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 notes that on 19 November 2020, the defendant responded to a Telegram call and took part in an unlawful assembly of around 100 people on the Chinese University of Hong Kong campus. On the day, protesters first gathered at the rest area of University Station Exit A, holding banners and shouting slogans such as「Liberate Hong Kong, Revolution of Our Times」「Release the Twelve」. They then marched along Station Road, Huanhui East Road and Million Avenue. During this time, the defendant, clad in black and wearing a mask, used a loudspeaker to lead chants and displayed inflammatory slogans. The demonstration lasted approximately two hours before dispersing. He was arrested on 7 December 2020 and pleaded guilty.
In accordance with the elements of the offence of unlawful assembly and the principles of the Court of Appeal, consideration must be given to the nature and gravity of the crime, the number of protesters and associated risks, the offender’s motive and personal background, and, following the principles of juvenile offender treatment, non-custodial correctional options should be considered first.
Given that the defendant planned and led the protest, shouted inflammatory slogans, reoffended while on bail, and although there was no violence there was a risk of confrontation; at the same time his being under 21 years old, his mental and psychological condition, family background and level of education were taken into account. A balance between the dual objectives of punishment and the public interest must be maintained.
The judge held that although the defendant is young and has mental health considerations, serious punishment and deterrence are still necessary; however, to address rehabilitation needs, enhance legal awareness and vocational skills, detention in a training centre with strict discipline and reformative functions is the most appropriate choice.
Finally, the court ordered that the defendant be detained in a training centre for a term to be determined by the Commissioner of Correctional Services, with a minimum detention of six months, with a view to achieving the aims of punishment, deterrence and rehabilitation under strict discipline and vocational training. (Translated from Chinese to English by AI)
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