Chui Chun-man, 28, was found guilty of instigating hatred towards police by praising death of chief inspector and denigrating other officers in online comments.
Chui Chun-man, 28, was found guilty of instigating hatred towards police by praising death of chief inspector and denigrating other officers in online comments
28歲崔駿民因在網上評論中讚揚總督察之死並詆毀其他警員,被判煽動仇視警察罪名成立
Acting principal magistrate says Chui’s actions risk exposing officers to threat of violence
署理首席裁判官表示,崔的行為可能使警員面臨暴力威脅
The funeral of 14-year police veteran Lam Yuen-yee. Photo: Dickson Lee
從警 14 年的老將林婉儀的葬禮。照片:李迪生
A former policeman has been jailed for 10 months for sedition and denied bail pending an appeal after a magistrate found he was unremorseful about mocking a chief inspector’s death and denigrating senior officers in social media comments.
一名前警察因煽動叛亂罪被判入獄 10 個月,並在上訴期間被拒絕保釋,此前一名地方法官發現他在社交媒體評論中嘲笑首席督察的死並詆毀高級官員毫無悔意。
Chui Chun-man returned to West Kowloon Court on Monday to be sentenced on a charge of committing an act or acts with seditious intent by a magistrate who was endorsed by the city’s leader to hear the case.
崔駿民週一返回西九龍法院,被一名獲市領導授權審理此案的裁判官以煽動煽動罪名判刑。
The 28-year-old former constable was found guilty three weeks earlier of instigating hatred towards the force by praising the untimely death of 14-year police veteran Lam Yuen-yee and saying he wished all “dog officers” would die.
三週前,這名 28 歲的前警員被判有罪,罪名是讚揚從警 14 年的老將林婉儀英年早逝,並說他希望所有“狗警”都死去,以此煽動對警隊的仇恨。
Marine officer Lam was thrown overboard alongside three colleagues when their vessel was rammed by a turbocharged speedboat they were trying to intercept in mainland Chinese waters on September 25 in 2021.
2021 年 9 月 25 日,當他們的船隻在中國大陸水域被一艘渦輪增壓快艇試圖攔截時撞上時,海事官員 Lam 和三名同事一起被拋下海。
Her body was found two days later, with the force posthumously promoting her from senior to chief inspector in recognition of her service.
兩天后她的屍體被發現,部隊追授她從高級督察到首席督察,以表彰她的服務。
Chui, then 26, wrote on the force’s official Facebook page that Lam deserved to die and that he wished all “dog officers” would “perish as soon as possible”.
時年 26 歲的崔在該部隊的官方 Facebook 頁面上寫道,林活該死,他希望所有“狗警”都“早日死去”。
He resigned in early November that year after police began disciplinary proceedings against him.
在警方開始對他進行紀律處分後,他於當年 11 月初辭職。
Acting Principal Magistrate Veronica Heung Shuk-han on Monday said Chui’s actions risked entrenching antagonism against police and exposing officers to the threat of violence by those who harboured ill feelings towards authorities.
署理首席裁判官香淑嫻週一表示,崔的行為有可能加劇對警方的敵對情緒,並使警員面臨那些對當局懷有惡意的人的暴力威脅。
She explained that even though the adoption of the national security law had successfully quelled anti-government protests in 2019, there were still safety concerns in the city and that an outbreak of violence remained likely.
她解釋說,儘管國安法的通過成功平息了2019年的反政府抗議活動,但該市仍存在安全隱患,仍有可能爆發暴力事件。
The court considered Chui disclosing his profession in the remarks an attempt to establish credibility and his decision to publish the comments on the force’s official Facebook page a “deliberate” choice to be more provocative.
法院認為,崔在言論中披露自己的職業是為了建立可信度,而他決定在警隊的官方 Facebook 頁面上發布評論是“故意”選擇,以更具挑釁性。
“The defendant insists that he bore no seditious intent in committing the offence. He shows an utter lack of remorse,” the magistrate said.
“被告堅稱,他在犯罪時沒有煽動煽動的意圖。他表現出完全沒有悔意,”地方法官說。
Defence lawyer Raymond Yu Chiu-cheuk asked for his client’s temporary release immediately after the ruling on grounds including a “reasonable” prospect of winning an appeal in the High Court and a “manifestly excessive” sentence, but Heung refused.
辯護律師余超卓在裁決後以“有合理”的機會在高等法院贏得上訴和“明顯過重”的刑罰為由要求立即釋放他的委託人,但香拒絕了。
The court heard in mitigation that Chui, who moved from Guangzhou province at the age of 15, had considered being a police officer his dream job and had received 12 commendations during his four-year tenure on the force.
法庭獲悉,15 歲從廣州省移居的崔某認為當一名警察是他夢想的工作,在他服役的四年裡,他獲得了 12 次嘉獎。
Chui was said to have committed the offence out of impulse after being taunted by a senior officer.
據說崔是在受到一名高級官員的嘲諷後一時衝動犯下的罪行。
The former constable had lived off his mother as well as his own savings after his resignation, the court was told. He was said to be pursuing a higher diploma with a view to turning over a new leaf.
法庭獲悉,這位前警員在辭職後一直靠母親和自己的積蓄生活。據說他正在攻讀高級文憑,以期翻開新的一頁。
Earlier during the trial, Chui told the court that he was feeling “grumpy” at the time of the offence and did not genuinely believe in what he wrote on the spur of the moment.
早些時候在審訊期間,崔告訴法庭,他在犯罪時感到“脾氣暴躁”,並不真正相信他一時衝動寫下的東西。
But the magistrate found his explanations unreasonable and said he could not have made such “callous” remarks if he was indeed saddened by the inspector’s death.
但裁判官認為他的解釋不合理,並表示如果他確實對督察的死感到難過,他就不會說出這種“冷酷無情”的言論。
Sedition is punishable by up to two years’ imprisonment upon a first conviction. It has been defined by the city’s top court as an offence capable of endangering national security, meaning defendants can face higher hurdles when applying for bail and their cases may only be heard by judges approved by the chief executive.
煽動叛亂罪,初犯最高可判處兩年監禁。該市最高法院已將其定義為危害國家安全的罪行,這意味著被告在申請保釋時可能面臨更高的障礙,而且他們的案件只能由行政長官批准的法官審理。
WKCC4617/2021
崔駿民
CHUI, CHUN-MAN
作出一項或多項具煽動意圖的作為
Doing an act or acts with seditious intention
判刑
Sentence