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 stated that on the morning of 18 November 2019, the police set up a cordon near The Hong Kong Polytechnic University. Multiple groups of riot police successively at Science Museum Plaza, Science Museum Road and the walkway by Nanyang Centre issued repeated verbal warnings and raised warning flags to those gathered; the protesters repeatedly advanced in an umbrella shield formation, shouted slogans insulting the police and confronted them. At about 8:20 pm, officers outside Hua Mao Plaza announced the arrest of 135 people in total, nine of whom were charged with unlawful assembly, and another defendant was also charged with possession of an offensive weapon in a public place. After trial and verification of the evidence, the court found that each defendant had prepared protest equipment and, knowing that the gathering was unlawful, still intended to enter the scene, thus each was guilty of unlawful assembly; the ninth defendant was additionally convicted of possessing a laser pointer capable of causing temporary blindness or visual impairment, which constitutes an offensive weapon.
Under section 18 of Chapter 245 of the Public Order Ordinance, the maximum penalty for unlawful assembly is five years’ imprisonment; under section 33, the maximum penalty for possession of an offensive weapon in a public place is three years’ imprisonment.
Although the defendants had no prior convictions, they carried typical protest equipment such as umbrellas, masks and gas masks during the peak of violent social unrest, and, knowing the gathering was unlawful, intentionally participated and helped sustain the confrontation, which calls for deterrence and a firm response to violent disturbances; the ninth defendant possessed a functional Class 3R laser pointer capable of causing eye injuries at any time, making the circumstances more serious.
The offence was planned and organised, and the protest equipment heightened the intensity of the confrontation, endangering public order and personal safety; it is necessary to impose severe penalties to uphold the rule of law and public tranquillity.
The court sentenced each defendant to one year’s imprisonment for unlawful assembly; the ninth defendant received an additional six-month term for possession of an offensive weapon, totalling one year and six months’ imprisonment, as punishment and to serve as a deterrent. (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 a riot broke out on the Hong Kong Polytechnic University campus and its vicinity from 11 November 2019，on the morning of 18 November，multiple defendants confronted the police line at the Science Museum Piazza in Tsim Sha Tsui，protesters held umbrellas and chanted slogans，and some defendants carried protective equipment and laser pointers。The police deployed tear gas and arrested approximately 135 people，the third and fifth defendants pleaded guilty on the first day，the others were convicted after trial for unlawful assembly，and the ninth defendant was additionally charged with possession of an offensive weapon。
In accordance with the Public Order Ordinance，the maximum penalty for unlawful assembly is five years and for possession of an offensive weapon is three years，with reference to cases such as the Court of Appeal’s Joshua Wong case，sentencing considers factors such as the scale of the assembly、degree of premeditation、duration、use or possession of weapons、consequences and the role of the defendant。
The assembly in this case involved 100 to 200 people、more than 10 minutes，was connected to the PolyU riot，protesters attempted to breach the police line and carried protective equipment、fuel and laser pointers，the circumstances were serious，requiring immediate imprisonment with deterrent effect；sentences are increased for those carrying weapons，and discretionarily reduced for those who plead guilty or have good background。
The judge considered that unlawful assembly even without casualties still severely endangers public order，must be stopped at the outset，punished harshly and with deterrent effect，and that all defendants should be imprisoned immediately。
The first defendant was sentenced to 13 months immediate imprisonment； the second、fourth、sixth and eighth defendants were each sentenced to 10 months immediate imprisonment； the seventh defendant was sentenced to 9 months immediate imprisonment； the fifth defendant was sentenced to 7 months immediate imprisonment； the third defendant was sent to a reformatory centre； the ninth defendant was sentenced to 13 months immediate imprisonment for unlawful assembly，3 months immediate imprisonment for possession of an offensive weapon，the two sentences to be served concurrently。 (Translated from Chinese to English by AI)
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