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 30 October 2019, the defendants and more than ten others, outside the Daxing Action Base on Zhenhuan Road, Tuen Mun, New Territories, Hong Kong, responded to an online call and joined an unlawful assembly of nearly two hundred people, insulting and provoking the police, shining laser pens and dismantling roadblocks to obstruct traffic. The police stopped some of the defendants along the Light Rail tracks and then launched a sweep operation at Kin Sang Estate shopping centre, Yat Shing House in Siu Hin Court and other locations, arresting defendants D2, D3, D4, D5, D6, D8, D9, D11, D12 and D13, and seizing various face-covering items and protest equipment as exhibits for the prosecution.
Under section 18 of the Public Order Ordinance and regulation 3 of the Prohibition on Face Coverings Regulation, participation in an unlawful assembly and the use of face-covering items during such an assembly are punishable by fines and imprisonment under the law.
The defendants dressed in dark clothing and wore masks, balaclavas, goggles and other face-covering equipment, supporting and encouraging disorderly conduct during the unlawful assembly. The court held that their actions fulfilled the elements of the offences of unlawful assembly and the use of face-covering items, with the evidence being clear and leaving no reasonable doubt.
The court adopted a pragmatic rather than rigid approach, accepting the police officers’ honest and reliable testimony and rejecting the defence’s unconvincing evidence, concluding that the defendants all had the intent to participate in and support the assembly.
The court convicted defendants D2, D3, D4, D5, D6, D8, D9, D11, D12 and D13 of the offences of unlawful assembly and the use of face-covering items. (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 states that on 30 October 2019 the thirteen defendants participated in an unauthorised assembly on Leung Wan Street and outside the Tai Hing action base in Tuen Mun. Around 200 protesters chanted insulting slogans, dismantled roadblocks, interfered with traffic lights, shone laser beams at police officers, and some wore face coverings. The police repeatedly used loudhailers and displayed blue flags to warn them to disperse, but the protesters refused. After about an hour, the police advanced in sections, arresting the defendants in the shopping mall lobby, residential buildings, and Light Rail station, and seized masks, gloves, goggles, extendable metal batons and other items. They were charged with unauthorised assembly, using face coverings, and failing to produce proof of identity.
According to Section 18 of the Public Order Ordinance, unauthorised assembly carries a maximum penalty of five years’ imprisonment; under the Prohibition on Face Covering Regulation, using a face covering during an unauthorised assembly carries a maximum of one year’s imprisonment and a level 4 fine; under Section 17C(3) of the Immigration Ordinance, the maximum fine and imprisonment apply. The court sentenced in accordance with the Court of Appeal’s guidelines, balancing public protection, punishment and deterrence, public denunciation and rehabilitation.
In this case the assembly targeted the police and openly challenged the rule of law. Despite multiple warnings, it continued for about an hour, involving the dismantling of railings and interference with traffic. Although no bodily harm resulted, the conduct was threatening. The defendants attended to support unlawful acts; they did not organise or incite others and there were no significant mitigating factors.
The court held that it was necessary to maintain public order and to punish and deter serious unauthorised assemblies; the defendants’ personal backgrounds and expressions of remorse were insufficient to constitute mitigating factors; and sentencing in related cases must remain consistent.
Each defendant was sentenced to 12 months’ imprisonment for unauthorised assembly; those convicted of the face covering offence received an additional three weeks’ imprisonment, to be served concurrently with the main sentence; another defendant was fined HK$1,000 for failing to produce proof of identity. (Translated from Chinese to English by AI)
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