控罪：
Assault occasioning actual bodily harm
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 notes that, between 11:30pm on 13 August 2019 and 12:23am the following day, a two-stage assault took place in the departure hall of Hong Kong International Airport. In the first stage, the fourth defendant and others assembled illegally, surrounded a mainland passenger within the core area and forcibly confined him using cable ties, their bodies and verbal threats, and rifled through his belongings; in the second stage, the first to third defendants and others proceeded to carry out a riotous assault on the victim using laser beams, water dousing, stripping off his trousers, and punching and kicking, resulting in injuries necessitating hospital treatment. The prosecution established the involvement of the four defendants through CCTV screenshots, items seized upon arrest, and partial confessions by the defendants.
In accordance with Sections 18 and 19 of the Public Order Ordinance and Section 39 of Chapter 212 (Offences Against the Person Ordinance), unlawful imprisonment, riot and assault causing bodily harm are serious offences. Sentencing must consider the defendant’s role, common purpose, the extent of the victim’s injuries and the level of disruption to public order.
Defendants one, two and three, during the riot, bound the victim with cable ties, shone laser beams at him, and punched and kicked him, with their conduct being both organised and violent, resulting in the victim’s hands and feet being restrained and multiple bodily injuries, warranting punishment; the charge against the fourth defendant does not stand as the video and environmental evidence fail to eliminate reasonable doubt.
The judge held that the quality of the prosecution’s CCTV footage and multi-angle screenshots was sufficient to identify the defendants, and that the cumulative effect of the contextual evidence and the defendants’ admissions clearly showed that the three defendants had jointly planned and participated in the riot. The defence’s arguments regarding measures to prevent disturbance of public order and the influence of mental illness were dismissed, rendering the verdict just.
The court ultimately convicted defendants one, two and three respectively of riot and assault causing bodily injury, and additionally convicted defendant two of unlawful imprisonment; sentencing has been adjourned until tomorrow for pronouncement of the sentences. The fourth defendant was acquitted and released for lack of sufficient 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 judgment states that the defendant, between 13 and 14 August 2019, at the departure concourse of Hong Kong International Airport, used cable ties to illegally detain a Mainland resident for 50 minutes, and gathered about 40 people to use violence in batches, including attacking and insulting with makeshift weapons such as flagpoles, umbrellas and anti-slip signs. The defendant was present, participating in pulling, tying up and obstructing rescue; the incident caused multiple bruises and swelling to the injured, disrupted airport operations, and affected public order and the city’s international image.
Illegal confinement carries a maximum sentence of 7 years, with 12 months as the baseline and a one-quarter reduction; the offence of riot (Section 19 of the Public Order Ordinance) has a maximum of 7 years in the District Court, referencing the 12 factors in the Leung case as medium culpability, with a baseline of 5 to 6 years; assault occasioning actual bodily harm carries up to 3 years, baseline 12 months; common assault up to 12 months, baseline 6 months; obstruction of a public officer up to 6 months, baseline 6 months; possession of an offensive weapon in a public place up to 3 years, baseline 18 months.
Considerations include the lengthy period of confinement, the insulting and beating conduct, the coordinated group action, the use of non-lethal weapons, the airport being an international hub, and the serious impact on public order, necessitating immediate imprisonment and deterrence; a one-quarter reduction is applied to the second defendant due to intellectual disability; a plea reduction is applied.
Violent disruption of public order undermines the core of the rule of law; political motivation does not constitute a mitigation factor; youth or first-time offender status carries limited weight; the conduct must be strongly condemned to maintain social tranquillity and to warn the public.
Defendant One is sentenced to a total of 5 years and 3 months’ imprisonment for riot, assault occasioning actual bodily harm, common assault and obstruction of a public officer; Defendant Two is sentenced to a total of 4 years and 3 months’ imprisonment for illegal confinement, riot and assault occasioning actual bodily harm (including partial consecutive service of previous sentences); Defendant Three is sentenced to a total of 5 years and 6 months’ imprisonment for riot, assault occasioning actual bodily harm and possession of an offensive weapon in a public place (with part of the sentence to be served consecutively). (Translated from Chinese to English by AI)
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