12 May 2023法庭線#6431
32歲男子認呼籲「藍店播毒」等3煽惑罪 判囚11個月
A 32-year-old repair worker was accused of calling on confirmed COVID-19 patients on the LIHKG discussion forum to “go around spreading the virus”, and of posting statements advocating harm to judges and police officers. He pleaded guilty at the District Court on Friday (12th) to three offences, including inciting another to intentionally cause harm, and was sentenced to 11 months’ imprisonment. The remaining two charges were dealt with by plea agreement and left on the court file.
Judge Clement Lee said inciting others to commit violence was a serious offence for which immediate imprisonment was unavoidable. However, the defendant was not a public figure; the statements concerning killing judges and attacking police officers were relatively general, the posts drew no response, and there was no specific plan to carry them out. No serious attacks on police officers occurred after the posts were published, so his culpability was lower than in other cases. The defendant had also cooperated during the investigation and his guilty plea showed genuine remorse. The judge believed that, “after this painful lesson”, he was unlikely to reoffend.
In mitigation, defence counsel Kwan Pak-on said the defendant’s remarks were “absolutely offensive, without a doubt”, but “fortunately, there was not even the slightest response”. He described the defendant as a “keyboard warrior” who was merely “rambling” in the virtual world online, and said that “if there were a person in front of him, he would not really want to hurt them”.
32 歲男維修工人被指在「連登討論區」呼籲新冠肺炎確診者「四圍去播毒」，以及曾發布涉及鼓吹傷害法官、警員的言論，周五（12日）在區域法院承認「煽惑他人有意圖而傷人」等 3 罪，被判囚 11 個月。餘下兩罪則達認罪協商，存檔法庭。
法官李慶年指，煽惑他人干涉暴力屬嚴重罪行，即時監禁無可避免。但考慮被告不是名人，其中涉殺害法官、襲警的言論較概括，帖文沒引來回應，亦沒具體計劃執行，發布後亦沒發生嚴重襲警行為，罪責較其他案例低；加上被告調查期間合作、認罪見有真正悔意，相信他「經過是次慘痛教訓後」，重犯機會不高。
辯方大狀關百安求情時指，被告發言內容「絕對係令人反感，毫無疑問」，但「好彩丁點回應都無」，形容被告是「鍵盤戰士」，只是在網上虛擬世界「亂嗡」，「有個人喺佢面前唔會真係想傷害佢」。
12 May 2023法庭線#6432
涉用假「安心」侵入入境大樓 政府外判工程師罪成 判160小時社服令
The Government required everyone entering government premises to scan the “LeaveHomeSafe” QR code from 1 November 2021. Five people, including three civil servants, allegedly used fake LeaveHomeSafe records to enter the Wan Chai Immigration Tower on the morning the measure took effect. Each was charged with “trespassing on premises controlled or managed by a public body”.
One of them, a government outsourced testing engineer at the time, was earlier convicted and granted bail after being remanded for 14 days. Magistrate Edward Ching Yu Wong earlier said a custodial sentence could have been imposed, but accepted that the defendant was remorseful. On Friday (the 12th), at Eastern Magistrates’ Courts, the defendant was sentenced to 160 hours of community service in accordance with the report’s recommendation. The remaining defendant, a former Immigration Department staff member, pleaded not guilty, and the case is scheduled to go to trial on 24 May.
政府規定 2021 年 11 月 1 日起，凡進入政府處所均須掃描「安心出行」二維碼。5 人包括 3 名公務員，於措施生效當日早上，涉使用假「安心」進入灣仔入境事務大樓，各被控「侵入公共機關管轄或管理的物業單位」罪。
其中一名時任政府外判測試工程師早前被裁定罪成，還押 14 日後獲准保釋。裁判官王證瑜早前指本可判監，但接納被告有悔意，周五（12 日）在東區裁判法院按報告建議，判處 160 小時社會服務令。餘下一名時任入境處職員被告不認罪，案件排期於 5 月 24 日開審。
13 Apr 2023法庭線#6297
涉IG煽惑確診者外出 尼泊爾學生獲判無罪 官指未能證具非法意圖
A 22-year-old Nepalese male student was accused of posting two Instagram Stories on 22 February 2022, inciting people who had come into contact with, or were infected by, the coronavirus to go out and spread the virus. He was charged six months later with one count of “inciting others to cause a danger of infection to others”. Magistrate Edward Ching Yu Wong ruled on Thursday (13th) at the Eastern Magistrates’ Courts that the defendant was not guilty and ordered the mobile phone involved in the case to be returned to him. The defendant bowed towards the magistrate after hearing the verdict.
