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。
According to the judgment, the case occurred in October 2019 during a period of intense social movement when the government enacted the Prohibition on Face Covering Regulation, and Tiu Keng Leng MTR station was closed due to protest damage. In the early hours of 8 October 2019, two defendants wearing face masks and dark clothing used a gap in a damaged wooden panel to break into the station. One held a hammer and the other a chisel; they successively smashed the platform screen doors and threw ladders and tools onto the tracks, resulting in MTR maintenance costs exceeding HK$2 million. Both were apprehended by officers on the spot and, after being cautioned, admitted their offence.
Classified under sections 11(1)(a), 2(c) and (4) of the Theft Ordinance as unlawful entry into a building. Although not a dwelling, the baseline sentence of 30 months does not apply. After considering the case background and its social impact, a 39-month starting point was set, and, owing to the defendants’ guilty plea, this was reduced to 26 months.
The defendants acted with premeditation and brought tools to the scene to cause damage; their conduct severely disrupted MTR operations and infringed on the rights of the public. Although not for personal gain, the guilty plea and status as first offenders warranted a sentence reduction.
The court held that violent destruction is utterly unjustifiable; ideals and actions are at odds. It is necessary to use criminal penalties to uphold the rule of law and deterrence, sending a message of zero tolerance for violence to society.
The court ultimately sentenced each defendant to 26 months’ imprisonment, to be served immediately. (Translated from Chinese to English by AI)
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