Ng Yiu Ki 訴 陳玉鳳

DCMP3254/2009

香港特別行政區

區域法院

雜項案件2009年第3254號

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主審法官：區域法院周兆熊法官法庭聆訊

聆訊日期：2010年1月8日

判決書日期：2010年1月8日

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判決書

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1.這是原告人的申請，他要求本庭作出以下的命令：

（1）The Defendant Chan Yuk Fung（陳玉鳳）be committed to prison for her contempt of this Court in having carried out act and conduct that are in breach of the Injunction Order made against her by H.H. Judge Simon Leung on 13^th July 2009 in DCCJ no. 2983 of 2009.

（2）Further or alternative to （1） above, the Defendant Chan Yuk Fung（陳玉鳳）be sentenced to pay a fine for her contempt of this Court in having carried out act and conduct that are in breach of the Injunction Order made against her by H.H. Judge Simon Leung on 13^th July 2009 in DCCJ no. 2983 of 2009.

2.2009年7月13日，梁法官針對被告人作出以下的禁制令：

（a）The Defendant be restrained whether by herself, her servants or agents from sending any message, note, letter, card or document by mail, by fax whether at the number 2817 5254 or not, by hand, by courier, by the internal mail system of the Hospital Authority or howsoever to the Plaintiff at Ward K10 on the 10th Floor of K Block, Queen Mary Hospital, or any other part of Queen Mary Hospital, No. 102 Pokfulam Road, Hong Kong.

（b）The Defendant be restrained whether by herself, her servants or agents from sending any parcel, gifts or items including but not limited to food, whether cooked or fresh, by mail, by hand, by courier or howsoever to the Plaintiff at Ward K10 on the 10th Floor of K Block, Queen Mary Hospital, or any other part of Queen Mary Hospital, No. 102 Pokfulam Road, Hong Kong.

（c）The Defendant be restrained whether by herself, her servants or agents from making any telephone call to the Plaintiff whether at the telephone number 2855 3476, 2855 3487 or any other telephone number at Ward K10 on the 10th Floor of K Block, Queen Mary Hospital, or any other part of Queen Mary Hospital, No. 102 Pokfulam Road, Hong Kong.

（d）The Defendant be restrained form entering into or remaining on the 10th Floor of K Block and the New Clinical Building of Queen Mary Hospital, No. 102 Pokfulam Road, Hong Kong.

（e）The Defendant be restrained from coming to or remaining within the radius of 50 meters of the Plaintiff.

(3) The above Order will remain in force until trial of this Action or further Order of this Court.

3.根據原告人於2009年11月26日的誓章，被告人違反上述的命令。被告人在2009年7月13日出席聆訊，梁法官在庭上向她解釋破壞法庭命令的最嚴重後果可能為監禁，但在同一日的晚上7時，被告人即日違反法庭所頒布的命令。原告人在他支持本申請的誓章提及不同日期被告人的作為，以示她沒有遵守法庭的命令。被告人告知本席她不反對原告人在誓章所說的為真實的事情，她亦不反對原告人是次申請。

4.在原告人誓章的4（a）段，原告人說（審訊文件夾第207頁）， “On 13^th November 2009” -- 原告人（原文照錄）是在11月13日7點，不是在判決當日違反法庭的命令。 “On 13^th November 2009, at around 7:00 p.m., the Defendant made a telephone call to the telephone number 2855 3476 at the seminar room in Ward K10 on the 10th Floor of K Block, Queen Mary Hospital.  When I picked up the telephone, the defendant spoke and asked me to pick up food items at the rear staircase. I recognized the Defendant’s voice. I went to the rear staircase and found 3 plastic bags and a “Green” bag containing food items such as fruits, bread, fresh meat, instant noodle, vegetables, eggs, ‘Yakult’ drinks, on the landing platform between the 9th from 10th Floor of K Block, Queen Mary Hospital. There was also a roll of plastic storage bags. There was a large label ‘To: Dr. Y.K. Ng, Paed. Dept., QMH’ on the outside of the “Green” bag. There were payment slips found inside the bags, and Chinese handwritings appeared on one of the payment slips.”

5.在4（b）段,原告人說， “On 16^th November 2009, at around 7:00 p.m., the Defendant made a telephone call to the telephone number 2855 3476 at the seminar room in Ward K10 on the 10th Floor of K Block, Queen Mary Hospital. When one of my colleagues picked up the telephone, the Defendant spoke and asked me to pick up food items at the rear staircase.  Then the Defendant cut off the line.  My colleague recognized the Defendant’s voice.  My colleague went to the rear staircase on Ward K10 and found several bags of food items.”

