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 from the evening of 13 August 2019 to the early hours of 14 August, a mainland resident in the airport departure hall was surrounded, pulled, insulted and bound by a crowd. The incident unfolded in two phases: the first phase (approximately 23:30–23:49) constituted an unlawful assembly and unlawful confinement; the second phase (approximately 23:49–00:23) escalated into a riot accompanied by multiple people punching and kicking, shining intense lights and hurling insults. Relying on CCTV footage, screenshots, the defendants’ admissions and other identification evidence, the court found the first three defendants guilty on multiple charges, while the charges against the fourth defendant were dismissed.
Pursuant to sections 18 and 19 of the Public Order Ordinance and the common law sentencing guidelines for unlawful assembly, riot, unlawful confinement and assault
Considerations included the defendants’ roles and division of responsibilities within the crowd, the extent of force and verbal abuse used, the harm inflicted on the victim, their attitude towards pleading guilty, and their prior convictions
The first three defendants intended to disrupt public order and actively carried out attacks, and the evidence was sufficient; the evidence against the fourth defendant was insufficient, and he was acquitted
In the end, the fourth defendant was acquitted of the first and second charges; the second defendant was convicted of unlawful confinement, riot and assault occasioning bodily harm; the first and third defendants were found guilty of riot and assault occasioning bodily harm, as well as common assault, obstruction of a public officer and possession of an offensive weapon. Sentencing for each defendant will be determined separately. (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 13 to 14 August 2019 at the departure hall of Hong Kong International Airport, the defendant participated successively in an unlawful assembly and unlawful detention, which then escalated into a riot, and used flagpoles, anti-slip boards and other tools to assault a passenger collectively, causing multiple bruises.
Sentencing guidelines: unlawful detention 12 months, riot 5–6 years, assault occasioning actual bodily harm 12 months, common assault 6 months, obstruction of public servants 6 months, possession of a weapon 18 months; to be served concurrently or consecutively, with reductions for guilty pleas and exceptional circumstances.
Considering the twelve factors for a riot (including number of participants, weapons, location, duration, harm and impact on public order), a medium degree of culpability was determined and immediate imprisonment imposed as a deterrent; the second defendant received a reduced sentence due to intellectual disability; other defendants’ sentences were also adjusted based on individual circumstances.
Violent disruption of public order must be severely punished, and political motivation does not constitute a legitimate justification; mitigating factors carry limited weight, balancing deterrence with rehabilitation.
Defendant One was immediately imprisoned for 5 years and 3 months for riot and related offences; Defendant Two was imprisoned for a total of 4 years and 3 months for unlawful detention, riot and assault, of which 3 years were to be served consecutively; Defendant Three was imprisoned for a total of 5 years and 6 months for riot, assault and possession of a weapon, with the weapon possession portion of 6 months to be served consecutively. (Translated from Chinese to English by AI)
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