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 on 1 September 2019, the defendant answered an online call and went to the area around Tung Chung Airport to protest. Together with others, within the premises of Tung Chung Swimming Pool they smeared white paint on CCTV cameras, climbed the flagpole to remove and burn the national flag, and on two occasions on Tat Tung Road poured flammable liquid onto roadblocks and water-filled barriers before setting them alight, causing serious damage to government property and the water-filled barriers at the construction site. The entire process was fully recorded by CCTV, mobile phones and news clips. The police arrested the defendant on 6 September and, under caution, obtained a full confession. The court ultimately found him guilty of four offences: criminal damage, insulting the national flag, attempted arson and arson.
In accordance with the statutory sentencing ranges and relevant guidelines under the offences of criminal damage, the National Flag and National Emblem Ordinance, arson and attempted arson, having comprehensively considered the defendant’s subjective intent, manner of conduct and the extent of public danger.
The defendant’s actions were premeditated, directed at destroying and burning government property and national symbols, and posed a fire risk in a public place. The psychiatric expert opinion failed to establish a lack of criminal intent or self-control and does not constitute grounds for mitigation.
The judge considered that the defendant carried out the offences by multiple means and in an organised manner, undermining national dignity and public safety. The detailed confession is credible, and the expert report was biased and failed to undermine the evidence. The sentence should be imposed strictly in accordance with the law as a deterrent.
The defendant was convicted on all four charges, and the court will announce the combined sentence in accordance with the 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 the defendant took part in a demonstration around Hong Kong International Airport in the afternoon of 1 September 2019. First, near Tung Chung Swimming Pool, he damaged the Leisure and Cultural Services Department’s CCTV cameras by spray painting and dismantling them. He then insulted the national flag by burning and defiling it in a public area opposite the pool, and also attempted to burn banners and miscellaneous items across from the pool. Ultimately, he set multiple water barricades alight at the junction of Tat Tung Road and Mei Tung Street. The aforementioned acts were captured on CCTV, by the media, and by prosecution witnesses. The police arrested the defendant on 6 September, and following trial he pleaded guilty, resulting in convictions on all four charges.
Based on relevant cases, the sentencing benchmark for arson (section 60(1) of the Crimes Ordinance) is four to six years’ imprisonment; attempted arson carries the same liability; for criminal damage and insulting the national flag, the starting point is approximately three to four months.
The judge considered that arson is extremely dangerous to society. Although this case did not result in actual casualties or significant property damage, it was an unlawful assembly protest expressing discontent and must have a deterrent effect; the criminal damage was minor, used only to conceal the removal of the flag, and merits three months’ imprisonment; insulting the national flag gravely undermines national dignity and must reflect the importance of upholding the flag, meriting five months’ imprisonment.
The judge acknowledged that the defendant was a first-time offender, young, remorseful, and had positive background factors, but noted that his mental state, the socio-political environment, and his conduct posed a challenge to the rule of law. Imprisonment was the only appropriate penalty; the two arson offences could run concurrently, and sentences should be grouped to reflect their respective gravity.
The defendant was sentenced to six months’ imprisonment for the two offences of criminal damage and insulting the national flag, three months of which were to be served concurrently with the other sentence; for the two offences of attempted arson and arson, he was sentenced to four years and three months’ imprisonment, to run concurrently; in total, he will serve four years and seven months’ imprisonment, and must pay HK$880 in compensation to Hip Hing Construction Company Limited. (Translated from Chinese to English by AI)
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