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 the evening of 21 September 2019 the defendant unlawfully assembled with more than thirty people at a shopping mall in Yuen Long, blocking entrances and damaging CCTV and fire-fighting facilities; they then moved to the city centre, intercepted and assaulted two passers-by, forcibly dragged passengers out of and into a taxi and inflicted grievous bodily harm, and pursued and attacked a person taking photographs, injuring multiple people, in serious disruption of public order.
Based on the offences of unlawful assembly, riot and wounding with intent and relevant case law, the preliminary sentences are 15 months for unlawful assembly, 72 months for riot and 48 months for wounding with intent, to be served concurrently; a guilty plea may reduce the sentence.
The defendant conspired with others to destroy public property and carry out violent attacks on innocent passers-by, causing multiple injuries and public panic; the large number of participants and the prolonged duration seriously affected public order.
The judge did not accept the defendant’s defence of mental health issues or altruistic motives, finding his statements inconsistent with video evidence and his admissions, and therefore not credible; the guilty plea was entered late, meriting only a 20% reduction.
The defendant was convicted on three counts of unlawful assembly, riot and wounding with intent, and sentenced to concurrent terms of 15, 72 and 48 months’ imprisonment; after a 20% reduction the total is 57 months, to be served immediately. (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 sentencing remarks stated that on the evening of 21 September 2019, a group of people unlawfully assembled at Yoho Mall II in Yuen Long and at the exit of the MTR Yuen Long station, setting up chairs and tables chained together as roadblocks, vandalising closed-circuit television and fire alarm equipment, and using umbrellas to obstruct view. In the early hours of the following day, the group moved to Kong King Street, where they stopped a passer-by (the victim), verbally abused him, threw objects to force him to kneel and restricted his liberty, and as he boarded a taxi they surrounded him, sprayed what appeared to be pepper spray, assaulted him and seized his phone and smashed it.
According to HKSAR v Tang Ho Yin and Yeung Ka Lun, the sentencing starting point for rioting is 5 to 5.5 years’ imprisonment, and for false imprisonment is 2.5 years, with reference to principles such as FACC 8/2017 to assess the degree of violence, scale, duration, resulting consequences and level of participation.
The first defendant actively participated in organising the roadblocks, used violence and restricted personal liberty; his conduct was brutal and serious. Considering his autism and attention deficit hyperactivity disorder, his guilty plea and the conservation of judicial resources, a discretionary reduction was applied. Although the third defendant actively vandalised the CCTV, he is only eighteen years old, has no prior convictions, has shown remorse in mitigation and has enrolled at university; he is suitable for education and reform.
The judge criticised the first defendant for using violent means in full view of the public to infringe on others’ liberty and property, sufficient to undermine public order; regarding the third defendant, the judge considered him young and impulsive, and suitable for instruction at a detention and training centre, balancing deterrence and reform.
The first defendant was sentenced to 20 months’ imprisonment for false imprisonment and 40 months’ imprisonment for rioting, to be served concurrently, totalling 40 months, and was ordered to pay HK$2,500 in compensation to the victim within seven days; the third defendant was ordered to undergo instruction at a detention and training centre for the offence of unlawful assembly and to pay HK$7,000 in compensation to the relevant company, which may be deducted from his court deposit. (Translated from Chinese to English by AI)
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