6.（c）小段， “On 18^th November 2009, at about 7:00 p.m., the Defendant made a telephone call to 2855 3476, at the seminar room in Ward K10 on the 10th Floor of K Block, Queen Mary Hospital. When I picked up the telephone, the Defendant spoke and asked me to pick up food items at the rear staircase, and she cut off the line immediately. I recognized the Defendant’s voice.  I went to the rear staircase and found 3 plastic bags and 2 “Green” bags containing food items such as fruits, bottles of drink, vegetables, fresh meat, roast chicken, bread, pudding, biscuits, a bunch of banana and 2 packs of instant noodle wrapped in a Hospital Authority newsletter, on the landing platform between the 9th and 10th Floor of K Block, Queen Mary Hospital. There were also 3 plastic folders. There was a large label ‘To: Dr. Y.K. Ng, Paed. Dept., QMH’ on the outside of one of the plastic bags. There were payment slips found inside the plastic bags. There were notes with Chinese handwritings found in the plastic bags. I recognized those Chinese handwritings to be the Defendant’s.”

7.（d）, “On 20^th November 2009, at around 6:45 p.m., the telephone with number 2855 3476 at the seminar room in Ward K10 on the 10th Floor of K Block, Queen Mary Hospital rang. I went to the seminar room and picked up the phone, the line was cut immediately. ......... I went to the rear staircase on Ward K10 and found a total of 8 plastic bags containing food items such as fruits, drinks, vegetables, fresh meat, cooked chicken, bread, cakes, biscuits, a bunch of banana, Chinese sausage, instant noodle, on the landing platform between the 9th and 10th Floor of K Block, Queen Mary Hospital.  ......... There was a large label ‘To: Dr. Y.K. Ng, Paed. Dept., QMH’ on the outside of one of the plastic bags. There were notes with Chinese handwritings found in the plastic bags. I recognized those Chinese handwritings to be the Defendant’s.”

8.“On 23^rd November 2009, at around 7:00 p.m., the telephone with number 2855 3476 at the seminar room in Ward K10 on the 10th Floor of K Block, Queen Mary Hospital rang. One of my colleagues picked up the telephone ......... and my colleague passed the message to me. I went to the rear staircase on Ward K10 and found a total of 5 plastic bags containing food items such as fruits, vegetables, fresh meat, fish, cooked chicken, chicken wing, barbecued pork, bread, dim sum and instant noodle, on the landing platform between the 9th and 10th Floor of K Block, Queen Mary Hospital. ......... There was also a bunch of 6 yellow roses and forget-me-not, with a large label ‘To: Dr. Y.K. Ng, Paed. Dept., QMH’ on the outside. ......... There were also notes with Chinese handwritings found in the plastic bags. I recognized those Chinese handwritings to be the Defendant’s.”

9.其後，原告人把上述的事情，通過他的律師向被告人的律師作出投訴，但似乎原告人律師所寫的信的投訴不產生效用。於2009年11月25號，有關被告人再次致電予原告人發生多一次，在原告人誓章的第6段，他說， ‘... ... on 25^th November 2009, at about 7:00 p.m., the telephone with number 2855 3476 at the seminar room in Ward K10 on the 10th Floor of K Block, Queen Mary Hospital rang.  When I picked up the telephone, the Defendant said “Go to the rear staircase to pick up the food, please” and she repeated saying that more than 6 times. Then the line was cut. I recognized the Defendant’s voice.  I went to the rear staircase on Ward K10 and found several plastic bags containing food items such as fruits, vegetables, fresh meat, fish, ......... on the landing platform between the 9th and 10th Floor of K Block, Queen Mary Hospital.  There was a large label ‘To: Dr. Y.K Ng, Paed. Dept., QMH’ on outside of one of the plastic bags.  There were payment slips and notes with Chinese handwritings found in the plastic bags. I recognized those Chinese handwritings to be the Defendant’s.’

10.上述的有關被告人的行為，都是發生於2009年11月份之內。這是發生於2009年7月13日，梁法官作出命令之後。上述的行為明顯地、清楚地違反梁法官於7月13日所頒布的命令，因此，該等行為構成藐視法庭的行為，而由於該些行為是由被告人作出的，所以被告人違反了梁法官於2009年7月13日所作出的命令。

（法官與雙方討論有關內容更改的事宜）

11.本庭接受原告人在他的誓章內提及有關被告人違反梁法官於7月13日命令的事實。

（法官與雙方討論有關內容更改的事宜）

12.本席接受原告人在他的兩個誓章內提及有關被告人違反7月13日命令的事實。

原告人：由高覺輝律師行高覺輝律師代表

被告人：無律師代表