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 stated that on 18 November 2019, five defendants participated in an unlawful assembly at and around the Science Museum Plaza in Tsim Sha Tsui East. That day, protesters used an umbrella formation to push forward the police line, confront the police, and ignore multiple warnings. The police sealed off and dispersed the area in the morning and ultimately arrested over a hundred people, among whom the five defendants pleaded guilty and admitted to disorderly conduct and intimidation.
In this case, reference was made to the Court of Appeal’s sentencing principles for unlawful assembly, with punishment and deterrence at the core, taking into account the degree of premeditation of the actions, duration, police warnings, and dispersal situation. A baseline sentence of 24 months was applied, with a one-third or one-quarter reduction depending on the plea and circumstances.
The defendants all came prepared, carrying umbrellas, protective gear, and items that could be used as shields or for destruction. They participated in confrontational actions, disrupted public order, challenged police enforcement, and harmed Hong Kong’s international image; the guilty plea, physical condition, and expression of remorse were discretionary factors.
The court emphasised that preserving social peace and the rule of law is of utmost importance. Violent and disorderly conduct does not aid reform, and youth is not an excuse for misconduct; sentencing must balance punishment and rehabilitation to serve as a warning and to prevent the deterioration of similar behaviour.
The third defendant was sentenced to 16 months’ imprisonment, to be served immediately; the fourth defendant was sentenced to 16 months’ imprisonment, to be served immediately; the seventh defendant was given a community rehabilitation centre order in lieu of immediate imprisonment; the eighth defendant was sentenced to 18 months’ imprisonment, to be served immediately; the ninth defendant was sentenced to 14 months’ imprisonment, to be served immediately. (Translated from Chinese to English by AI)
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