26 Jun 2024法庭線#3737
認TG、FB披露議員及警員資料 25歲學生判緩刑2年
A 25-year-old student who posted the personal data of Legislative Council members and police officers in Telegram and Facebook groups earlier pleaded guilty to four counts of disclosing personal data without the consent of the data subjects. He was sentenced at West Kowloon Magistrates’ Courts on Wednesday (26th) to three months’ imprisonment, suspended for two years.
Magistrate Jason Siu Ming Wan said the facts of the case were serious and imprisonment was inevitably one of the appropriate options, but the offences were committed when the social movement was not at its most intense and the potential risks caused were lower. Taking into account the positive background report and the defendant’s history of autism, among other factors, the magistrate ultimately imposed a suspended sentence.
一名 25 歲學生涉於 Telegram 及 Facebook 群組發布立法會議員、警員的個人資料，早前承認 4 項「未獲資料當事人同意下披露其個人資料」罪，周三（26 日）於西九龍裁判法院被判監禁 3 個月、緩刑 2 年。
裁判官溫紹明指，本案案情嚴重，監禁必然是合適選項之一，但案發時並非社運最激烈時候，引起的潛在風險較低。另考慮被告背景報告正面，曾患自閉症等，最後判處緩刑。
31 Oct 2023法庭線#8571
男子「起底」西灣河開槍警罪成 判囚2月2周 官：使事主擔心欺凌重複
On 11 November 2019, a traffic police officer fired a live round in Sai Wan Ho at a student referred to as “Patrick Chow Pak-kwan”, Patrick Chow Pak-kwan. The 49-year-old engineering manager was subsequently accused of posting photographs of the officer who fired the shot and his daughter on Twitter in 2022. He denied two doxxing charges at trial but was convicted at Eastern Magistrates’ Court on Tuesday (31st) and sentenced to two months and two weeks’ imprisonment.
Magistrate Shih Tsu-yiu said the defendant had posted photographs of the officer and his daughter bearing the words “Our dad is a murderer”, and had tagged the officer’s full Chinese name and phrases including “shoots people to death” in the post. This clearly sought to express that the officer had shot an unarmed member of the public and was a “murderer”. However, Shih said the member of the public concerned was still alive and had also been convicted of several criminal offences, so the assertion that the officer was a “murderer” could not be true.
The magistrate also said the officer had attracted widespread attention because of the incident and was already under considerable pressure and subject to extensive harassment. The defendant’s conduct prolonged the harassment, causing the victim to fear that it would recur, that he would be recognised when going out, and for his family’s safety. The legislation concerning doxxing came into effect in October 2021, and the defendant committed the offences one year after it took effect, so this could not be attributed to unfamiliarity with the law. In addition, the High Court had already issued an injunction against doxxing; committing the offences in those circumstances made the defendant’s culpability more serious.
2019 年 11 月 11 日，一名交通警在西灣河以實彈射擊被稱為「熊仔餅」的學生周柏均，49 歲工程經理其後被指於 2022 年，在 Twitter 發布開槍警及其女兒的照片。他否認兩項「起底」罪受審，周二（31 日）在東區裁判法院被裁定罪名成立，判監 2 月 2 星期。
裁判官施祖堯指，被告發布寫有「我地老豆係殺人犯」、開槍警及其女兒的照片，又在帖文標籤開槍警中文全名、「槍殺人」等，明顯想表達警員槍殺手無寸鐵的市民、是「殺人犯」。不過，施祖堯指相關市民仍生存，亦已就數項刑事罪行被定罪，「指稱開槍警是『殺人犯』，不可能屬實」。
裁判官又指，開槍警因事件受到廣泛關注，他所面對的壓力已夠大，原已受到大量滋擾，被告行為延續滋擾，使事主要擔心欺凌重複、外出時被人認出及家人安全。而「起底」相關條例於 2021 年 10 月生效，被告在條例生效一年後犯案，不能歸咎於不熟悉法例，加上高等法院早已頒布「起底」禁制令，被告在這情況下犯案，罪責更嚴重。
8 Aug 2023法庭線#8160
涉發布西灣河開槍警資料 男子認藐視法庭囚28日緩刑一年 官：提控屬過度延誤
On 11 November 2019, a traffic police officer fired a live round at a male student in Sai Wan Ho. A 34-year-old man was accused of disclosing on Facebook the personal information of the officer who fired the shot and his family, accompanied by the words “Don’t share! By all means don’t share!”, in breach of an injunction prohibiting doxxing. He earlier pleaded guilty to contempt of court and was sentenced to 28 days’ imprisonment, suspended for one year.
In a judgment handed down on Tuesday (8th), Judge Ko Wai-man said the defendant was not a public figure and would not attract much attention. Given his good character, the judge believed this was an isolated incident and not the most serious case of its kind. The judge noted that the defendant had been arrested after the incident and subsequently granted bail, and had not been subject to further criminal investigation, so it was understandable that he expected the matter to have ended. The judge said the Department of Justice’s decision to bring the prosecution two years later amounted to excessive delay and had caused the defendant stress, accepting this as a mitigating factor.
