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 25 August 2019, between 20:26 and 22:08, the defendants unlawfully assembled on three separate occasions around Yen Chow Street and Cheung Sha Wan Road in Sham Shui Po, occupying traffic lanes, blocking roads, shining laser beams at police officers and the police station, striking miscellaneous items and chanting insulting slogans, repeatedly ignoring loudspeaker warnings and blue-and-black flag signals. Ultimately, the police advanced in phases to disperse the assembly and arrested Defendants 1, 8, 9 and 10; the others were acquitted for lack of evidence.
According to Section 18 of the Public Order Ordinance and relevant decisions of the Court of Final Appeal, sentencing must balance punishment of wrongdoing, deterrence of the public and maintenance of social order.
Defendants 1, 8, 9 and 10 remained within the core assembly area, wore professional protective equipment and engaged in insulting and provocative behaviour, seriously disrupting public peace and warranting severe sentences; the other defendants were not convicted due to unresolved reasonable doubts and insufficient evidence.
Unlawful assembly does not require actual damage; the gathering of three or more persons engaging in disorderly or intimidating and insulting conduct constitutes the offence. The court must respond firmly to uphold the rule of law and maintain public tranquillity.
Defendants 1, 8, 9 and 10 were each sentenced to several years’ imprisonment and had some of their protective equipment confiscated; the remaining defendants were acquitted for lack of evidence and released 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 judgment noted that on the evening of 25 August 2019, the defendants participated in an unlawful assembly in three stages on Yan Chow Street in Sham Shui Po, Kowloon. The protesters occupied the roadway, blocked the roads, shone laser beams at the police station, struck objects, and chanted insulting slogans. After multiple flag warnings, the police advanced to disperse during the third stage. Some of the defendants were stopped and arrested at the junction of Cheung Sha Wan Road and Yan Chow Street. At trial, the first, eighth to tenth defendants were found guilty; the sixth defendant had pleaded guilty early; the remaining defendants were acquitted.
According to relevant cases such as the Chung Ka-ho case and the Joshua Wong case, the sentencing benchmark for violent unlawful assembly ranges from six to fifteen months’ imprisonment. The Court of Appeal in the Joshua Wong case established the sentencing principles and factors, while the Chung Ka-ho case set six months’ imprisonment as the baseline and provided for reductions in sentence depending on the circumstances of a guilty plea.
This case involved an unlawful assembly in three stages, with the number of participants ranging from several dozen to two hundred and lasting approximately seventy-seven minutes. There was no evidence of premeditation, significant violence, or the use of weapons; only one member of the public sustained minor injuries. The protesters were solely participants with no roles in leading, organising, or incitement. Accordingly, the six-month baseline from the Chung Ka-ho case was applied, with consideration given to the guilty plea, age, and education.
The court held that sentencing must balance punishment, deterrence, and rehabilitation, while safeguarding public order and social impact. It considered the defendants’ personal backgrounds and motives, assigned appropriate weight to the applicable sentencing factors, and adjusted the rehabilitative arrangements according to the defendants’ age and remorse.
The first defendant was given concurrent six-month sentences for both counts of unlawful assembly and referred to a rehabilitation centre; the sixth, eighth, ninth, and tenth defendants were each sentenced to six months’ imprisonment, with the sixth defendant’s term reduced by one third to four months for an early guilty plea, and the eighth, ninth, and tenth defendants serving the full six months. (Translated from Chinese to English by AI)
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