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The judgment states that after the demonstration in Tsim Sha Tsui on 7 July 2019 ended, a large crowd of protesters gathered in Mong Kok, causing crowding. A woman of approximately 30 years old (hereinafter X) was filming the scene on her mobile phone at the junction of Sai Yeung Choi South Street and Shantung Street when the crowd mistakenly believed she was an undercover female police officer taking covert photos. More than ten people, including the three defendants, forcibly surrounded and restrained her, demanding to see her phone and delete its contents. During this time, the first defendant touched X’s breast with his hand and pressed his lower body against her buttocks; the second defendant blocked X from leaving and loudly called for the formation of a human chain; the third defendant pulled her arm and clothing, urging her to cooperate and assisting in the restraint. X later managed to break free, fled the scene and called the police. A subsequent examination confirmed multiple bruises on her body and swelling and pain above her eyebrow.
Indecent assault is governed by section 122 of the Criminal Offences Ordinance; false imprisonment is governed by common law and section 101I of the Criminal Procedure Ordinance; unlawful assembly is governed by section 18 of the Public Order Ordinance. Sentencing took into account that the defendants had no prior convictions and the nature of their conduct.
The three defendants, together with others, unlawfully restricted X’s freedom of movement and subjected her to verbal abuse and physical violence; the first defendant even intentionally touched an intimate part, seriously violating bodily autonomy and undermining social order. They must be severely punished to serve as a warning.
The judge found that the prosecution’s video recordings, CCTV footage, Octopus card data and DNA evidence were beyond reasonable doubt in establishing that the three defendants had a common purpose to commit the unlawful acts; the defence’s reliance on a citizen’s arrest right did not meet legal standards, the conduct did not amount to a lawful citizen’s arrest, and the defendants’ guilt was confirmed.
The first defendant was convicted of the first charge of indecent assault; all three defendants were convicted of the second charge of false imprisonment and the third charge of unlawful assembly. (Translated from Chinese to English by AI)
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