涉事地點 :
PolyU (The Hong Kong Polytechnic University)
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。
Court opinion states that on the morning of 18 November 2019, defendants one to nine assembled on the campus of the Hong Kong Polytechnic University and its surrounding areas. On that morning, the police repeatedly warned via the media and at the scene, ordering groups of more than three to disperse and leave immediately. However, over a hundred people remained at the scene, holding umbrellas and protective gear in confrontation, chanting slogans and verbally abusing the police, obstructing the advance of the cordon. The police then issued flag warnings and fired pepper balls and tear gas to disperse them. Finally, at about 08:18, they surrounded and arrested 135 people around the Science Museum Plaza, from the Xin Wenhua Centre to Whampoa Plaza; the defendants were nine of them. Umbrellas, goggles, gloves, helmets, normal saline and other rally equipment were seized at the scene and in the holding cells. The ninth defendant was further charged with a second offence for possession of a Class 3R laser pen.
According to section 18 of the Public Order Ordinance, the offence of unlawful assembly carries a maximum penalty of five years’ imprisonment, and under section 33, the offence of possession of an offensive weapon in a public place also carries a maximum penalty of five years’ imprisonment.
The defendants came prepared, refused to leave, endangered public order, and must be given a deterrent sentence.
The judge considered that the defendants’ testimony was contradictory, that they carried gathering equipment, intentionally participated in and encouraged an unlawful assembly, undermining the rule of law and social order.
Defendants one to eight were each sentenced to six months’ imprisonment for unlawful assembly, suspended for twenty-four months; the ninth defendant was further sentenced to an additional three months for possession of an offensive weapon, totalling nine months’ imprisonment, suspended for thirty months. (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 morning of 18 November 2019, between about 08:05 and 08:18, approximately one hundred people gathered at the Science Museum Plaza in Tsim Sha Tsui, using umbrellas to ram the police cordon and carrying various protest equipment. After warnings proved ineffective, the police deployed tear gas and arrested 135 people. At trial, the third and fifth defendants pleaded guilty; the others, after denying the charges, were all convicted of unlawful assembly, and the ninth defendant was also convicted of possession of an offensive weapon.
The maximum sentence for unlawful assembly is five years, with sentencing guided by the number of participants, the location, the duration, any weapons used, and the defendants’ roles. The maximum sentence for possession of an offensive weapon in a public place is three years, with sentencing determined by the weapon’s nature and the intention.
The assembly lasted 13 minutes; although there were no casualties, the umbrella formation was used to provoke the police line, intending to assist the Hong Kong Polytechnic University riot and posing a risk of escalation. Most defendants only carried protective gear and had no leadership roles; their backgrounds and conduct were favourable and could warrant mitigation, but immediate imprisonment was deemed necessary to maintain order.
The judge believed that the participants, fully aware of the context, still incited others; their conduct exceeded a peaceful demonstration, severely disrupting public order, and needed to be punished as both a warning and a deterrent.
The first defendant was sentenced to 13 months’ imprisonment; the second, fourth, sixth and eighth defendants to 10 months each; the seventh defendant to 9 months; the third defendant was sent to a re-education centre; the fifth defendant to 7 months; and the ninth defendant to 13 months for unlawful assembly and 3 months for possession of an offensive weapon, to be served concurrently. (Translated from Chinese to English by AI)
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