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The judgment states that on the evening of 7 July 2019, following the end of a protest, demonstrators gathered around Mong Kok. The three defendants, together with others, at the junction of Sai Yeung Choi South Street and Shantung Street, mistakenly detained a woman, accusing her of being an undercover female police officer taking covert photographs, and forcibly surrounded, beat and abused her. During this time, the first defendant even used his hand to touch the victim’s breasts and pressed his hand against her buttocks. The three individuals’ actions constituted indecent assault, unlawful imprisonment and unlawful assembly.
According to the sentencing guidelines under Section 122(1) of the Criminal Offences Ordinance, the common law offence of unlawful imprisonment, and Section 18 of the Public Order Ordinance, taking into account the seriousness of the harm to the victim’s physical and mental well-being, the disruption to social peace and public order, and the deterrent effect on society.
The defendants exploited the advantage of the crowd to carry out collective violence and sexual assault against a vulnerable woman, causing the victim physical bruising and psychological trauma. Their conduct was serious, posed a threat to the rule of law and public safety, and must be severely punished to serve as a deterrent.
The judge considered that the three did not lawfully exercise citizens’ arrest powers but instead abused the crowd’s emotions to carry out collective maltreatment. In particular, the first defendant acted with impure intent, deliberately violated the woman’s intimate areas in a despicable manner, and should face harsher sentencing consideration.
The three defendants were convicted on all three charges, with sentencing adjourned to a later hearing. (Translated from Chinese to English by AI)
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