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 participated in protests in Tung Chung, first vandalising a CCTV camera at a swimming pool, then removing and burning the national flag. Subsequently, on Tat Tung Road they poured a flammable liquid in an attempt to ignite a roadblock, and at the junction of Mei Tung Street and Tat Tung Road they set alight a water-filled barrier. The four offences were carried out with clear methods and are proven by video footage and the defendant’s own statements.
In accordance with the sentencing guidelines for criminal damage, desecration of the national flag and arson, taking into account the nature of the offences, the harm to society and the defendant’s attitude towards the plea.
The defendant acted in an organised manner and deliberately destroyed government property, desecrated the national flag and carried out and attempted arson. These actions seriously endangered public safety; the psychiatric defence was not accepted and the offences warrant severe punishment.
The witness testimony, video footage and confession constitute conclusive evidence; the defence’s psychiatric expert report was unpersuasive and fails to overturn the conclusion that the defendant had criminal intent. All four offences are established.
The defendant was found guilty on all four counts: criminal damage, desecration of the national flag, attempted arson and arson, and now awaits sentencing, which will result in a custodial term of several years. (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 verdict, the defendant, in response to an online call on 1 September 2019, participated in protests around Hong Kong International Airport. During this time, near the Tung Chung Swimming Pool on Lantau Island, he sprayed paint on and damaged the Leisure and Cultural Services Department’s Closed-Circuit Television cameras, removed the national flag on site and handed it to others for burning, attempted to burn banners and debris on the footpath opposite the swimming pool, and set water-filled barriers on fire at the junction of Tat Tung Road and Mei Tung Street. These actions were all recorded by CCTV and by the media or witnesses on mobile phones. The police arrested the defendant on 6 September, and he fully admitted all charges during the caution and video-recorded interview.
This court, with reference to relevant arson cases in the District Court and the High Court, notes that the sentencing starting point for arson and attempted arson offences ranges between 4 to 6 years; the starting points for criminal damage and insulting the national flag offences are approximately 3 and 4 months respectively.
In view of the defendant having committed arson and attempted arson during an unlawful assembly, although no specific target was singled out and the fire was extinguished swiftly, these acts challenge the rule of law and disrupt public order and thus require sufficient deterrence; while the offences of criminal damage and insulting the national flag are relatively minor, they damaged public facilities and seriously demeaned the dignity of the national flag, and therefore also warrant punishment; as the defendant is a first-time offender, young, remorseful and of good character, the sentence may be reduced accordingly.
The judge holds that imprisonment is the only appropriate form of punishment, as non-custodial options would not reflect the seriousness of the offences; the sentences for arson and attempted arson may be grouped and served concurrently to reflect their continuity; the act of insulting the national flag is reprehensible and requires a substantive custodial sentence to demonstrate the legislative purpose of safeguarding the dignity of the national flag and to provide deterrence.
The defendant is sentenced to 3 months’ imprisonment for the offence of criminal damage and 5 months’ imprisonment for insulting the national flag, the two sentences to be combined to a total of 6 months’ imprisonment to be served consecutively; 4 years’ imprisonment for attempted arson and 4 years and 3 months’ imprisonment for arson, to be served concurrently; resulting in an aggregate total sentence of 4 years and 7 months’ imprisonment, and must pay HK$880 in compensation. (Translated from Chinese to English by AI)
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