The magistrate said that, based on the defendant’s account in a video-recorded cautioned interview and the explanation by the defence expert witness, a University of Hong Kong linguistics professor, of the content of the Stories, the defendant had only asked whether uploading a photograph of a rapid-test result was a new trend on social media. He had also called on everyone to maintain an optimistic outlook, which the defence said was consistent with the Government’s messaging at the time. The magistrate added that, even if the content was suspicious, the prosecution had failed to prove beyond reasonable doubt that the defendant had an unlawful intention.
案發時 22 歲尼泊爾籍男學生，被指在 2022 年 2 月 22 日，於 Instagram 發布兩個限時動態，煽惑新冠病毒接觸者或感染者外出播疫，事隔半年被控一項「煽惑他人而使他人蒙受感染的危險」。裁判官王證瑜周四（ 13 日）在東區裁判法院裁定被告罪名不成立，並將涉案手提電話歸還被告。被告聞判向裁判官方向鞠躬。
裁判官指，按被告於警誡錄影會面的辯白，以及辯方專家證人、港大語言學教授解釋涉案動態的內容，被告僅詢問上載快測結果之照片是否社交平台的新潮流（new trend）；同時呼籲大家保持樂觀心態，辯方稱此與當時政府論述吻合。官續稱，即使相關內容可疑，控方未能毫無合理疑點地證明被告具非法意圖。
12 Apr 2023法庭線#6282
涉用「安心回家」入灣仔入境大樓 入境助理罪成判140小時社服令
The Government required everyone entering government premises to scan the “LeaveHomeSafe” QR code from 1 November 2021. On the morning the measure took effect, five people, including three civil servants, allegedly used a fake “LeaveHomeSafe” system to enter the Wan Chai Immigration Tower. Each was charged with entering premises under the control or management of a public body. One of them, a then Immigration Assistant, was earlier convicted. On Wednesday (12th), Magistrate Lam Tsz-kan sentenced the defendant to 140 hours of community service at Eastern Magistrates’ Court.
The magistrate earlier said the defendant had used “安心回家” to pass itself off as the genuine system at the time of the offence. In mitigation, the defence said the community service order report recommended a mid-range number of hours, but the defendant “doesn’t mind how many hours” he has to complete. It also said the defendant had a good previous work record and had received several staff commendations, that this was an isolated incident, and that he was unlikely to reoffend.
政府規定 2021 年 11 月 1 日起，凡進入政府處所均須掃描「安心出行」二維碼。5 人包括 3 名公務員於措施生效當日早上，涉使用假「安心」進入灣仔入境事務大樓，各被控「侵入公共機關管轄或管理的物業單位」罪。其中一名時任入境事務助理員早前被裁定罪成，裁判官林子勤周三（12 日）於東區裁判法院判罰被告 140 小時社會服務令。
裁判官早前指，被告在案發時以「安心回家」魚目混珠。辯方求情指，社會服務令報告建議中段的服務時數，但被告「做幾多個鐘都唔介意」；又稱被告過往工作表現良好，曾獲數張員工嘉許狀，此次屬單一事件，相信不會重犯。
29 Mar 2023法庭線#6231
「一拳書館」店主認無牌賣酒及違反防疫規例 罰 12,000 元
Yat Ming Pong, owner of the independent bookstore One Punch Bookshop in Sham Shui Po, was accused of selling 12 glasses of spirits without a licence at the shop in September 2022 and breaching the Prevention and Control of Disease Regulation (Cap. 599F). Yat Ming Pong pleaded guilty at the West Kowloon Magistrates’ Courts on Wednesday (the 29th) and was fined $12,000.
The court heard that police received a complaint alleging that One Punch Bookshop had organised a “Sake Drinking and Group Reading of Osamu Dazai’s ‘Recollections of Alcohol’” event. Officers then went undercover as customers and were served sake that day. No one required them to scan the “LeaveHomeSafe” QR code when they entered the bookstore. The Liquor Licensing Board confirmed that the bookstore did not hold any valid liquor licence.
In mitigation, the defence said the defendant organised events at the bookstore in the hope of connecting with the neighbourhood and promoting culture. The event in question was a one-off educational talk and was less serious than similar cases. It was also private in nature and open only to registered participants. The defence added that participants’ temperatures had been taken at the time, but some had removed their masks to taste the wine or had failed to maintain a distance of 1.5 metres. The defendant understood that implementation had been inadequate and therefore chose to plead guilty.
