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, in response to an online call on the evening of 30 October 2019, thirteen defendants assembled unlawfully at the Tuen Mun Da Hing Action Base and the nearby Leung Wan Street area, abused and provoked the police, used laser beams and loudspeakers to shout slogans, dismantled roadblocks, obstructed roads, and threw miscellaneous objects. After the police issued a blue flag warning to no avail, they carried out a dispersal operation. Several defendants were arrested while fleeing the scene or inside Yat Sang House and the Kin Sang Estate shopping arcade, and demonstration equipment such as hoods, masks, gloves, goggles, gas masks, and telescopic batons were found on their persons or in their backpacks. They are charged with ‘unlawful assembly’ and ‘using facial coverings during an unlawful assembly’, among other offences.
‘Unlawful assembly’ carries a maximum of five years’ imprisonment and a fine; ‘using facial coverings during an unlawful assembly’ carries a maximum of one year’s imprisonment and a level 4 fine.
The judge considered the depth of the defendants’ participation, the circumstances of using facial coverings and demonstration equipment, whether they pleaded guilty, their character and background, and took as the leading sentencing factors the maintenance of public order, deterrence, and prevention of reoffending.
The offences in this case involve participatory unlawful conduct; the defendants supported and encouraged the unlawful assembly through numbers, posing a serious threat to public safety. Sentencing must balance punishment, deterrence and education, fully reflecting the importance of the rule of law and social tranquillity.
The court therefore, in view of the varying degrees of plea or conviction among the defendants, sentenced them to imprisonment ranging from 6 to 12 months. (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。
According to the judgment, on the evening of 30 October 2019 the defendant unlawfully assembled about 200 people near Zhenhuan Road in Tuen Mun. During the incident they shouted insulting remarks at the police and shone a laser pointer at them, dismantled railings and erected roadblocks, repeatedly ignored police warnings via loudspeaker and the display of the blue flag, and concealed their identities by wearing masks or balaclavas. The police intercepted and arrested several defendants at a shopping mall, in buildings and on the street, and after trial the defendant was convicted of unlawful assembly and related offences.
In accordance with Section 18 of the Public Order Ordinance (maximum penalty 5 years) and the Prohibition on Face Covering Regulation (maximum imprisonment 1 year and fine), with reference to the Court of Appeal’s principles on unlawful assembly regarding protection of the public, punishment, public condemnation, deterrence and rehabilitation.
The defendant openly provoked the police, dismantled railings to block the road and repeatedly ignored warnings. Although there was no serious violence or casualties and the assembly was brief, it seriously disrupted order. Remorse was only shown after conviction, and there are no mitigating factors.
The court held that personal and family background did not constitute mitigating factors; punishment and deterrence must be prioritised, and the defendant’s youth did not warrant a reduced sentence.
Each defendant was sentenced to 12 months’ imprisonment for unlawful assembly; those who used face coverings were further sentenced to 3 weeks’ imprisonment, to be served concurrently with the main sentence; Defendant 2 was also fined HK$1,000 for failing to produce identification documents. (Translated from Chinese to English by AI)
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