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The judgment notes that at around 11:00 pm on 7 July 2019, the First Defendant, together with the Second Defendant, the Third Defendant and over ten unidentified individuals, at the junction of Sai Yeung Choi South Street and Shantung Street in Mong Kok, accused a 30-year-old woman (hereinafter “X”) of being an undercover female police officer. They forcibly surrounded, pulled and restrained her and demanded that she show or delete the recordings on her mobile phone. The First Defendant touched X’s breasts with his hand and pressed his lower body against her buttocks; the Second Defendant formed a human chain and used his body to stop X from leaving; the Third Defendant pulled X’s hands and urged her to hand over her phone. X was injured during the struggle; subsequent examination confirmed multiple bruises and slight swelling and pain.
According to section 122(1) of the Criminal Offences Ordinance for indecent assault, common law false imprisonment and the requirements for unlawful assembly under section 18 of the Public Order Ordinance, the prosecution must prove each element beyond reasonable doubt;
The First Defendant’s intentional touching of X’s intimate parts constitutes indecent assault; the three defendants further cooperated at the scene in false imprisonment, restricting X’s freedom of movement; multiple persons attacked, insulted and threatened X, disrupting public order; their criminal methods were violent, posing significant harm to society;
The judge finds that the video recording, CCTV footage, Octopus card records, DNA evidence and X’s testimony are conclusive; the three defendants did not act under citizen’s arrest powers and their conduct carried humiliating and violent purposes; their joint criminal liability is clear and they are guilty;
The First Defendant, the Second Defendant and the Third Defendant were each convicted of one count of indecent assault, one count of false imprisonment and one count of unlawful assembly, and the court adjourned sentencing to a later date. (Translated from Chinese to English by AI)
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