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 notes that on 30 October 2019 approximately 200 people gathered outside the Da Hing Action Base on Zhenhuan Road in Tuen Mun, using abusive language, laser pointers and torches to provoke the police. Acting on orders, the police carried out a dispersal and made arrests; ten defendants were stopped at Leung Wan Street, the Kin Sang Estate shopping arcade and the lobby of Yat Sang Court, where multiple items commonly used in demonstrations—dark clothing, masks, gloves, gas masks, flags—were found and the relevant facts admitted. The prosecution charged the defendants with unlawful assembly and with using face coverings during an unlawful assembly under Section 18 of the Public Order Ordinance and Regulation 3 of the Prohibition on Face Covering Regulation.
With reference to Section 18 of the Public Order Ordinance and Regulation 3 of the Prohibition on Face Covering Regulation, the sentencing range is determined by the level of involvement in the unlawful assembly, the items used and the circumstances of resisting arrest.
The defendant wore dark clothing and used masks, gloves and gas masks at an unauthorised assembly, leveraging numbers to intensify clashes with the police. There was clear organisation and intent to participate, and such conduct undermines public order and must be severely punished.
Unlawful assembly is a highly mobile ‘participatory offence’, and the court should pragmatically examine the location, attire and personal items of the defendant at the time of arrest. Their actions supported and encouraged others to disrupt order, and the evidence is sufficient for conviction.
The court found the defendant guilty of unlawful assembly and of using face coverings during an unlawful assembly, with sentencing to be determined separately. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 stated that on the evening of 30 October 2019, thirteen defendants participated in an unauthorised assembly on Leung Wan Street and adjacent areas in Tuen Mun. The demonstrators shouted insulting slogans; some dismantled metal railings, obstructed traffic and shone laser beams at police officers, and some covered their faces during the assembly. The police repeatedly warned them to disperse by loudspeaker and displayed a blue flag, but these warnings were ignored. The defendants were then arrested at the base, a shopping centre, a building lobby and a light rail station. After trial or plea, the defendants were found guilty of unlawful assembly, using facial coverings, failing to produce identity documents, and possessing tools.
The maximum sentence for unlawful assembly is five years; in this case, 12 months’ imprisonment is used as the sentencing benchmark; for using facial coverings during an unlawful assembly, the benchmark is three weeks’ imprisonment; for failing to produce identity documents, a fine is imposed.
Because the defendants openly challenged the law enforcement agencies, ignored repeated warnings and supported the assembly, which lasted nearly an hour and disrupted public order, with no significant mitigating factors, the sentence must be punitive and deterrent.
The judge held that although the defendants did not use serious violence, their conduct constituted serious illegality and open provocation, requiring immediate imprisonment to uphold the rule of law and public order.
Each defendant was sentenced to 12 months’ imprisonment for the offence of unlawful assembly; several defendants received an additional three weeks’ imprisonment for using facial coverings, to be served concurrently with the main sentence; one defendant was fined 1000 dollars for failing to produce identity documents. (Translated from Chinese to English by AI)
查看完整判刑理由書