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 indicates that on the evening of 29 September 2019 the defendant, together with about fifty persons of unknown identity, wearing black clothing and with their faces covered, and equipped with umbrellas, shin guards and other gear, assembled on the carriageway of Wong Nai Chung Road in Causeway Bay to obstruct traffic and damage roadside fixtures. When riot police officers entered the scene from Sports Road, deployed and made eye contact with the defendant, the defendant turned and fled; the officers then pursued, subdued, and arrested him on the charge of unlawful assembly.
Under Section 18(1) of the Public Order Ordinance, unlawful assembly is punishable by up to five years’ imprisonment; sentencing must consider the scale of the assembly, the extent of disorder caused, the defendant’s conduct and the circumstances of evading pursuit.
The defendant knew the assembly was unlawful yet still blocked the road with others, damaged public property and evaded police pursuit; moreover, his testimony contained numerous contradictions and was dishonest, warranting punishment and deterrence.
He found the prosecution witnesses’ testimony to be truthful and reliable and the defendant’s testimony to be untrustworthy; the prosecution had proved all elements of the offence beyond reasonable doubt, and therefore found the defendant guilty.
The defendant was found guilty of unlawful assembly, with sentencing adjourned. (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 indicated that on 29 September 2019, the defendant, together with over one hundred individuals dressed in black, wearing masks and carrying umbrellas and similar equipment, assembled on the roadway around Wong Nai Chung Road in Causeway Bay. Several of them destroyed roadside closed-circuit television cameras, intending or potentially causing a disturbance to public tranquillity and thereby reasonably inducing fear in others. When police arrived in response to reports, the defendant did not disperse promptly. After being chased, pushed to the ground and subdued, he was arrested for unlawful assembly. In court, based on CCTV footage and police testimony, he was found guilty.
According to section 18(3)(a) of the Public Order Ordinance, unlawful assembly carries a maximum penalty of five years’ imprisonment; and, in line with the sentencing guidelines laid down by the Court of Appeal in Secretary for Justice v. Joshua Wong, the key considerations include the punitive and deterrent functions as well as the extent of premeditation of the violent acts, the number of participants, the use of weapons and tools, the scale and duration of the violence, the resulting consequences, and the defendant’s role and level of participation in the collective action.
In this case, over one hundred individuals were involved, and the participants were pre-equipped with gas masks, goggles and umbrellas, and proceeded to dismantle and damage closed-circuit television equipment; although there was no evidence that the defendant personally committed violence or directed others, he failed to disperse immediately after obscuring his face and struggled when being subdued, which were aggravating circumstances; however, as a first-time offender of good character, with stable employment and serving as his family’s main financial provider, he qualified for mitigation. Therefore, the baseline sentence was set at seven months, with a one-month reduction.
The judge considered that the unlawful assembly posed a serious threat to public order. Although the defendant did not personally commit violence, he must be held accountable for the collective action, and both punitive and deterrent objectives must be served. The judge found immediate imprisonment to be the only appropriate sentencing option.
The defendant was ultimately sentenced to six months’ immediate imprisonment, with no reduction for a guilty plea. (Translated from Chinese to English by AI)
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