涉事地點 :
Airport (Hong Kong International Airport)
判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment stated that, from the evening of 13 August 2019 to the early hours of the 14th, a mainland journalist was surrounded, had his identity questioned, was dragged, bound and beaten by a crowd in the departure hall of Hong Kong Airport. The incident occurred in two phases: the first phase (23:30-23:49) involved the fourth defendant in unlawful assembly and unlawful detention; the second phase (23:49-00:23) involved the first to third defendants in unlawful detention, rioting and assault. Since the victim could not identify the perpetrators, the prosecution relied on comparisons between CCTV and online video screenshots of the defendants’ appearance, clothing and movements before and after the incident and at the time of arrest, combined with partial confessions by the defendants, to identify the offenders.
Applicable were Sections 18 and 19 of the Public Order Ordinance, the common law offence of unlawful detention, and the provisions on assault causing bodily harm under the Offences against the Person Ordinance.
In accordance with the statutory requirements, the video clips, screenshots, confessions and expert opinions proved the defendants’ conduct constituted offences beyond reasonable doubt.
He considered the prosecution’s evidence entirely credible, dismissed objections to the fairness of identification and confessions, affirmed that Defendants D1-D3 were involved and committed violence, and acquitted D4 due to doubts over identification.
The fourth defendant was found not guilty on the two charges of unlawful assembly and unlawful detention; the second defendant was convicted on three counts of unlawful detention, rioting and assault causing bodily harm; the first and third defendants were convicted of rioting and assault causing bodily harm, and additionally the first defendant admitted to common assault and resisting a public officer, while the third defendant admitted to possession of an offensive weapon. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
According to the sentencing remarks, Defendants 1 to 3 unlawfully assembled with about forty people in the departure hall of Hong Kong International Airport from the evening of 13 August 2019 to the early hours of the next day. Suspecting one to be a mainland passenger, they used cable ties to detain the victim and drove away those attempting to persuade them to desist. They then attacked the victim in succession with flagpoles, anti-slip plastic signs, umbrellas, laser pointers and other miscellaneous items; several people doused him with water, shone intense lights at him and obstructed paramedics from rendering aid, causing multiple bruises. The riot lasted about fifty minutes. The third defendant was also involved in concealing a folding knife, a telescopic baton and other offensive weapons in a vehicle that August.
The court, referring to the maximum penalties for the offences of unlawful detention, rioting, assault causing actual bodily harm, common assault, obstruction of public officers and possession of offensive weapons in a public place, established the District Court sentencing guidelines: unlawful detention 12 months; rioting 5 to 6 years; assault causing actual bodily harm 12 months; common assault 6 months; obstruction of public officers 6 months; possession of offensive weapons in a public place 18 months. It also allows for sentence reductions for guilty pleas and special backgrounds.
The court considered that the victim was detained for 50 minutes and repeatedly beaten by multiple people; the location was a critical facility at an international airport; non-lethal weapons were used; and joint violence by multiple persons constituted aggravating factors. The second defendant’s mild intellectual disability had a causal relationship with his conduct, meriting a one-quarter reduction. Each defendant’s role and level of participation in the riot affected the starting point, and the guilty plea discount was applied in accordance with precedent.
Violent demonstrations undermine public order and Hong Kong’s image. A society governed by the rule of law must not tolerate violent illegal destruction. Sentencing must have a strong deterrent effect, but flexibility should be maintained based on the specifics of the case and the defendants’ backgrounds. Political motivations should not be considered; discretion should be exercised solely based on the law and the evidence.
The first defendant was sentenced to 5 years and 3 months’ immediate imprisonment for rioting and other offences. The second defendant was sentenced to 4 years and 3 months for unlawful detention and other offences, of which 3 years will be served in instalments together with the existing sentence. The third defendant was sentenced to 5 years and 6 months’ imprisonment for rioting and other offences. (Translated from Chinese to English by AI)
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