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 indicated that the Hong Kong Special Administrative Region charged eight defendants with initiating and participating in an unauthorised assembly in Central on 13 November 2019. During the subsequent police clearance and arrests, each defendant was charged with four counts, including unlawful assembly, criminal damage, and possession of articles with intent to destroy or damage property. The eighth defendant applied to be tried separately from the other defendants, arguing that much of the evidence was unrelated to him and that a separate trial would save resources. The prosecution opposed the application, stating that all charges stemmed from the same unlawful assembly incident and that a joint trial would not be unfair. This bench dismissed the application after the hearing and provided written reasons.
Pursuant to Rule 7 of the Indictment Rules, if multiple charges are based on the same facts or constitute a series of offences of the same or similar character, they may properly be joined in one indictment and tried together.
The offence faced by the eighth defendant of possession of instruments to destroy property shares a common factual origin with the offences of the other defendants in the same unlawful assembly incident, and the evidence involved (such as CCTV footage, the quantity and intended use of the instruments, the location of arrest and the circumstances of escape) can be presented together without causing unfairness or prejudicing the right to a fair trial. A separate trial would instead increase prosecutorial resources and result in witnesses being called to testify more than once, and the presiding judge is capable of ensuring that each defendant receives fair consideration.
The judge held that a joint trial was consistent with legal principles and posed no risk of unfairness, and that no exception would be made to separate the eighth defendant’s trial on account of his counsel’s scheduling issues.
This bench dismissed the eighth defendant’s application for a separate trial, and all defendants will continue to face a joint trial. (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。
According to the judgment, on the afternoon to evening of 13 November 2019, the defendants participated in an unlawful assembly on several streets in Central. The police arrived to clear the scene at around 19:30 and arrested 68 people. Defendants 2 to 8 were charged with unlawful assembly, criminal damage, and possession of items with intent to destroy or damage property, among other offences. After the trial, the court heard evidence and special procedures from both the prosecution and defence and found Defendants 2, 5, 7, and 8 guilty on some charges, while Defendants 3 and 6 were acquitted.
Pursuant to section 18 of the Public Order Ordinance and related provisions, sentencing takes into account the nature of the conduct, its consequences, any equipment used, and the defendant’s plea attitude.
The court found that Defendants 2 and 5 organised the erection of roadblocks and damaged public property; Defendant 7 sprayed paint on the walls of Central MTR station; Defendant 8 possessed multiple tools capable of demolishing or damaging property, each of which posed serious harm to society and required severe punishment; Defendants 3 and 6 lacked sufficient evidence and were acquitted in accordance with the law.
The defendants in this case were well equipped and acted in an organised manner, posing a serious threat to public safety and meriting severe punishment; for those with insufficient evidence, the presumption of innocence is upheld to maintain the fairness of the trial.
In the end, the court sentenced Defendants 2 and 8 to ten to twelve months’ imprisonment respectively, Defendant 5 to two years’ imprisonment, and Defendant 7 to twelve months’ imprisonment; Defendants 3 and 6 were acquitted and released. (Translated from Chinese to English by AI)
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