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 judgement states that after the gathering at Chater Garden, Central, on 28 July 2019, a large number of persons advanced towards the police cordon along Des Voeux Road West without authorisation, removed roadblocks and created obstructions to confront the police. The defendant was subsequently seen in the areas of Kei Ling Lane, Tung Tsz Back Lane and Sai Yuen Lane evading tear gas and police pursuit, and was eventually arrested, with two radio transceivers found in his backpack.
For the offence of riot, it is necessary under sections 18(1) and 19(1) of the Public Order Ordinance to prove that the unlawful assembly escalated into a riot that disrupted public peace; for the offence of possession of unlicensed radio communication equipment, under section 8(1) of the Telecommunications Ordinance, it must be proven that the equipment can transmit and receive radio waves and is unlicensed.
The court held that the prosecution failed to prove that the defendant had assembled with others on Des Voeux Road West and participated in a riot; the conduct did not meet the requirements of intent or an immediate threat of violence, and therefore the charges of riot and, alternatively, unlawful assembly were not made out. As to possession of radio equipment, testing and the chain of custody of the evidence established that it was capable of communication and unlicensed, and thus that charge was proven.
Emphasised that the burden of proof lies with the prosecution and that any benefit of the doubt must be given to the defendant; guilt must not be presumed merely from the defendant’s attire or flight; a strict examination of the circumstantial evidence and the chain of custody is required.
The court ruled that the defendant’s charges of riot and unlawful assembly were not made out; the defendant was found guilty of possessing unlicensed radio communication equipment, and sentencing was adjourned. (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 the defendant was arrested on 28 July 2019 at Sai Yuen Lane, and the police found in his backpack a switched-off, unlicensed two-way radio. The two pleaded not guilty; after trial, the riot charge was dismissed, but they were each convicted on two counts of unlicensed possession of radio communication equipment and failed to offer any explanation for use or intended use.
Section 20 of the Telecommunications Ordinance provides that a contravention of section 8(1) is punishable by a level 6 fine (up to HK$100,000) and five years’ imprisonment; if dealt with summarily, the maximum is a level 5 fine (HK$50,000) and two years’ imprisonment.
The court considered that both radios were switched off and stored in sealed bags, with no evidence of actual use or intent to use; the defendants claimed the items were solely for rock-climbing training and had been left in the bags by oversight rather than intentionally; neither had prior convictions for similar offences (Defendant One’s prior case was long ago and of a completely different nature; Defendant Two had no criminal record); and their operation of a fitness centre and receipt of pandemic subsidies demonstrated that their financial situation had not been significantly affected.
The riot background was irrelevant to the convictions and should not lead to an increased penalty. Considering the evidence, the defendants’ backgrounds and the mitigation, a fine is appropriate.
For the two counts of unlicensed possession of radio communication equipment, the court imposed a fine of HK$10,000 on each count, to be paid within fourteen days, failing which imprisonment will be imposed. (Translated from Chinese to English by AI)
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