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 noted that on the afternoon of 1 September 2019, the defendant, responding to a call on social media, gathered with a large group of protesters at Tung Chung Swimming Pool and in the vicinity of Tat Tung Road. During this time, the gold-haired protester first sprayed white paint on CCTV camera No. 35 at the pool, causing the camera to fail, then climbed the flagpole, removed the national flag and burned it in a bin and by the roadside in an act of desecration. He then poured a flammable liquid on a roadblock in an attempt to set fire, and at the junction of Mei Tung Street and Tat Tung Road he ignited oil, destroying water barricades belonging to Hip Hing Construction Co Ltd. The police arrested the defendant on 6 September, seized relevant clothing, gas masks and other evidence, and recorded his statement and caution interview in which he pleaded guilty.
Pursuant to the Crimes Ordinance and case law, and taking into account the statutory maximum terms and sentencing guidelines for the offences of criminal damage, desecration of the national flag, attempted arson and arson.
The defendant’s actions were planned and organised, violating national dignity and public safety. The incident caused damage to government property and sparked a fire, posing high danger and warranting severe punishment to uphold the rule of law.
The defendant voluntarily admitted guilt when cautioned, and the psychiatric defence expert’s opinion was insufficiently objective. The confession is credible; the conduct was deliberate and resolute, with clear criminal intent. All four charges are established.
The defendant was convicted on all four charges and sentenced to five years’ imprisonment. (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。
According to the judgement, on 1 September 2019 the defendant participated in protests at the airport, during which he damaged a Leisure and Cultural Services Department CCTV camera near the Tung Chung Swimming Pool, took down and burned the national flag, attempted to set fire to a banner and miscellaneous items, and set fire to a water-filled barrier at the junction of Tat Tung Road and Mei Tung Street. He thereby committed four offences of criminal damage, insult of the national flag, attempted arson and arson. The entire incident was recorded on video, and the police arrested the defendant on 6 September. Under caution and thereafter the defendant made unreserved admissions. The court found him guilty on all four counts.
Sentencing guidelines: With reference to cases of arson during unlawful assemblies, the typical sentence is four to six years, with attempted arson starting at four years and arson at four years and three months; criminal damage three months; insult of the national flag four to six months.
Reasoning for sentencing: The crime of arson warrants enhanced deterrence due to the potential risk to life and property; although the acts of damage and insult to the national flag are relatively minor, they are reprehensible as they demean a symbol of national dignity; the offences are closely related in time and space, so partial concurrent sentences are appropriate; as the defendant is a first-time offender and acted on impulse, some reduction of sentence may be considered.
Judge’s view: The defendant’s conduct seriously challenges the rule of law; although no actual harm to life occurred, there was potential risk; a non-custodial sentence would be insufficient to respond to the seriousness of the offences; ADHD does not constitute a valid ground for sentence reduction; a stiff sentence is necessary to demonstrate the legal commitment to protecting public order and the dignity of the national flag.
Sentence outcome: The defendant was sentenced to four years and three months’ imprisonment for the offences of attempted arson and arson, to be served concurrently; six months’ imprisonment in total for the offences of criminal damage and insult of the national flag (with part to be served intermittently); the aggregate sentence is four years and seven months’ imprisonment, and he is required to pay HK$880 in compensation to Hip Hing Construction Company Limited. (Translated from Chinese to English by AI)
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