涉事地點 :
PolyU (The Hong Kong Polytechnic University)
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 states that, from 11 November 2019, multiple protests and alleged riots broke out at the Hong Kong Polytechnic University and nearby areas. In the early hours of 18 November, the police set up cordons at the Science Museum Plaza, Science Museum Road and surrounding areas, issuing verbal and flag warnings on multiple occasions and using pepper balls and tear gas to disperse the crowds. At around 08:18, approximately 135 assembled individuals were surrounded and arrested. Defendants 1 to 9 were charged on the spot with illegal assembly; in addition, Defendant 9 was charged with possession of an offensive weapon in a public place for carrying a Class 3R laser pointer.
Under section 18 of the Public Order Ordinance, the offence of illegal assembly carries a maximum of five years’ imprisonment, or up to three years’ imprisonment if convicted by summary procedure; under section 33, the offence of possessing an offensive weapon in a public place is punishable by fine and imprisonment.
All the defendants were present in an illegal assembly of over one hundred persons, carrying demonstrators’ commonly used protective gear and tools such as laser pointers, indicating an intention to participate in and support the prohibited activity. Many of their statements conflict with objective evidence, lacking reasonable explanation.
Although there is a background of social protest, maintaining public order and the safety of others is paramount. Those who carry potentially offensive or defensive equipment to participate in an illegal assembly aggravate the offence. Punishment is necessary to deter similar conduct.
The judge sentenced Defendants 1 to 8 to nine months’ imprisonment each for illegal assembly, suspended for 24 months; Defendant 9, having the additional offence of possession of an offensive weapon, was ordered to serve a total of nine months’ imprisonment, suspended for 24 months. (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 morning of 18 November 2019, about one hundred people gathered at the Tsim Sha Tsui Science Museum Plaza and Science Museum Road, confronting the police cordon. Protesters formed a shield wall with umbrellas and chanted slogans, attempting to breach the police barrier. After warnings and the use of tear gas, the riot police cordoned off the area at approximately 08:18 and arrested over a hundred people, seizing various protective and offensive equipment. Nine defendants were arrested and either admitted or were found guilty of unlawful assembly; the ninth defendant was also convicted of possession of a laser pointer.
In this case, the maximum penalty for unlawful assembly is five years’ imprisonment; sentencing must consider the scale, means, duration, location and the defendant’s role. The maximum penalty for weapons possession is three years’ imprisonment, depending on the nature of the weapon and the intent to possess.
Because the protesters attacked the police cordon and were near the scene of the Hong Kong Polytechnic University riot, the assembly posed a high risk; immediate imprisonment is the only appropriate punishment. The starting point for sentencing is 12 months, with adjustments made based on the presence of offensive or protective equipment, the defendant’s plea and personal circumstances.
The judge considered that each defendant was merely a participant, with no leadership role or actual use of weapons; although the duration was brief, the location was sensitive and the actions against the police were high risk, making immediate imprisonment necessary to ensure deterrence and maintain public order.
The first defendant was sentenced to 13 months’ immediate imprisonment; the second, fourth, sixth and eighth defendants were each sentenced to 10 months; the seventh defendant to 9 months; the third defendant was sent to a labour education centre; the fifth defendant to 7 months; and the ninth defendant received 13 months for unlawful assembly and 3 months for weapons possession, to be served concurrently. (Translated from Chinese to English by AI)
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