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The judgment states that on 11 November 2019, protesters blocked roads on Tai On Street and other locations in Sai Wan Ho, and the police deployed patrol vehicles to deal with traffic congestion. A police officer proceeded to the scene alone, where he encountered dozens of masked individuals in black obstructing the road and shouting insults. The two defendants and two others successively followed and provoked the officer, attempting to seize his service firearm. The officer, under attack and being surrounded from front and back by multiple persons, drew his weapon to order them to stop, but to no avail, and then fired three shots at each of the four individuals in succession. The first defendant, who was shot in the right abdomen, tried to flee but failed; the second defendant and another person at the scene were also subdued and arrested.
According to section 36(b) of the Offences Against the Person Ordinance for intentionally obstructing a police officer, section 10 of the Theft Ordinance and section 159G of the Crimes Ordinance for attempted robbery, and the common law offence of attempting to escape from lawful custody, each is punishable by a term of imprisonment.
The two defendants deliberately obstructed a police officer lawfully performing his duties and repeatedly attempted to wrest his firearm during a lawful arrest; their conduct heightened the risk to public order, involved serious violent intent, and undermined the authority of law enforcement, warranting severe punishment.
The judge considered that the officer was the only uniformed police presence at the scene and faced a real threat of assault and firearm seizure, making his use of a firearm a reasonable application of force; the two defendants offered no lawful justification, and therefore were found guilty of intentional obstruction and attempted robbery. The witnesses’ testimony and video evidence were reliable and sufficient.
The first defendant was sentenced to a total of seven years’ imprisonment for the offences of intentionally obstructing a police officer, attempted robbery, and attempting to escape from custody; the second defendant was sentenced to a total of six years’ imprisonment for intentionally obstructing a police officer and attempted robbery. (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 notes that on 11 November 2019, during the “Triple Strike” protests, the defendant and others blocked the road. When two police officers arrived to manage the situation, the defendant blended into the crowd and, using unlawful force, physically assaulted the lone officer on duty and attempted to seize his service firearm, resulting in one defendant being shot and seriously injured; after reinforcements arrived, the other defendant fled the scene; subsequently, before the ambulance departed, the first defendant attempted to escape but was re-arrested a short distance away. After trial, both defendants were convicted of intentionally obstructing police officers, attempted robbery, and (the first defendant) attempted escape from lawful custody.
The sentencing starting point for intentionally obstructing police officers is 12 months; for attempted robbery, 6 years; for attempted escape, 6 months. There are no fixed guidelines, and the court will consider the circumstances of the case.
The two defendants organised provocations and violently assaulted lawfully on-duty police officers during a public demonstration, attempted to seize firearms and planned to escape; the circumstances were serious, with no remorse or significant mitigating factors, posing a threat to public order.
The defendants’ actions openly challenged law enforcement authority amid a tense social atmosphere; severe punishment is necessary to uphold the rule of law and deter similar violent incidents.
Both defendants will serve their sentences concurrently for their respective offences in the same case, and were ultimately each sentenced to six years’ imprisonment. (Translated from Chinese to English by AI)
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