2019 年 11 月 11 日，一名交通警在西灣河以實彈射擊一名男學生。34 歲男子被指在 Facebook 披露開槍警及其家人的個人資料，並附上「唔好傳！千祈唔好傳！」字眼，涉違反「起底」禁制令。他早前承認藐視法庭，被判監禁 28 日，緩刑一年。
法官高浩文周二（8 日）頒布判詞指，認為被告非公眾人物，不會引起太多關注，加上品格良好，相信今次只是單一事件，亦非同類案件中最嚴重。法官提到，被告事發後一度被捕，其後獲准保釋，亦沒有接受進一步刑事調查，可理解他預料事件已告一段落。官指，律政司事隔兩年提控，屬過度延誤，亦為被告帶來壓力，接納此為求情因素。
18 Apr 2023法庭線#6322
婚攝助理上傳警婚照 認藐視法庭判囚2月、緩刑1年
During a senior inspector’s wedding in June 2020, photos from the ceremony were found circulating on the LIHKG discussion forum. The post was titled “Today my old friend is getting married—let’s wish him well” and also included the inspector’s personal information from “Hong Kong Chronicles”. The 25-year-old wedding photography assistant admitted contempt of court for breaching an interim injunction issued by the High Court against doxxing. On Tuesday (18th), Mr Justice Anderson Chow sentenced him at the High Court to two months’ imprisonment, suspended for 12 months, and ordered him to pay the Department of Justice HK$80,000 in costs. Written reasons for the decision will be issued later.
The Department of Justice described the defendant’s conduct as a breach of trust and said he had abused his position to commit the offence, which were aggravating factors. It also said he had not merely reposted information found online but had actively encouraged others to dox the parties concerned. The incident caused irreparable harm to them and ruined a once-in-a-lifetime wedding, while the prosecution questioned whether the defendant had shown remorse. The defence stressed that he had apologised in a letter to the parties concerned and everyone affected, and that he had deleted the post by noon the day after the incident, demonstrating genuine remorse.
高級督察於 2020 年 6 月舉行婚禮期間，有人發現連登討論區流傳其婚禮照片，帖文題為「今日我老死結婚 一齊祝福佢」，另附上「香港編年史」中該督察的個人資料。涉事 25 歲婚禮攝影助理涉違反高等法院頒下有關「起底」的臨時禁制令，承認藐視法庭。法官高浩文周二（18 日）在高院判被告監禁兩個月，緩刑 12 個月，另下令他須向律政司支付 8 萬元訟費，稍後頒書面判決理由。
律政司形容被告行為違反誠信，濫用職位犯案，屬加刑因素，又指他並非單純轉載網上資料，而是主動倡議他人起底。事件對事主構成不可挽救的傷害，破壞了他們人生中只得一次的婚禮，又質疑被告並無悔意。被告方強調，被告已在信中向事主及所有受影響人士致歉，而他在案發翌日中午前已刪除帖文，有真誠悔意。
14 Apr 2023法庭線#6300
女子認違「起底」禁令分享警資料 囚21日緩刑一年 官指案件延誤或削法庭執行命令能力
A 20-year-old female student was accused of sharing on Facebook a Telegram post containing the personal information of a police officer and the officer’s family on September 7, 2020, accompanied by the words, “Remember, don’t share it.” She was alleged to have breached an interim injunction concerning doxxing issued by the High Court. She admitted contempt of court before the trial began. On Wednesday (the 12th), Judge Ko Ho-man sentenced her at the High Court to 21 days’ imprisonment, suspended for one year, and ordered her to pay the Department of Justice $30,000 in costs.
In written reasons handed down on Friday (the 14th), the judge said the delay in the case would almost inevitably weaken the court’s ability to enforce its orders. Enforcing an order only several years later might be regarded as unnecessary, and it was therefore necessary to take the delay into account in sentencing. The judge also stressed that compliance with court orders was a fundamental principle of the rule of law, and that contempt of court legislation was enacted to prevent interference with the judicial system, not to protect the dignity of judges.
The judge agreed with the Department of Justice that the words “Remember, don’t share it” attached to the post were an attempt to encourage others to share the police officer’s personal information. This breached the injunction and was an aggravating factor. The deletion of the post the day after the incident, the pressure borne by the defendant and the delay in the case were considered mitigating factors.
20 歲女學生被指在 2020 年 9 月 7 日，在 Facebook 分享載有警員及其家人個人資料的 Telegram 帖文，配上文字「記住唔好 share 出去呀」，涉違反高等法院頒下有關「起底」的臨時禁制令。她於案件開審前承認藐視法庭，法官高浩文周三（12 日）在高等法院判被告監禁 21 天、緩刑一年，另下令女生須向律政司支付 3 萬元訟費。
法官周五（14 日）頒下判詞解釋判刑理由，指本案有延誤，近乎必然削弱法庭執行命令的能力，事隔數年才執法或會被視為不必要，故此有需要將延誤納入判刑考慮。法官又強調，服從法庭命令是法治的根本原則，訂立「藐視法庭」條例是要防止干擾司法制度，非為保護法官尊嚴。
法官同意律政司一方指，被告於帖文附上「記住唔好 share 出去呀」字眼，是試圖鼓勵他人分享警員個人資料，違反禁令，屬加刑因素；考慮被告於案發翌日刪除帖文，其承受的壓力和案件存有延誤等作減刑。
16 Sept 2020獨媒#819
警員婚禮照片流出兼遭起底 24歲攝影助理被捕
A police officer held his wedding in June this year. Two photographs taken by a photography assistant from the wedding team were posted on an online discussion forum together with personal information and threatening statements. Some comments also threatened to sexually assault his wife. The 24-year-old photography assistant was arrested by police today on suspicion of disclosing personal data obtained without the data user’s consent.
一名警員今年6月舉行婚禮，遭其婚禮團隊的攝影助理拍下兩張照片，並附以個人資料和恐嚇字句放到互聯網討論區，更有留言恐嚇性侵其妻子。該名24歲攝影助理今日遭警方拘捕，被指涉嫌披露未經資料使用者同意而取得的個人資料。
Translations are supplied by the source workbook. Consult the original reporting for context.
