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 18 November 2019, the police set up cordons on Science Museum Road and the adjacent plaza in Tsim Sha Tsui, issued repeated warnings to the people gathered, and deployed pepper balls and tear gas to disperse them, ultimately arresting 135 individuals outside Chinachem Plaza. The defendants were present in the area of the unlawful assembly at various times and carried commonly used protest equipment on their person or in their bags, including face masks, goggles, helmets, saline solution, umbrellas, lighter fuel and laser pointers. After trial and expert analysis, all defendants were convicted of unlawful assembly, and the ninth defendant was additionally convicted of possession of an offensive weapon.
Pursuant to section 18 of the Public Order Ordinance, the maximum penalty for unlawful assembly is five years’ imprisonment; under section 33, possession of an offensive weapon is punishable by up to three years’ imprisonment and a fine.
The defendants deliberately brought and may have intended to use common protest equipment at a demonstration that had been ongoing for months, demonstrating intent to participate; the ninth defendant’s possession of a harmful laser pointer met the criteria for possession of an offensive weapon; however, as none of the defendants had prior convictions and this was their first offence, they should be given lighter sentences.
The assembled individuals were organised and intimidating, posing a significant challenge to public order. Merely being present at the scene or carrying relevant equipment constitutes participation and must be met with severe punishment to serve as a warning.
All defendants were found guilty of unlawful assembly, and the ninth defendant was also found guilty of possession of an offensive weapon; sentencing is pending. (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 pointed out that, since 17 November 2019 when the Police appealed to the public to avoid the PolyU campus and its vicinity, protesters nonetheless gathered the following morning between about 08:05 and 08:18 at the Science Museum Piazza and along Science Museum Road, formed a mobile umbrella formation to advance on the police line and shouted loudly. The Police deployed tear gas in phases and the Riot Squad successively encircled them in several locations; ultimately 148 people were arrested outside the Science Museum Piazza and at the Municipal Gardens. Defendants one to nine were convicted of unlawful assembly, and the ninth defendant was additionally charged with possession of an offensive weapon in a public place.
The court imposed sentences under the offences of unlawful assembly and possession of an offensive weapon in a public place, primarily taking into account factors such as the number of participants, location, duration, whether the assembly was premeditated, whether weapons were used or carried, the degree of violence, and the role of each defendant, and referring to the Court of Appeal’s sentencing principles on violent unlawful assembly.
Although the incident did not cause any injuries or property damage, the assembly was brief yet provocative, intended to coordinate with the PolyU riot and to attempt breaching the police line. None of the defendants led or initiated violence, but their presence encouraged others. The ninth defendant also carried a laser pointer as an offensive weapon, increasing the potential danger. The young defendants may be considered for placement in a correctional training centre, while the remaining defendants must receive immediate custodial sentences to demonstrate deterrence and maintain public order.
The court held that immediate custodial sentences were the only viable option; reductions may be applied at the court’s discretion for defendants who are young or show remorse; the sentencing starting point must be increased for those who carried or used instruments; and a correctional training centre is appropriate for the youngest defendants who pleaded guilty and showed a responsible attitude.
The first defendant was sentenced to 13 months’ immediate imprisonment; the second, fourth, sixth and eighth defendants to 10 months’ immediate imprisonment; the seventh defendant to 9 months’ immediate imprisonment; the third defendant to a correctional training centre; the fifth defendant to 7 months’ immediate imprisonment; and the ninth defendant to 13 months’ immediate imprisonment for unlawful assembly and 3 months’ immediate imprisonment for possession of an offensive weapon in a public place, to be served concurrently. (Translated from Chinese to English by AI)
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