| 单词 | Criminal contempt |
| 释义 | 刑事藐視罪 An act which so threatens the administration of justice and requires punishment. The term encompasses the types of conduct described as ‘contempt in the fact of the court’ (disturbing the proceedings of the court), ‘scandalising the court’ (publishing matter which attacks the integrity or impartiality of the courts) and ‘acts calculated to prejudice the due course of justice’ (publishing matter which pre-judges the issues or otherwise prejudices a fair trial): Heibronn, Booth & McCook, Enforcement of Judgments in Hong Kong (Butterworths, 1998). It is also an offence sui generis and punishable by imprisonment or a fine or by an order to give security for good behaviour: Halsbury’s Laws of Hong Kong, Vol 7, Contempt of Court [110.003]. A criminal contempt was also distinguished from civil contempt as it was concerned with protecting the public interest in the due administration of justice whereas a civil contempt was concerned with protecting the private interest in the enforcement of court orders. If there was a criminal cause or matter and everything about it related to the criminal law, the contempt proceedings brought against the contemnor would be a matter of criminal contempt: S-J v Apple Daily Ltd [2000] 2 HKLRD 704. See also Abuse of process; Contempt by publication; Contempt in the face of the court; Contempt of court; Civil contempt; Scandalising the court. 威脅司法公正值得懲罰的行為，分為「藐視法庭的存在」（干擾法庭程序）、「污蔑法庭」（公布一項或一些攻擊法庭誠信或公正的事情）及「意圖妨礙司法公正」（公布一項或一些未經判決而下定論的事情或在其他方面妨礙公平審訊的事情）: Heibronn, Booth & McCook, Enforcement of Judgments in Hong Kong (Butterworths, 1998年)。這是自我一類的違法行為，可處監禁或罰款或下令簽保守行為: Halsbury’s Laws of Hong Kong，第7冊，藐視法庭，第[110.003]段。刑事藐視罪不同於民事藐視罪，訂立刑事藐視罪在於保障公正司法時的公眾利益，而訂立民事藐視罪在於保障執行法庭命令時的個人利益。如有刑事訴因或刑事事務而所涉全與刑事法律有關，則以刑事藐視罪起訴：S-J v Apple Daily Ltd [2000] 2 HKLRD 704。另見 Abuse of process; Contempt by publication; Contempt in the face of the court; Contempt of court; Civil contempt; Scandalising the court。 |
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