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 2020年7月1日 the two defendants, dressed in black clothing and wearing masks, used long umbrellas and other tools to strike the CCTV cameras and smash LED display screens and ceiling light tubes at Exit B of MTR Tin Hau station, causing approximately HK$6,240 in damage; they then moved to King’s Road and attempted to ignite cardboard boxes with a lighter but failed, abandoned their umbrellas, fled to Screen Street, changed into green clothing, and each concealed a black cloth, gloves, a face mask, a hat and outer garments in their backpacks; they were eventually located and arrested by two officers, acting on site footage and eyewitness accounts, in the vicinity of Seven Seas Shopping Mall and Fortress Hill station, where the police also recovered evidence including a lighter, 3M gloves and a gas mask.
In accordance with the relevant provisions of the Criminal Damage Ordinance and the Arson Ordinance, taking into account the methods used, the amount of loss, the social impact and the defendants’ backgrounds, with reference to precedents and sentencing guidelines.
The defendants deliberately damaged public transport facilities and attempted arson. Their conduct was seriously premeditated and without lawful excuse, posing a threat to public order and safety, and warrants appropriate punishment.
The judge considered that the prosecution witnesses provided detailed observations and reliable identifications, that the footage and physical evidence corroborated each other, that there was no reasonable doubt as to the identity of the two defendants, and that the evidence of their actions was irrefutable and trustworthy.
The defendants were convicted in the District Court of attempted criminal damage, criminal damage and attempted arson among other charges. The magistrate announced that sentencing would be scheduled for a later date, and the defendants remain in custody awaiting sentence. (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 1 July 2020 the defendant, dressed in black along with accomplices, first outside and then inside the Tin Hau station exit, used a long umbrella to smash CCTV cameras, ceiling light tubes and display screens, then moved to the centre of King’s Road and attempted to start a fire with a lighter. During the arrest, the police seized from the defendant and in their backpack multiple suspected tools including black cloths, gloves, masks, lighters and gas masks. Following a trial, the defendant was found guilty on multiple counts of attempted and actual criminal damage and attempted arson.
Considering the premeditated nature of the offence, the damage to public facilities and the need to uphold public order, a custodial sentence with punitive and deterrent effects must be imposed. Options include immediate imprisonment, a labour training centre or a reformatory; these different forms of sanction should not be conflated.
The defendant deliberately damaged public facilities multiple times in a crowded MTR station on a ‘special day’ and attempted arson; his actions had a significant social impact and endangered the safety of passers-by, warranting severe punishment to uphold the rule of law and deter similar behaviour.
Given that the defendant was underage at the time of the offence, was a first-time offender and had an adverse background, both the correctional and social work reports recommend placement in a reformatory, as it can provide longer-term disciplinary training, vocational skills training and rehabilitative support, which helps to reshape values and foster a law-abiding character.
The defendant was ordered to be detained at a Correctional Services Department reformatory, with the detention period to be determined by his conduct and attitude towards reform while there, and is required to undergo supervision upon release. (Translated from Chinese to English by AI)
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