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 from noon on 13 November 2019, multiple protesters illegally assembled around Pedder Street in Central, blocking roads, forming an umbrella barricade and chanting insulting slogans. After the police issued two warnings to the assembled crowd, they began clearing the area at 1:41 pm, and many fled towards Queen’s Road Central. Two defendants were stopped and arrested outside the China Building. The prosecution, relying on news footage and CCTV recordings, the testimony of nine police officers and expert comparative evidence, alleged that the defendants participated in an unlawful assembly and used facial covering items; the defence argued that they were originally passers-by or assisting with renovation, and that the goggles and other items they carried were for legitimate purposes.
Pursuant to section 18(1) of the Public Order Ordinance and relevant Court of Final Appeal precedents, an unlawful assembly requires the gathering of three or more persons engaging in disorderly conduct or insulting behaviour, with the intention or a real likelihood of disrupting public peace; use of facial covering items during an assembly is also unlawful.
The court held that during the clearance operation the defendant was at the front line of the assembly, carried protest gear such as goggles, masks and gloves, and had thrown bricks and blocked roads. Such conduct permits the inference that they intended to participate in and facilitate an unlawful assembly. The defence offered no reasonable explanation, and the evidence was sufficient to support a conviction.
The judge found the prosecution witnesses to be honest and reliable, and the expert comparisons of clothing and equipment features persuasive; the defence evidence was inconsistent and lacked logic, insufficient to dispel reasonable doubt.
The defendant was found guilty of the two charges of unlawful assembly and of using facial covering items during an assembly; the other defendant was acquitted on the same two charges. (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 the defendant, at noon on 13 November 2019, assembled illegally with over a hundred people around Pedder Street in Central, erected barricades to block roads, staged an umbrella formation and chanted slogans, obstructing traffic in the commercial centre. The defendant wore a mask and goggles, gloves, and threw bricks and debris to further the action, and was eventually intercepted and arrested when the police cleared the scene.
According to established case law of the Court of Appeal, punishment and deterrence are the primary principles, and factors such as the planning of the unlawful assembly, the number of participants, the use of weapons and the duration must be considered; the starting point for adult offenders is around six to fifteen months, with potential adjustments for rehabilitative factors.
In view of the assembly lasting over an hour in a busy commercial district, during which roads were repeatedly blocked, bricks were thrown, barricades erected and identities concealed, causing serious disruption to public order, the punishment must reflect both severity and deterrence. At the same time, the defendant’s youth, lack of prior convictions and rehabilitation prospects warrant consideration of placement in a reform centre.
The judge considered that although the offence was serious, the defendant was only 18 at the time, did not resist during arrest and demonstrated potential for rehabilitation; therefore, to balance punishment and education, sentencing to a reform centre was prioritised.
The defendant was sentenced to an educational disposition at a reform centre for both the unlawful assembly and the use of a masking item during the unlawful assembly, with both sentences to be served concurrently. (Translated from Chinese to English by AI)
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