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 judge’s opinion noted that on the morning of 18 November 2019, nine defendants went successively to various public places in Hong Kong Island and Kowloon, especially Science Museum Plaza and Science Museum Road in Tsim Sha Tsui. They saw large numbers of demonstrators gathering and confronting the police. The police issued multiple verbal warnings and flag signals, but the protesters refused to disperse and advanced in an umbrella formation. The police then used reasonable force to disperse them and arrested a total of 135 people outside Hua Mao Plaza, charging them with unlawful assembly. In addition, the ninth defendant was further charged with possession of an offensive weapon (a laser pointer) in a public place.
Pursuant to Section 18 of the Public Order Ordinance, the offence of unlawful assembly carries a maximum sentence of five years’ imprisonment; under Section 33, the offence of possession of an offensive weapon carries a maximum sentence of three years’ imprisonment.
The defendants were present at the scene of the unlawful assembly and carried multiple protective and protest items. The evidence is inconsistent with their accounts, indicating an intention to participate in and support the prohibited activity; the ninth defendant also possessed a laser pointer capable of causing temporary blindness, demonstrating an intent to attack.
The defendants, by their attendance and equipment, encouraged or facilitated the unlawful assembly. Their evidence fails to provide a reasonable explanation for their actions and the items they carried. The court considers that a severe punishment is necessary as a deterrent.
Defendants one to eight were each sentenced to 12 months’ imprisonment for unlawful assembly; the ninth defendant was further sentenced to six months’ imprisonment for possession of an offensive weapon. The sentences are to run consecutively, resulting in an aggregate term of 18 months’ imprisonment. (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 the defendants assembled in the vicinity of the Hong Kong Polytechnic University, confronted the police at the B2 defensive line and attempted to breach it using an umbrella formation. The police issued warnings and deployed tear gas and lawful force to disperse them. The protesters then retreated to the Science Museum Plaza and adjacent road sections, where they remained in possession of various protest items. Police reinforcements from Y Company subsequently surrounded the plaza and its surrounding passages, arresting 135 people and seizing umbrellas, protective gear and other items. The defendant was also carrying a mask, goggles, gloves and an umbrella, and was convicted of unlawful assembly. The ninth defendant was also charged with possession of an offensive weapon in a public place.
According to past decisions of the Court of Appeal and the District Court, sentencing must balance the public danger and gravamen of the unlawful assembly, and consider factors such as planning and organisation, number of participants, location, means used (whether weapons were involved), duration, consequences and the defendant’s personal role; for those armed or carrying offensive items, the quantity, type and intended use of the weapons must also be weighed.
The unlawful assembly in this case was part of the PolyU riot, in which protesters attempted to assist individuals on campus in breaching the police lines and engaged in violent resistance. Although the duration was brief and no injuries occurred, the potential risk and threat to public order were greater. The defendants were aware of the nature of their conduct and carried protective and offensive equipment, all of which are serious factors requiring immediate imprisonment to respond to and deter future offences.
The judge held that the defendants knowingly participated in and encouraged an unlawful assembly. Although they did not lead or commit specific acts of violence, their support of the assembly by using umbrellas and other equipment constituted a serious public nuisance. Custodial sentences were therefore deemed necessary, but the judge allowed for sentence reduction based on individual circumstances.
The court ordered: the first defendant to 13 months’ imprisonment for unlawful assembly; the second, fourth, sixth and eighth defendants each to 10 months’ imprisonment; the seventh defendant to 9 months’ imprisonment; the third defendant to be remanded to a juvenile rehabilitation centre; the fifth defendant to 7 months’ imprisonment; and the ninth defendant to 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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