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。
Judgment pointed out，on the evening of 13 August 2019，in the departures hall of Hong Kong International Airport，protesters gathered and detained a mainland Chinese traveller，addressed in two phases：first phase(23:30–23:49) alleged the fourth defendant engaged in unlawful assembly and unlawful imprisonment；second phase(23:49–00:23) the first three defendants，together with others，escalated into a riot and assaulted the victim。The court，through CCTV and media footage、screenshots、comparison of appearance at arrest with physical evidence、and acceptance of partial voluntary admissions from the defendants，ultimately convicted the first to third defendants of unlawful imprisonment、riot and assault causing bodily harm，reduced「grievous bodily harm」to「assault causing bodily harm」；the fourth defendant was acquitted and released due to identification doubts。
Referring to《Criminal Procedure Ordinance》and principles of English common law，taking into account the nature of the offences、the roles of the defendants、their attitudes to pleading guilty、their criminal records and social evaluation。
In view of the serious social harm posed by the offences of riot and unlawful imprisonment and their origin in collective violence，imprisonment is required to reinforce punishment and deterrence；considered whether the defendants had been provoked、their individual circumstances and their attitudes to pleading guilty，and reduced「grievous bodily harm」to「assault causing bodily harm」。
The entire incident demonstrates that violence in public places can easily evolve into collective disorder，and thus must be firmly punished to maintain social order，while also requiring individual assessment of each defendant’s role and the voluntariness of their admissions。
The fourth defendant was acquitted and released due to insufficient evidence；defendants one to three were each convicted of unlawful imprisonment、riot and assault causing bodily harm and sentenced to several years’ imprisonment，the court after considering their differing roles in the group action and their attitudes to pleading guilty decided to run the sentences concurrently。 (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。
The judgment states that on the night of 13 August to the early hours of 14 August 2019, in Section G of the departure hall at Hong Kong International Airport, the defendants, after questioning the identity of a mainland passenger, illegally assembled with other protesters in two separate phases, unlawfully detained and violently assaulted the victim using cable ties for binding, flagpoles, laser pointers, umbrellas and other offensive instruments, surrounding and beating the victim for approximately 50 minutes, and obstructed bystanders and paramedics from providing assistance. The incident only ended when police and medical personnel intervened.
The offence of unlawful detention carries a baseline sentence of 12 months’ imprisonment, riot carries a baseline of 5 to 6 years’ imprisonment, and assault occasioning bodily harm carries a baseline of 12 months’ imprisonment, with appropriate reductions applied in view of guilty pleas and personal circumstances.
The court considered that the case involved 50 minutes of unlawful detention and multiple attackers beating the victim, the use of non-lethal weapons, and posed a significant threat to public order and airport security; the defendants’ personal backgrounds, criminal records and guilty pleas were also taken into account, and the sentencing needed to reflect a deterrent effect.
The court held that violent demonstrations severely undermine the rule of law and social order, and that deterrent penalties are necessary to maintain public order; at the same time, special circumstances such as the defendant’s intellectual disability and habitual offender background were carefully considered, with an appropriate reduction in sentence.
The first defendant was sentenced to 5 years and 3 months’ imprisonment, to be served concurrently, for riot, assault occasioning bodily harm, common assault and obstruction of a public officer; the second defendant was sentenced to 4 years and 3 months’ imprisonment, to be served concurrently, for unlawful detention, riot and assault occasioning bodily harm, of which 3 years are to be served consecutively to an existing sentence; the third defendant was sentenced to a total of 5 years and 6 months’ imprisonment, with the sentences for riot and assault occasioning bodily harm to be served concurrently and part of the sentence for possession of an offensive weapon to be served consecutively. (Translated from Chinese to English by AI)
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