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 states that between 26 and 27 July 2019 Defendant organized an unauthorised public procession in Yuen Long to condemn a violent incident at Yuen Long MTR Station on 21 July 2019, despite a prohibition by the Commissioner of Police which was upheld on appeal. He publicly announced plans to defy the ban in widely broadcast press conferences, drawing thousands of participants onto Castle Peak Road and adjacent streets, causing serious traffic and transport disruption, standoffs with police, barricades and isolated violence, before the assembly finally dispersed late that night.
Organizing an unauthorised assembly is a pre-emptive public order offence whose gravamen lies in the number of participants and the context; sentencing must reflect the seriousness of the offence, protect public order and safety, deter others, meting out appropriate penalties and openly condemn the conduct.
Aggravating factors included Defendant’s deliberate defiance of a lawful ban, the volatile backdrop of widespread unrest, the large scale of the assembly, extensive disruption, episodes of violence and provocative press conferences; mitigation was limited to his early guilty plea, remorse and personal circumstances, but was not exceptional.
The judge held that the freedoms of assembly are not absolute, and that Defendant consciously challenged public order, underestimated the inherent risks, failed to avert violence despite mediation attempts, and left immediate imprisonment as the only appropriate sentencing option.
After applying a full discount for his early guilty plea, the court imposed an immediate term of 16 months’ imprisonment for organizing an unauthorised assembly.
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