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 on the morning of 18 November 2019, a large number of protesters gathered outside the Applied Science Building of the Hong Kong Polytechnic University in Tsim Sha Tsui and in the nearby plaza. The police deployed B2, Y1, Y3 and Y4 mobile units to establish cordons, issued multiple dispersal warnings and used pepper-ball rounds and tear gas to disperse them, but the protesters refused to leave. Ultimately, about 135 people were surrounded and taken to the Sham Shui Po and Hung Hom police stations for detention. The first to ninth defendants were charged with unlawful assembly, and the ninth defendant was additionally charged with possession of a Class 3R laser pen, an offensive weapon, in a public place; he was convicted at trial.
For unlawful assembly contrary to sections 18(1) and (3) of the Public Order Ordinance, the maximum penalty is five years’ imprisonment; for possession of an offensive weapon under sections 33(1) and (2), the maximum penalty is three years’ imprisonment.
The defendants, aware that violent protests were ongoing, remained at the scene and carried common protest equipment such as gas masks, face masks, gloves, saline solution, swimming goggles, helmets and laser pens, demonstrating an intention to support and facilitate prohibited activities. They had no credible lawful reason for doing so and seriously endangered public order.
The claims of passing by by chance, wanting to leave or providing first aid were contradicted in multiple respects by the on-scene evidence and their own voluntary statements, and the court did not accept them; the defendants had all come prepared to participate in the assembly and were not innocent bystanders.
All the defendants were found guilty of unlawful assembly (the ninth defendant was also found guilty of possession of an offensive weapon), and the court will set a date to deliver the sentences. (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 notes that，from 11 November 2019，multiple riots broke out on and near the Hong Kong Polytechnic University campus。On 18 November 2019 between 08:05 and 08:18，about one hundred to two hundred protesters illegally assembled at the Tsim Sha Tsui Science Museum Plaza and Science Museum Road，advanced towards the police line in an umbrella formation while chanting slogans，after multiple warnings were ignored，the police deployed riot squads to surround and arrest around 135 people outside and around Chinachem Plaza，a further 13 were arrested via nearby passages，the defendant was then stopped，searched and arrested at the scene。
Illegal assembly carries a maximum penalty of five years of imprisonment，sentencing must take into account the level of premeditation、number of participants、use of weapons、duration、location impact、seriousness of the consequences and the role of the defendant；possession of an offensive weapon in a public place carries a maximum term of three years of imprisonment，taking into account the quantity、type、nature of the items and the intent in possession。
The judge considered this case to be directly related to the Hong Kong Polytechnic University riots，although the assembly lasted only thirteen minutes it involved a large number of people with a tendency to push against the police line，posing a significant threat to public order。None of the defendants were leaders，most were participants carrying primarily defensive equipment；however，the first and ninth defendants also carried items capable of causing fires and laser attacks，posing a higher risk。The judge also considered the defendants’ backgrounds、plea attitudes、cooperation at trial and post incident behaviour，and granted discretionary sentence reductions accordingly。
The judge held that immediate imprisonment was the only appropriate penalty，the juvenile defendant was sent to a rehabilitation centre，and the others were required to enter prison immediately；balancing deterrent effect with personal background，some sentences were ordered to run concurrently。
The first defendant was immediately imprisoned for thirteen months；the second、fourth、sixth and eighth defendants were immediately imprisoned for ten months；the seventh defendant was immediately imprisoned for nine months；the third defendant was sentenced to a rehabilitation centre；the fifth defendant was immediately imprisoned for seven months；the ninth defendant was immediately imprisoned for thirteen months for unlawful assembly and for three months for possession of an offensive weapon in a public place，with both terms to run concurrently。 (Translated from Chinese to English by AI)
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