him with knowingly misleading a police officer. He was acquitted after trial. The prosecution applied for a review hearing, which was heard at West Kowloon Magistrates’ Courts on Thursday (12th).
The prosecution argued that one second was missing from the police station’s CCTV footage, making it difficult for the court to determine whether an officer had “held down” the defendant’s shoulder. The defence stressed that the defendant had immediately requested the CCTV footage after the incident, arguing that if he had wanted to lie, he would have known that inconsistencies would be exposed.
After hearing submissions from both sides, Magistrate Jason Siu Ming Wan said the evidence in the case indicated that the defendant’s account might be true. The magistrate upheld the original verdict, rejected the prosecution’s application for a review hearing, and granted the defence’s application for costs.
2020 年 11 月，巴基斯坦裔律師在尖沙咀警署陪同被捕人士錄口供後，投訴在警署內遭警員指罵及推撞。警方其後指他提供虛假資料，控以「明知地誤導警員罪」，經審訊後被裁定罪名不成立。控方提出覆核聆訊，周四（12 日）在西九龍裁判法院處理。
控方認為，警署電梯閉路電視片段缺失其中 1 秒，法庭難以確定警員曾「撳住」被告膊頭。辯方則強調，被告事發後即時要求警方提供閉路電視片段，若他要說謊，必然知道會有破綻。
裁判官溫紹明聽畢控辯雙方陳詞，認為根據本案證據，被告所言或是真實，維持原來裁決，拒絕控方覆核聆訊申請，並批准辯方申請訟費。
29 Dec 2022獨媒#5883
警方不再公開滙報反修例投訴跟進 累計37宗指控屬實僅兩人遭警告
The 2019 anti-extradition bill movement generated a large number of complaints against police officers. Since the last meeting of the Independent Police Complaints Council (IPCC) in November, two more complaints have been substantiated. One involved a reporter being pepper-sprayed by a police officer while covering news at Yuen Long MTR station; an unidentified officer in the crowd was also alleged to have made “impolite, inappropriate” remarks. The officers on duty were admonished. A police representative said at the meeting that the IPCC had approved 95% of the cases. Of the remaining 29 cases for which reports had not been submitted to the IPCC, 26 were subject to ongoing legal proceedings and three were being reinvestigated. As the figures were unlikely to change significantly in future, the police would no longer report on them at open joint meetings, an arrangement agreed to by the IPCC.
2019年反修例運動衍生大量警員被投訴案件，自上次11月監警會會議後，再多兩宗投訴獲證明屬實個案，其中一宗涉及有記者在元朗港鐵站採訪時，遭警員噴射胡椒噴霧，一位不知名警員在人群中說出「不禮貌、不恰當」說話，當值警員均被訓諭。警方代表在會上指，監警會已通過95%個案，剩下29宗未向監警會交報告的案件，有26宗有案在審，3宗重新調查，因為數字在未來變化不大，今後不再在公開聯席會議匯報，監警會同意安排。
Translations are supplied by the source workbook. Consult the original reporting for context.
