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 11 November 2019, protestors blocked roads around Tai On Street in Sai Wan Ho, paralysing traffic. While carrying out traffic control, an officer discovered two masked individuals dressed in black using ropes to bind a traffic light pole and block the road. During the pursuit, the defendant, together with two others, attacked from front and rear and attempted to seize his service revolver; the officer fired three shots in succession, one of which struck the first defendant in the abdomen. The first and second defendants were immediately overpowered and arrested, after which the first defendant attempted to escape.
Pursuant to section 36(b) of the Offences Against the Person Ordinance, section 10 of the Theft Ordinance, and section 159G of the Crimes Ordinance, it must be proven beyond reasonable doubt that the law enforcement officer was acting in the due execution of his duty and that the defendant intentionally obstructed him with the intention to permanently deprive another of property
The defendant participated in an unlawful assembly on a public road, subsequently obstructed a police officer in the execution of his duty, and jointly attempted to seize the officer’s firearm, objectively increasing policing difficulty and demonstrating an intention to permanently deprive the police of their weapons; the first defendant also committed the serious offence of attempted escape from lawful custody, which must be punished to deter society
The judge considered the prosecution’s evidence (including video recordings and witness statements) to be mutually corroborative and reliable; the defendant did not offer an acceptable explanation for the core conduct, and any doubt does not benefit the defendant, so the judge fully accepted the prosecution’s case
Ultimately, the first defendant was convicted of three charges: wilful obstruction of a police officer, attempted robbery, and attempted escape from lawful custody, and was sentenced to eight years’ imprisonment; the second defendant was convicted of two charges: wilful obstruction of a police officer and attempted robbery, and was sentenced to seven years’ imprisonment. Both are to be taken into custody immediately. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 stated that on 11 November 2019 the defendants took part in citywide demonstrations across Hong Kong which blocked roads. At about 7am that morning, a police officer was directing traffic alone when he was followed and provoked by the defendants and their associates. They jointly assaulted the officer and attempted to seize his service pistol. One defendant was shot and injured, and after fleeing in an ambulance was subdued again. The two defendants were subsequently charged with intentionally obstructing law enforcement, attempted robbery and (in the first defendant’s case) attempted escape, and after trial all charges were upheld.
For intentionally obstructing law enforcement, the maximum sentence is 2 years’ imprisonment, with a sentencing starting point of 12 months; for attempted robbery, the maximum is life imprisonment, with reference to the Mao Guangsheng guidelines and aggravating factors such as assaulting an officer to seize a service pistol, the starting point is 6 years; for attempted escape, the maximum is 7 years, with a starting point of 6 months.
The defendants attacked a police officer lawfully performing his duties and attempted to seize his firearm, acting with premeditation and without remorse. Given the high level of social harm, severe punishment is required.
The judge considered that the defendants’ actions seriously undermined the authority of law enforcement and must be met with severe punishment as a deterrent.
In the end, both defendants were sentenced to imprisonment on the two charges of intentionally obstructing law enforcement and attempted robbery, and the first defendant was also sentenced on the charge of attempted escape, all sentences to run concurrently, for a total of 6 years’ imprisonment. (Translated from Chinese to English by AI)
查看完整判刑理由書