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 7 July 2019, after a lawful demonstration in Tsim Sha Tsui concluded, protesters marched to the junction of Sai Yeung Choi South Street and Shantung Street in Mong Kok and mistook a woman of about 30 years old (hereinafter ‘X’) for an undercover female police officer and surrounded her. More than ten people took turns restraining and pressing her and forcibly demanded that she hand over and delete video footage of the demonstration recorded on her mobile phone. During this period, the first defendant, while restraining X, touched her breast with his hand and pressed his genitals against her buttocks; the second defendant called for the formation of a human chain and used his body to block her path; the third defendant, together with others, pulled at her limbs and repeatedly urged her to hand over her phone for inspection. X struggled and cried for help before being freed, and it was later found that she had bruises on multiple limbs and swelling and pain in her right eye. The prosecution, relying on evidence from online media recordings, closed-circuit television, Octopus card records, and DNA tests, alleged that the three defendants were involved in indecent assault, unlawful imprisonment, and unlawful assembly, and the court found the evidence sufficient.
In accordance with section 122(1) of the Crimes Ordinance, the common law offence of unlawful imprisonment, section 18 of the Public Order Ordinance, and relevant case law sentencing guidelines.
The defendants unlawfully used violence to imprison and indecently assault the victim, violating her bodily integrity and dignity, seriously undermining public peace and the rule of law, and must be punished and serve as a warning.
The judge held that the defendants’ actions did not constitute legitimate law enforcement but amounted to joint criminality; the touching of sensitive body parts reached a level of indecency, posing a serious threat to the victim and to social order.
All three defendants were convicted of the relevant charges, and the court will pronounce the sentences at a later sentencing hearing. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書