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 stated that since the outbreak of continuous clashes on 11 November 2019 on the campus and surrounding areas of Hong Kong Polytechnic University, the defendants on the early morning of 18 November made their way along Centennial Path, Mody Road Path and Science Museum Road and gathered in the vicinity of Science Museum Plaza and Hua Mao Plaza, holding umbrellas to form a shield, shouting slogans and using them to obstruct the officers’ line of sight. The Police Mobile Unit established cordons B2, Y1, Y3 and Y4, repeatedly issued warnings of unlawful assembly and raised black flags via loudspeaker, then deployed pepper-ball rounds and tear gas to disperse the crowd. At about 08:18, 135 arrests were announced. The defendants were respectively charged with “unlawful assembly” and “possession of offensive weapons in a public place.”
Under Section 18 of the Public Order Ordinance, the offence of unlawful assembly is punishable by up to five years’ imprisonment; under Section 33, the offence of possession of offensive weapons is punishable by up to three years’ imprisonment and a fine.
The defendants were present at the scene of the unlawful assembly, carrying protective and offensive demonstration equipment and acting in an organised manner. Their testimony is not credible and they offer no reasonable explanation. A firm response is required to address the crisis of disrupted public tranquillity.
The defendants knew the conflict had already begun but came prepared and actively participated in the prohibited conduct. Their intent to participate was clear and they should be held criminally responsible for their actions.
The defendants were found guilty of unlawful assembly and possession of offensive weapons in a public place; sentencing will be delivered at a separate hearing. (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 states that from 11 November 2019 the Hong Kong Police repeatedly urged members of the public not to go near the Polytechnic University, but over a hundred people nevertheless gathered at around 08:05 on 18 November at the Tsim Sha Tsui Science Museum Plaza and along Science Museum Road. They formed an umbrella formation to approach the police line, shouting slogans. The police issued multiple warnings to the protesters and fired tear gas. After the protesters retreated, they remained at the Science Museum Plaza in confrontation. Subsequently, Mobile Unit reinforcements arrived, and at about 08:18 they surrounded and arrested a total of 135 people outside and in the vicinity of Hua Mao Plaza and adjoining building passageways. During on-site and police-station searches, umbrellas, protective equipment, some saline solution, masks, helmets and other items were seized. Nine defendants were charged with unlawful assembly; the ninth defendant was also charged with possession of an offensive weapon. After trial and plea submissions, the bench found the defendants guilty and pronounced sentence on 27 January 2024.
According to the Public Order Ordinance and relevant Court of Appeal precedents, sentencing must weigh the social harm of the unlawful assembly, the level of organisation, number of participants, location, duration, use of violence or weapons, the role of each defendant, whether they carried sharpened instruments, wore masks or refused to heed warnings, and must also take into account mitigation factors such as the defendant’s age, remorse, guilty plea, background and subsequent conduct.
Although this unlawful assembly lasted only 13 minutes and did not cause property damage or casualties, it formed part of the upheaval at the Polytechnic University, with protesters using umbrellas to charge the police cordon, creating significant risk and public harm. Immediate imprisonment was therefore the only sentencing option. The defendants were mere participants without leadership roles or acts of property destruction, and most carried only protective equipment; the ninth defendant carried a laser pointer, and the first defendant once carried lighter fluid, posing a slightly higher risk; some defendants were young, pleaded guilty or had poor health, meriting some reduction.
The bench considers that deterrence and prevention of reoffending must be the primary considerations, while taking into account each defendant’s individual circumstances and demonstration of repentance. Accordingly, 12 months was set as the starting point for sentencing, with upward adjustment for those who carried offensive items, and downward adjustment for good background and mitigation factors, thereby differentiating the sentences.
The nine defendants were sentenced as follows: Defendant One was imprisoned for 13 months; Defendants Two, Four, Six and Eight were each imprisoned for 10 months; Defendant Seven was imprisoned for 9 months; Defendant Three was sent to a labour training centre; Defendant Five was imprisoned for 7 months; Defendant Nine was imprisoned for 13 months on count one and 3 months on count two, to be served concurrently. (Translated from Chinese to English by AI)
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