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 the evening of 13 August 2019 a passenger in the departure hall of Hong Kong International Airport was surrounded by a group of protesters, restrained with cable ties and repeatedly beaten and humiliated. The incident occurred in two phases: in the first phase the fourth defendant and several others controlled the victim with cable ties and bright lights; in the second phase the victim was tied to a baggage trolley and was attacked with weapons by the first to third defendants and others, who also obstructed medical rescue. The prosecution confirmed the identities of the four defendants and secured convictions or acquittals based on CCTV and media footage, screenshots, on-site environmental evidence and comparisons of the detainees’ clothing and movements.
Sentencing followed the guidelines in the Public Order Ordinance and common law on false imprisonment, and the Offences Against the Person Ordinance on assault, taking into account the nature of the offences, impact on public order, injuries sustained by the victim, the defendants’ pleas, their roles and good character, among other factors.
Defendants one to three used violence or threats during a riot to disrupt social order and assaulted the victim causing bodily harm, posing significant danger to society; however, in view of their partial guilty pleas and lack of prior convictions, some mitigation in sentencing is appropriate; the evidence against the fourth defendant was insufficient, resulting in acquittal.
The offences were serious, with riot and assault disrupting public order. Given the differing backgrounds and pleas of each defendant, a balanced approach to sentencing is required, both to uphold the authority of the law and to ensure fairness.
The fourth defendant was acquitted of unlawful assembly and false imprisonment; the second defendant was convicted of false imprisonment, riot and assault occasioning actual bodily harm; the first defendant was convicted of riot, assault occasioning actual bodily harm, common assault and obstructing a public officer; the third defendant was convicted of riot, assault occasioning actual bodily harm and possession of an offensive weapon. (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 indicates that from late on 13 August 2019 until the early hours of the next day, three defendants, together with other demonstrators, illegally confined a mainland resident (hereinafter “the victim”) in the departure hall of Hong Kong International Airport, using cable ties, strong lights and water-dousing to intimidate and deprive him of his liberty. They then took turns to assault the victim, and during that time also obstructed paramedics and others from intervening. The charges include illegal confinement, riot and assault occasioning actual bodily harm.
The offence of illegal confinement carries a maximum penalty of 7 years’ imprisonment, with a sentencing benchmark of 12 months, mitigated to 9 months; the offence of rioting carries a maximum of 10 years (7 years in the District Court), with a benchmark of 5 years and 3 months. The second defendant, being a habitual offender, had this elevated to 5 years and 9 months, then reduced to 51.75 months, and the third defendant was assessed at 5 years; the offence of assault occasioning actual bodily harm carries a maximum of 3 years, with a benchmark of 12 months; the offences of common assault, obstruction of public officers and possession of offensive weapons have their benchmarks determined in accordance with their respective maximum penalties and case facts, with reductions for guilty pleas.
The court considered aggravating factors including the nature of the offences, the degree of violence, the number of participants, the duration, the location being an international airport, and the defendants wearing masks to conceal their identities; the second defendant suffers from a mild intellectual disability, resulting in a one-quarter reduction; the third defendant was a first-time offender and received a discretionary reduction; guilty pleas were given credit; multiple convictions are to run concurrently where facts overlap to avoid an unduly long total sentence.
To uphold the rule of law and public order, there must be visibly deterrent penalties, and violent conduct is intolerable; special circumstances such as intellectual disability or absence of prior convictions may be regarded as grounds for mitigation, but personal factors have limited influence on sentencing.
The first defendant was sentenced to 5 years and 3 months’ imprisonment to run concurrently for the offences of rioting, assault occasioning actual bodily harm, common assault and obstruction of public officers; the second defendant was sentenced to 4 years and 3 months’ imprisonment to run concurrently for the offences of illegal confinement, riot and assault occasioning actual bodily harm; the third defendant was sentenced to a total of 5 years and 6 months’ imprisonment to run concurrently for the offences of rioting and assault occasioning actual bodily harm, with part of the term for possession of an offensive weapon to be served consecutively. (Translated from Chinese to English by AI)
查看完整判刑理由書