涉事地點 :
Airport (Hong Kong International Airport)
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 late at night from 13 to 14 August 2019, mainland residents at the departure hall of Hong Kong International Airport were surrounded, detained and assaulted by multiple protesters. The incident can be divided into two phases: first, the fourth defendant was involved in unlawful assembly and unlawful detention; second, the first to third defendants were involved in unlawful detention, rioting and assault causing bodily harm. The prosecution identified the defendants by CCTV and media footage, screenshots, contextual evidence and their admissions. The defence challenged the identification evidence and the voluntariness of the admissions, and applied for expert evidence regarding the second defendant’s mental condition. After special procedure review and closing submissions, the court found the prosecution’s evidence to be sufficient and credible.
In accordance with the Public Order Ordinance, the Offences Against the Person Ordinance and relevant case law, considerations include the nature of the offence, whether there were co-defendants, the degree of violence, the extent of the victim’s injuries and the impact on society; factors such as guilty plea, first-time offence and mental condition are taken into account for mitigation.
The defendants acted collectively, using implements to detain and assault the victim, disrupting public order and causing bodily injury, which is a serious matter; however, the second defendant voluntarily confessed after being cautioned by the police and their mental state did not affect their cognition, warranting moderate leniency.
The identification of each defendant, relying on video stills and contextual evidence, leaves no reasonable doubt; expert evidence was reviewed under special procedure and the admissions were found to be fair and voluntary. Therefore, the court upheld the prosecution’s charges and accepted its evidence.
Defendants One, Two and Three were found guilty of unlawful detention, rioting and assault causing bodily harm; sentencing will be scheduled at a later date. Defendant Four was acquitted of unlawful assembly and unlawful detention and released. (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 from the late night of 13 August 2019 to the early hours of the following day, the three defendants, together with about forty protesters, illegally assembled in the departures hall of Hong Kong International Airport, detained a mainland Chinese passenger and used cable ties to bind him, bright lights, umbrellas and anti-slip plastic signs to gang up on and assault him, causing multiple bruises to his body. The first defendant further obstructed paramedics from providing aid; the second and third defendants assisted in the detention and in shining lasers, respectively.
The bench, applying the statutory maximum penalties for each offence and citing Section 19 of the Public Order Ordinance and the twelve sentencing factors for rioting from the Leung Tin-kei case, emphasises deterrence as the primary principle while also balancing the need for rehabilitation.
In sentencing, the court took into account the landmark status of the venue, the riot lasting over fifty minutes, the participation of more than forty people and the use of various items at the scene as weapons, as well as the obstruction of emergency medical assistance, constituting a serious disruption of public order. The second defendant’s mild intellectual disability is a special mitigating circumstance; the other defendants have no equivalent mitigating factors.
Violent protests undermine the rule of law and social tranquillity and must be sternly condemned and deterred; however, for those who have genuinely pleaded guilty or have special circumstances, a discretionary reduction in sentence may be applied, provided it does not affect the overall deterrent function of the penalty.
The first defendant was sentenced to 5 years and 3 months’ imprisonment, to be served concurrently for the offences of rioting, assault occasioning actual bodily harm, common assault and obstruction of a public officer; the second defendant was sentenced to 4 years and 3 months’ imprisonment, to be served concurrently for the offences of unlawful confinement, rioting and assault occasioning actual bodily harm; the third defendant was sentenced to 5 years and 6 months’ imprisonment, with the terms for rioting and assault occasioning actual bodily harm to be served concurrently and the sentence for possession of an offensive weapon to run consecutively. (Translated from Chinese to English by AI)
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