判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 7 July 2019, at the junction of Sai Yeung Choi South Street and Shantung Street between Tsim Sha Tsui and Mong Kok, a woman X was mistakenly identified as an undercover police officer, surrounded by more than ten protesters, forcibly detained, insulted and had the photos on her mobile phone demanded. The first defendant, during the restraint, reached out and touched her breasts and pressed his lower body against her buttocks; the second defendant used his body and arms to block and called on others to form a human chain; the third defendant, together with others, pulled at X’s limbs, all forcibly restricting her liberty and, together with others, disrupting public order, thereby respectively committing the offences of indecent assault, unlawful confinement and unlawful assembly.
According to section 122(1) of the Criminal Offences Ordinance, section 101I of the Criminal Procedure Ordinance and section 18 of the Public Order Ordinance, sentencing must take into account the intention of the act, the degree of viciousness of the means employed and the severity of the physical and psychological harm to the victim.
The first defendant deliberately touched sensitive areas in a lewd manner and took the opportunity to humiliate a vulnerable woman; the three defendants jointly used violence to restrict others’ liberty, intimidated and insulted the victim and forcibly searched her mobile phone. The evidence is conclusive, necessitating enhanced deterrence and consideration of public safety.
The judge considers that the actions of the three defendants exceeded the scope of a citizen’s arrest, constituted unlawful violent humiliation and amounted to a serious infringement of personal dignity and social order. Their culpability is clear and leniency is unwarranted.
All three defendants were found guilty of indecent assault, unlawful confinement and unlawful assembly. Sentencing outcomes will be read separately. (Translated from Chinese to English by AI)
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