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 notes that on the evening of 25 August 2019, ten defendants took part in three successive stages of an unlawful assembly along a section of Yen Chow Street in Sham Shui Po, Kowloon. Protesters occupied the carriageway, used debris to block the road, shone laser lights, struck objects, and shouted insulting or provocative slogans. The police repeatedly issued warnings and dispersed the crowd using loudspeakers, blue flags, and black flags, but the protesters returned each time. Eventually, the police advanced along Yen Chow Street towards Cheung Sha Wan Road and intercepted or surrounded them on the pavement and the roadway, arresting ten people.
The prosecution must prove the offence of unlawful assembly beyond reasonable doubt, relying on the cumulative effect of direct and contextual evidence to show that the defendants intended to participate at the relevant time and place and carried out disorderly or provocative acts.
Defendants one, eight, nine, and ten deliberately remained in the core area, carried protective gear, gathered with others to shout provocative slogans, and shone laser lights at officers and the police station. The footage is clear and identifiable, and the cumulative evidence excludes the possibility of innocent bystanding, proving participation in the unlawful assembly. Although defendants two to five and seven were stopped or possessed certain items, this does not meet the standard of the only reasonable and irresistible inference, and there is reasonable doubt as to their involvement.
The court reiterated that no adverse inference may be drawn from a defendant’s silence. Any inference must be founded on irresistible objective evidence, and the court must separately consider each defendant’s actions, equipment, and flight behaviour to assess whether they indicate criminal intent.
The court convicted defendants one, eight, nine, and ten of unlawful assembly; the charges against defendants two to five and seven were dismissed, and they were acquitted. (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 notes that on the evening of 25 August 2019 the defendant took part in an unlawful assembly in three stages on Yen Chow Street in Sham Shui Po, occupying the carriageway, shining a laser at the police, striking objects and shouting abusive slogans. After being dispersed several times, they returned to the scene and were ultimately arrested at the junction of Cheung Sha Wan Road and Yen Chow Street.
Referring to the cases of Chung Ka-ho and Joshua Wong et al., the Court of Appeal’s sentencing range for unlawful assemblies involving violence or public disorder is between 6 and 15 months; in this case, 6 months has been set as the baseline.
The court had regard to the number of people assembled (several dozen to over a hundred), the duration (about 77 minutes), the level of violence (civilians were assaulted and bled), the fact that the defendant only took part in a non-organisational capacity without protective equipment, and the need both to protect the public and to support rehabilitation.
The judge held that although the defendant was not a leader, their actions were sufficient to disturb public order, and immediate imprisonment was required to deter others and uphold the rule of law. The judge also took into account the defendant’s youth and prospects for rehabilitation, balancing punishment with the opportunity for reform.
Defendant One, being underage, was sent to a rehabilitation centre to serve a concurrent 6-month sentence; the sixth defendant received a one-third reduction for pleading guilty, resulting in a 4-month prison term; defendants Eight to Ten were each sentenced to 6 months’ imprisonment, to be served immediately. (Translated from Chinese to English by AI)
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