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 noted that on the morning of 18 November 2019, multiple individuals gathered on the Science Museum Plaza outside Hong Kong Polytechnic University and on nearby roads, holding umbrellas to form an umbrella formation and chanting slogans. They ignored repeated warnings and dispersal measures by the police. During this time, some individuals moved along Centenary Path and Mody Road Path. Riot Police Units Y1, Y3, Y4 and B2 successively established cordons and fired pepper-ball rounds and tear gas, surrounding, stopping and arresting about 135 people. The first to ninth defendants were charged with unlawful assembly, and the ninth defendant was additionally charged with possession of an offensive weapon in a public place. After trial and hearing witness and expert evidence and the defendants’ own defences, the court found that all nine had intentionally participated in and supported the unlawful assembly, and that the ninth defendant intended to use a laser pointer as an offensive weapon, and accordingly convicted them.
According to section 18 of the Public Order Ordinance, unlawful assembly carries a maximum imprisonment term of five years; the ninth defendant additionally contravened section 33 relating to possession of an offensive weapon in a public place, punishable by up to three years’ imprisonment.
Each defendant personally attended and carried anti–tear gas equipment and clothing to conceal their identities, and despite police warnings proceeded to the scene to support or assist the protesters. They carried items such as a laser pointer, a potential offensive weapon, seriously disrupting public order and warranting punishment.
Societal peace was seriously threatened; punitive measures are necessary to deter others from breaking the law and to prevent violent gatherings in public places.
The first to ninth defendants were convicted of unlawful assembly, and the ninth defendant was also convicted of possession of an offensive weapon in a public place. The court will set a date for sentencing. (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 judgement states that from 11 November 2019, multiple illegal acts occurred on and around the PolyU campus. On 17 November, the police had urged the public to avoid the area, but between 08:05 and 08:18 on 18 November approximately 100 to 200 people illegally assembled at the Science Museum Piazza and adjacent roads, using umbrellas to form barricades, chanting slogans and applying pressure on the police lines. The police then formed the Y1 and Y3 defensive lines and, after warnings were ignored, surrounded and arrested a total of 148 people using tear gas and tactical advances, seizing umbrellas and other protective equipment. Nine defendants were convicted of unlawful assembly, one of whom was also found guilty of possessing a laser pointer as an offensive weapon.
In accordance with Sections 18 and 33 of Chapter 245 of the Public Order Ordinance, with reference to the ‘Joshua Wong’ case and others, taking into account the number of participants, location, equipment, duration, level of violence and the defendant’s role.
This case involved an assembly in support of internal riots at PolyU, using umbrellas to breach the police lines, which seriously threatened public order; most defendants were first-time offenders who entered guilty pleas and showed remorse, but as they played only participatory roles, immediate imprisonment was necessary to achieve deterrence and uphold the rule of law.
The judge considered that although the protest lacked elaborate planning, it was provocative and posed risks; mitigation was applied in light of the defendants’ age, health and remorse, but immediate imprisonment was still imposed to address the public nuisance and the need for deterrence.
Defendant 1 and Defendant 9 (Charge 1) were each sentenced to 13 months’ immediate imprisonment; Defendant 9 (Charge 2) was further sentenced to 3 months, to be served concurrently with the primary sentence; Defendants 2, 4, 6 and 8 were each sentenced to 10 months’ immediate imprisonment; Defendant 7 to 9 months; Defendant 5 to 7 months; while Defendant 3 was sent to a labour training centre. (Translated from Chinese to English by AI)
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