判刑理由書撮要(由AI生成)
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The judgment states that at around 08:00 on 18 November 2019, a group of protesters formed an “umbrella formation” at the East Tsim Sha Tsui Science Museum Plaza and Science Museum Road and advanced towards the police lines. During this time, they ignored multiple police warnings and shouted slogans in an attempt to show support for those trapped on campus, resulting in traffic paralysis and disruption to public order. The police used tear gas and pepper spray to disperse the crowd and arrested protesters, including the five defendants, in the surrounding streets and shopping centres. After pleading guilty and admitting the facts of the case, the five were convicted of unlawful assembly.
Referring to the Court of Appeal’s sentencing principles in the case of Joshua Wong, focusing on punishment and deterrence, and taking into account factors such as whether the assembly was planned, its duration, the impact of its location, the equipment used and the nature of the conduct.
All the defendants carried umbrellas, protective gear or tools. Although there was no obvious violence, it constituted opposition to police enforcement, and the incident occurred during working hours in a busy commercial district, harming Hong Kong’s international image. However, considering the defendants’ youth, first-time offences and guilty pleas, appropriate reductions or alternative sentences were given based on the circumstances.
Protesters’ use of intimidation or confrontation to express their demands lacks legitimacy; violence and destruction are detrimental to social progress. The court must respond firmly to prevent similar incidents from worsening; youth is no excuse, and individuals must be held responsible for their actions.
The five defendants received the following sentences: two were each sentenced to 16 months’ imprisonment, to be served immediately; one was given a community rehabilitation centre order; one was sentenced to 18 months’ imprisonment; and one was sentenced to 14 months’ imprisonment. (Translated from Chinese to English by AI)
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