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 13 November 2019 the eight defendants participated in or assisted a large unauthorised assembly in Central. That evening the police began a dispersal operation and arrested 68 people at various locations, with the defendant being arrested inside a theatre. The defendant was found carrying three wrenches, two hundred cable ties, a pair of labour gloves and respirator filters, and the prosecution alleged an intention to use or assist others in using these tools to create roadblocks or damage property. The defendant applied to be tried separately from the others on the grounds that most of the evidence was unrelated to his charges and that this would conserve resources; the prosecution maintained that the charges arose from the same facts and that a joint trial would not be unfair. On 28 December 2021 the court dismissed the application.
This case concerns a procedural application for severance rather than the sentencing stage, and Rule 7 of the Indictment Rules and section 23(3) of the Criminal Procedure Ordinance, which govern joinder of charges and separate trials, apply.
The court held that although the eight defendants faced different charges, all charges arose from the same unauthorised assembly and shared a sufficient nexus or common factual origin to be joined in the same indictment and tried together; this would not cause substantial unfairness to the defendants and would avoid duplicative evidence and inconsistent verdicts.
Although the defendants contended that certain evidence was unrelated to their conduct and might prejudice their right to a defence, the judge found that the evidence could be sifted individually during trial to ensure fairness, and that case management would reasonably control the scope of evidence, making separate trials unnecessary.
The court dismissed the defendants’ application for separate trials, and the eight defendants will continue to be tried jointly on the same indictment. (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 judge’s ruling pointed out that on the afternoon of 13 November 2019, thousands of people gathered on various streets in Central. During the assembly some blocked roads, vandalised MTR facilities and set fires. The police arrived at around 7pm to disperse the crowd and arrested eight individuals. Defendants 2, 5, 6, 7 and 8 were charged respectively with unlawful assembly, criminal damage and possession of implements with intent to destroy property, all of whom denied the charges. Defendants 3 and 8 did not contest their identities and filed a defence. After trial, the court convicted some defendants based on the evidence and acquitted others.
Under Sections 18 and 19 of the Public Order Ordinance, participation in an unlawful assembly or riot is a participatory offence. Sentencing must consider the subjective intent, degree of participation, equipment carried and the impact on public order.
Defendant 2 and the others repeatedly engaged in disrupting order or damaging public facilities at the scene and carried various protest paraphernalia. The circumstances were serious and had a significant impact on public safety, hence convictions and sentencing were imposed; those acquitted were released due to insufficient evidence.
The judge found the prosecution witnesses to be honest and reliable, and the link between the video footage and physical evidence reasonable; no adverse inferences were drawn from the defendants’ silence or from non-criminal conduct, and separate determinations were made after clarifying their identities and intentions.
The court ultimately found Defendants 2, 5, 6 and 7 guilty of unlawful assembly, with Defendant 7 also convicted of criminal damage; Defendant 8 was convicted of possession of implements with intent to damage property; Defendant 3 was acquitted of all charges. (Translated from Chinese to English by AI)
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