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, after serious clashes erupted at the Hong Kong Polytechnic University on 17 November 2019, the police established cordons at the Tsim Sha Tsui East Science Museum Piazza and along Science Museum Road in the early morning of 18 November. By around 08:05, protesters holding umbrellas had formed an umbrella formation, advanced on the police line and chanted slogans, disturbing the order. The police then issued verbal warnings, flag warnings, and deployed pepper-ball rounds and tear gas. At approximately 08:15, tactical units Y1, Y3 and Y4 entered the plaza from Science Museum Road, Huamao Plaza and the laneway off Mody Road respectively, and by 08:18 had encircled the area and arrested about 135 individuals. Among them, Defendants 1 to 9 were stopped and each faced a charge of unlawful assembly, and Defendant 9 was additionally charged with possession of an offensive weapon in a public place.
Under sections 18 and 33 of the Public Order Ordinance, the offence of unlawful assembly carries a maximum sentence of five years’ imprisonment, and the offence of possession of an offensive weapon in a public place carries a maximum of imprisonment and a fine. Sentencing must take into account the nature of the offence, the defendant’s previous convictions, their attitude and the impact on society.
The defendants were present at the scene and carried protective and offensive equipment commonly used in protests, with no reasonable explanation, which is sufficient to infer an intention to participate in and assist the unlawful assembly; Defendant 9 also carried a laser pointer capable of causing harm, constituting an offensive weapon; however, considering that the defendants had no previous convictions, were of good character and pleaded guilty in court, a more lenient sentence may be applied.
The defendants were not inadvertent passers-by but came prepared, using their presence to encourage or assist others in committing offences, which is serious; however, as this was their first offence, an appropriate degree of leniency is warranted in sentencing.
All defendants were found guilty of unlawful assembly, and Defendant 9 was additionally found guilty of possession of an offensive weapon in a public place. (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 18 November 2019, approximately 100 to 200 people gathered around the Science Museum Piazza near The Hong Kong Polytechnic University, opened umbrellas to form an umbrella formation and advanced towards the police line, constituting an unlawful assembly; the police issued multiple warnings and used dispersal force, ultimately arresting a total of 148 people in the vicinity of Whampoa Plaza, including nine defendants, of whom nine were convicted of unlawful assembly, and one was additionally charged with possession of an offensive weapon in a public place.
In accordance with the Public Order Ordinance and relevant Court of Appeal precedents, consideration is given to the number of participants, location, duration, use of weapons, the defendants’ roles and motives, as well as the level of threat and risk to public order.
Although the assembly lasted only about 13 minutes and did not cause any casualties or property damage, targeting the Hong Kong Polytechnic University’s defence line posed a high risk, with participants carrying protective equipment and engaging in provocative actions, constituting a serious threat to public order; all defendants were participants with no leadership or incitement roles, some carried defensive gear, and two carried lighter fuel and laser pointers, which further increased the risk.
Immediate imprisonment is the only sentencing method capable of deterrence and maintaining order; considering mitigating factors such as the defendants’ backgrounds, guilty pleas, post-incident behaviour, and health, the sentence is adjusted upward or downward to ensure fairness.
First defendant: 13 months’ imprisonment; second, fourth, sixth and eighth defendants: 10 months’ imprisonment each; seventh defendant: 9 months’ imprisonment; third defendant was sent to a re-education centre; fifth defendant: 7 months’ imprisonment; ninth defendant: 13 months’ imprisonment for unlawful assembly and 3 months’ imprisonment for possession of an offensive weapon, to be served concurrently. (Translated from Chinese to English by AI)
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