判刑理由書撮要(由AI生成)
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The judgment states that on 1 August 2019, four defendants were intercepted at two industrial buildings in Sha Tin while transporting multiple bags of hiking poles, baseball bats, protective gear, gas masks and other supplies, and that in one of the units materials for manufacturing petrol bombs and 11 smoke grenades were discovered; a public letter supporting extremist political views was also seized at the fourth defendant’s residence. Apart from a charge of possessing a radio communication device, all four admitted to charges of possessing offensive weapons, possessing explosives and possessing items with intent to destroy or damage property in a public place.
Under Section 33 of the Public Order Ordinance and Sections 55, 62 and 63 of the Crimes Ordinance, a person found in a public place in possession of an offensive weapon faces a maximum of three years’ imprisonment; possession of explosives carries a maximum of 14 years’ imprisonment (with a District Court limit of seven years); and possession of items with intent to destroy property carries a maximum of ten years’ imprisonment (with a District Court limit of seven years). Sentencing must take into account the nature, quantity, intended use and social context of the items.
The judge considered that the large quantity of items possessed by the defendants clearly constituted equipment commonly used in unlawful assemblies or riots, including incendiary materials for making petrol bombs and smoke-producing explosives, posing a serious threat to public safety. The guilty pleas were the only valid mitigating factor, and the sentences were therefore reduced by one third.
The judge considered that storing and distributing large quantities of offensive weapons and explosives, even if not used immediately, was sufficient to undermine public order and affect citizens’ right to peaceful demonstration, and that sentencing must be punitive and deterrent, with no leniency.
The four defendants were given aggregate sentences on their charges: the first defendant was sentenced to 28 months’ imprisonment; the second defendant, only charged with possession of an offensive weapon in a public place, was sentenced to 16 months’ imprisonment; the third defendant, on multiple counts, was sentenced to 38 months’ imprisonment; and the fourth defendant was sentenced to 16 months’ imprisonment. (Translated from Chinese to English by AI)
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