判決理由書／裁決書撮要(由AI生成)
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The judgment states that shortly after midnight on 7 July 2019, following the dispersal of a demonstration in Tsim Sha Tsui, a woman, X, was recording—allegedly covertly filming—the protesters at the junction of Sai Yeung Choi South Street and Shantung Street when she was surrounded and forcibly detained by more than ten people. The first defendant restrained her with his hands and touched her breasts and genital area against her buttocks; the second and third defendants assisted in forming a human chain to prevent her from leaving, repeatedly forcing her to show her phone and delete the footage; X escaped and sought assistance from the police, presenting multiple bruises and slight swelling to her right eye.
Under section 122 of the Criminal Offences Ordinance, the common law offence of false imprisonment, and section 18 of the Public Order Ordinance, each charge’s elements are evaluated to the standard of beyond reasonable doubt.
The first defendant intentionally touched X’s sensitive areas, constituting an indecent assault; the three defendants collectively exerted pressure and restricted X’s personal liberty, amounting to false imprisonment and unlawful assembly, both of which undermine public order and warrant punishment.
The judge held that the action resembled a public ‘struggle session’, lacked any legal justification, ignored the individual’s right to record, and that the three defendants conspired to violate X’s freedom and dignity, bearing grave responsibility.
The first defendant was convicted of indecent assault, false imprisonment, and unlawful assembly; the second and third defendants were convicted of false imprisonment and unlawful assembly, with sentencing adjourned to a later date. (Translated from Chinese to English by AI)
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