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 13 November 2019 at around midday, roughly several dozen to a hundred protesters unlawfully assembled around Pedder Street in Central, forming an ‘umbrella formation’, obstructing roads and hurling bricks. The police began dispersal at 1:41 pm, and the operation led to the arrests of the second and fifth defendants. Both were charged with unlawful assembly and using a face covering during an unlawful assembly. The prosecution presented CCTV footage and police testimony, while the defence argued the defendants had non-participatory motives such as seeking medical treatment and attending to household matters.
Pursuant to Section 18 of the Public Order Ordinance, the Prohibition on Face Coverings Regulation, and the principles in the Court of Final Appeal’s Lo Kin-man case, unlawful assembly requires proof of three or more persons gathering to disturb order or create a threatening atmosphere, with the use of face coverings constituting an aggravating factor.
Because the second defendant was at the scene of the unlawful assembly and was carrying protective goggles, swimming goggles, a face mask and gloves, and footage showed him throwing bricks to block the road, clearly demonstrating his participation in and facilitation of the unlawful assembly; the fifth defendant was only found, upon being stopped, to have gloves in their bag, lacking evidence of participation or use of a face covering.
The judge found the prosecution’s witnesses and expert reports to be credible and reliable, and that the defence testimony contained multiple contradictions and was insufficiently persuasive; accordingly, the charges against the second defendant were upheld, while those against the fifth defendant were dismissed for failing to meet the standard of proof.
The second defendant was found guilty of unlawful assembly and using a face covering; the charges against the fifth defendant were dismissed. (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 13 November 2019 at noon, the defendant illegally gathered with over a hundred protesters on Pedder Street and adjacent roads in Central, obstructing traffic, forming an umbrella formation and erecting barricades. During this time, protesters threw bricks and debris, damaged the exterior wall of a bank and chanted slogans. The defendant, dressed in black, wearing a face mask, goggles and gloves, threw bricks onto the road. The police issued a warning at around 1:41 pm before dispersing the crowd and arrested the defendant at the scene.
The judge, following the sentencing principles for unlawful assembly established by the Court of Appeal in Secretary for Justice v. Joshua Wong, emphasised that punishment and deterrence are the primary objectives, taking into account factors such as the level of violence, scale of participation, use of tools, duration and the defendant’s role.
The assembly in this case took place during the busy lunch hour in Central’s commercial district, where more than a hundred people formed an umbrella formation and threw bricks, affecting traffic and public order; the defendant carried goggles, a face mask and gloves to conceal their identity and threw bricks, a serious act that fuelled the assembly’s violence, yet the defendant is young and has no prior convictions, so punishment, deterrence and rehabilitation should be balanced.
The judge held that the defendant’s culpability was significant and warranted condemnation and deterrence, but in view of the defendant being only 21 years old, having exhibited good conduct and having no prior record, with high potential for rehabilitation, he was sentenced to a training centre to balance rehabilitation and punishment.
The defendant was convicted of the offences of unlawful assembly and using a face covering during an unlawful assembly, and was concurrently sentenced to a training centre. (Translated from Chinese to English by AI)
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