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。
According to the judgment, at around noon on 13 November 2019, approximately 300 protesters unlawfully assembled in the Pedder Street area of Central, chanting insults, blocking roads, deploying umbrella formations and confronting the police. From 1:41 pm, the police began a clearance operation; many protesters dispersed, and the second and fifth defendants were later stopped and arrested outside the Zhongjian Building. The second defendant was charged with unlawful assembly and using facial covering at the assembly, claiming it was for medical treatment and assisting his father with renovation; the fifth defendant faced the same charges and denied the allegations. Based on police testimony, CCTV and news footage, expert reports and the defendants’ testimony, the court found the second defendant guilty and the fifth defendant not guilty.
According to section 18(1) of the Public Order Ordinance and the participation and continuity requirements for the offence of unlawful assembly as set out by the Court of Final Appeal in the Lo Kin-man case, combined with the anti-mask provisions prohibiting the use of masks, goggles, gloves and other items that prevent identification.
On that day, the second defendant carried and used industrial goggles, swimming goggles, masks and gloves at the site of the unlawful assembly, demonstrating an intention to participate in and facilitate the assembly; the identification evidence was beyond reasonable doubt. The fifth defendant merely appeared at the chaotic scene, and the evidence was insufficient to show any intent to participate or use facial covering.
In view of the second defendant’s equipment and conduct, which matched common characteristics of unlawful assemblers, and his throwing bricks to block the road, his intention to participate was established; the fifth defendant’s attire and possessions lacked sufficient identifying features or conduct evidence and he should be acquitted.
The second defendant was convicted of two offences—unlawful assembly and using facial covering at the assembly; the fifth defendant was acquitted on both charges and released according to law. (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 at around midday on 13 November 2019, the defendant, together with about one hundred protesters, unlawfully assembled on Pedder Street in Central and surrounding roads, erected roadblocks and an umbrella barricade, and threw bricks and other miscellaneous items to obstruct traffic. During this, the defendant wore black clothing, protective goggles, a mask and gloves to conceal his identity and threw bricks. The police approached and cleared the scene at 1:41 pm, and the defendant was subsequently stopped and arrested.
The judge referred to the punishment and deterrence principles established by the Court of Appeal in relevant cases, and to multiple review cases which used a 6 to 15-month sentencing starting point, while also considering the defendant’s youth and rehabilitation needs.
The judge held that the incident occurred in the commercial core, where protesters blocked roads and erected barricades for over an hour, severely disrupting public transport and social functioning; the defendant carried goggles, a mask and gloves and threw bricks, which encouraged unlawful conduct and required both punishment and social deterrence.
The judge pointed out that although the defendant had no prior convictions, was young and had rehabilitation potential, the offence was serious, and that placement in a rehabilitation centre could combine education with punishment.
The defendant, convicted of unlawful assembly and of using masking items during the unlawful assembly, was sentenced to a period of training at a rehabilitation centre for each offence, with both sentences to be served concurrently. (Translated from Chinese to English by AI)
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