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 at the end of 2019 the defendant stored explosive materials, including nitrocellulose cotton and smoke bombs, in a mini-storage facility, where they were seized by the police. The first defendant was the tenant and was intercepted upon leaving the premises, and during a recorded meeting at the correctional facility instructed the second and third defendants to delete electronic records relating to the investigation to obstruct justice. The prosecution called as witnesses a forensic analyst, a bomb disposal officer and a magic shop owner, tendering expert reports and video recordings; all three denied the charges.
Under section 55(1) of the Crimes Ordinance on possession of explosives and section 159A on conspiracy to obstruct public justice: unless a lawful purpose can be demonstrated, knowing possession itself constitutes an offence; conspiracy requires a predisposition to act and intent. The burden of proof rests with the prosecution, with the defendant presenting evidence to support lawful use.
The judge found the explosives to be dangerous and the defendants failed to demonstrate a lawful purpose; the first and third defendants in the recording instructed the deletion of evidence, showing an intent to obstruct justice; there was no evidence of participation by the second defendant.
The prosecution’s witnesses were credible; the defence evidence was discredited due to internal inconsistencies; the conspiratorial acts were organised and premeditated, warranting conviction to uphold judicial integrity.
The court found the first defendant guilty on two counts of possession of explosives and of conspiring to obstruct justice; acquitted the second defendant of conspiring to obstruct justice; and found the third defendant guilty of conspiring to obstruct justice. (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 judgement states that the defendant was arrested on 24 December 2019 in a self-storage unit, where approximately 15 grams of wet nitrocellulose and 10 smoke grenades were discovered; on 3 February 2020, the defendant instructed another defendant in prison to delete evidence from two online accounts, the two conspired and were arrested in December of the same year, facing charges of possession of explosives and conspiracy to pervert the course of justice.
The maximum sentence for possession of explosives is 14 years; sentencing must consider the type, quantity and storage circumstances to achieve deterrence; there is no fixed guideline for conspiracy to pervert the course of justice, but it typically requires immediate imprisonment.
The court found that the nitrocellulose and smoke grenades were stored in a sealed unit along with various chemicals, posing a high safety risk. Based on precedents, the sentencing starting points were determined as six months and four months respectively; although the act of perverting the course of justice involved only a brief conversation and no actual evidence deletion was observed, four months was imposed to reflect its gravity; and, in accordance with the principle of totality, part of the sentence was ordered to be served consecutively.
The court noted that although the two defendants were young and had no prior convictions, materials and information for bomb-making are easily accessible, necessitating severe punishment for deterrence; conspiracy to pervert the course of justice is a deliberate abuse of the judicial process that threatens the public interest, and youth was of limited mitigating effect.
Defendant One was sentenced to six months’ imprisonment for possession of nitrocellulose and four months’ imprisonment for possession of smoke grenades, the two sentences combined into seven months (including one month to be served in instalments); the conspiracy to pervert the course of justice was sentenced to four months’ imprisonment to be served in instalments, resulting in a total of ten months’ immediate custody; Defendant Two was sentenced to four months’ immediate imprisonment for conspiracy to pervert the course of justice. (Translated from Chinese to English by AI)
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