深水埗獨立書店「一拳書館」店主龐一鳴，被指於 2022 年 9 月在店內無牌售賣 12 杯烈酒及違反《預防及控制疾病規例》第 599F 章，周三（29 日）於西九龍裁判法院認罪，罰款 12,000 元。
案情指，警方接到投訴，指「一拳書館」舉辦「清酒共飲，太宰治〈酒之追憶〉共讀」活動，遂派警員喬裝成顧客參與，當日獲分派清酒飲用，進入書館時無人要求掃描「安心出行」二維碼。酒牌局確認書館無任何有效的酒牌。
辯方求情指，被告經營書館舉行活動，期望能連結街坊社區和推動文化，涉事活動屬一次性教育講座，較同類案件輕微，而活動為私人性質，只接受已登記人士參與。辯方又指，當時有為參加者量度體溫，但有人除低口罩試酒，或沒保持 1.5 米距離，被告明白實行上有不足之處，故選擇認罪。
3 Nov 2022RTHK#5659
男子涉「紅碼」 期間離開住所及進入表列處所判緩刑
A 67-year-old man was charged with contravening the Prevention and Control of Disease Regulation after repeatedly leaving his residence and entering or attempting to enter premises listed under Cap. 599F while his Vaccine Pass displayed a “red code”. At Tuen Mun Magistrates’ Courts, he was sentenced to a total fine of $37,000 and two months’ imprisonment, suspended for two years, to run concurrently.
一名67歲男子在「疫苗通行證」顯示為「紅碼」期間，多次離開住所及進入或嘗試進入第599F章下的表列處所，被控違反《預防及控制疾病規例》，在屯門裁判法院，合共被判處罰款3萬7千元及監禁兩個月，緩刑兩年，同期執行。
23 Sept 2022法庭線#2504
認虛報陽性快測結果判囚 14 日 25 歲女子求情指為取病假
In March 2022, a 25-year-old female clerk was accused of falsely reporting a positive rapid test result on an online platform for declaring positive COVID-19 rapid test results. She said under caution that she had done it on a whim. On Friday (the 23rd), she pleaded guilty at West Kowloon Magistrates’ Courts to two charges of providing false information and was sentenced to 14 days’ imprisonment. In mitigation, she said she had done it to obtain sick leave.
2022 年 3 月，25 歲女文員被指在新冠病毒快測陽性網上申報平台，虛報快測陽性結果，警誡下稱一時貪玩。她周五（23 日）在西九龍裁判法院承認兩項「提供虛假資料」罪，被判監 14 日。
1 Aug 2022獨媒#2285
《幻愛》放映會43人遭告限聚今獲撤控 朱江瑋質疑警方做法多餘
Kong Wai Chu, then a district councillor, held a screening of the film ‘Beyond the Dream’ at the councillor’s office last year. Police conducted an undercover operation and issued fixed-penalty notices for breaching the gathering restriction to 43 people present. Kong Wai Chu told InMedia that the police had notified them in recent days that charges against all 43 people had been withdrawn.
時任區議員朱江瑋去年在辦事處舉行放映會，播放電影《幻愛》，警方放蛇向在場43人發限聚令告票。朱江瑋對《獨媒》指，日前已接獲警方通知，43人全數獲撤控
15 Mar 2022獨媒#1871
警再拘兩男 涉染疫間出街播毒 「安心出行」紀錄成罪證
Police have arrested two more people over allegedly going out while infected and inciting others online to “spread the virus”. Screenshots displayed by police showed that one of them posted a picture of a positive rapid test online and asked, “Which blue shop in Yuen Long is good to eat at?” The other went out for a meal after receiving a text message indicating a preliminary positive result, while LeaveHomeSafe records became evidence of the offence.
警方再拘捕兩人，涉在染疫期間外出及在網上煽惑他人「播毒」。警方展示的截圖顯示，其中一人在網上發佈快速測試陽性的圖片，並詢問「元朗有邊間藍店好食」，另外一人在收到初步陽性短訊外出用膳，而「安心出行」紀錄成為罪證。
9 Mar 2022獨媒#1865
警拘三男 指曾到「藍店」播毒、網上稱要炸毀檢測中心
Police arrested three men, alleging that two of them incited others online during the pandemic to go out and “spread the virus” and bomb testing centres, while the other allegedly visited “blue shops” to spread the virus while infected and deliberately left behind tissues containing saliva. One man was provisionally charged with one count of the offence of “putting another person at risk of infection” and appeared at Kowloon City Magistrates’ Courts in the afternoon.
警方拘捕三名男子，指其中兩人涉在疫情期間，在網上煽惑他人外出「播毒」及炸毀檢測中心，另外一人則於染疫期間到「藍店」播毒，並刻意留下帶唾液的紙巾。其中一人被暫控一項「任何人不得使他人蒙受感染的危險」罪，下午在九龍城裁判法院提堂。
Translations are supplied by the source workbook. Consult the original reporting for context.
