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 stated that from 13 to 14 August 2019, protesters at the G section of the departure hall at Hong Kong International Airport, in two successive phases, surrounded, dragged and assaulted a mainland resident, binding him to a luggage trolley with tape and cable ties. During the incident, someone held up his blue ‘I love Hong Kong Police’ shirt, shone bright lights and laser beams, exposed his identity card and mocked him. The first phase involved the Fourth Defendant in an unlawful assembly and illegal confinement; the second phase escalated into a riot, during which Defendants One to Three attacked the victim in turn with offensive weapons or bare hands and obstructed paramedics from providing assistance.
According to the Public Order Ordinance and common law provisions for offences such as unlawful assembly, riot, illegal confinement and assault occasioning bodily harm, and having regard to the defendants’ roles, the facts of the crimes, their attitude to the plea and the extent of social harm.
Defendants One to Three acted in concert, engaging in sustained violence and disruption of public order, in breach of the law and with no voluntary surrender or mitigating factors, and should receive severe punishment; the evidence against the Fourth Defendant is insufficient for conviction.
The testimonial and physical evidence, as well as the voluntary admissions, are all reliable. The three defendants conspired to disrupt public order and carried out assaults, and must be held criminally responsible; there are reasonable doubts regarding the Fourth Defendant’s identification, and he should be acquitted under the law.
Defendants One, Two and Three were convicted of rioting, illegal confinement and assault occasioning bodily harm, among other offences, and were each sentenced to several years’ imprisonment; the Fourth Defendant was acquitted of unlawful assembly and illegal confinement for lack of evidence. (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 verdict stated that, during the deep night of 13 to 14 August 2019, two phases of violent incidents occurred at the airport departure hall: in the first phase, about 20 people illegally detained and insulted a passenger; in the second phase, about 40 people used flagpoles, umbrellas and other items to assault and obstruct rescue efforts. Defendants D1 to D3 and others were involved in offences including unlawful detention, riot and assault.
According to the Public Order Ordinance and common law principles, riot carries a maximum sentence of 10 years (7 years in the District Court), unlawful detention a maximum of 7 years, and assault occasioning bodily harm up to 3 years; other offences are subject to their statutory maximum sentences. Sentencing begins by establishing a baseline, then adjusted up or down according to the facts of the case, guilty pleas and personal factors.
The defendants engaged in prolonged rioting at the airport, with multiple people assaulting others and obstructing rescue efforts, severely disrupting order and damaging Hong Kong’s image. Their culpability is medium-high, warranting immediate imprisonment to demonstrate deterrence; mitigating factors such as intellectual disability and guilty pleas were considered for appropriate sentence reduction.
The court held that violence undermines the rule of law and public safety; sentencing must reflect a firm stance on maintaining order, while also considering the defendants’ reintegration into society.
Defendant One was convicted of riot, assault occasioning bodily harm, common assault and obstructing a public officer, to be served concurrently, and sentenced to 5 years and 3 months’ imprisonment; Defendant Two was convicted of unlawful detention, riot and assault occasioning bodily harm, to be served concurrently, and sentenced to 4 years and 3 months’ imprisonment, with 3 years to be served in instalments; Defendant Three was convicted of riot, assault occasioning bodily harm and possession of an offensive weapon, to be served partly concurrently and partly consecutively, and sentenced to 5 years and 6 months’ imprisonment. (Translated from Chinese to English by AI)
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