🏛West Kowloon Magistrates' Court4 #WKC4
👨🏻⚖️Mr LI Chi Ho (Magistrate) #LICH
#Verdict
#20190825TsuenWan #UA #POOW
D1:HO(23)
D2:FOO(23) 🛑Serving sentence for another case
D4:KWOK(21)
D6:CHEUNG(24)
D7:LEE(28)
Charges:
(1) Taking part in unlawful assembly [D1-7]
Contrary to s.18(1) and (3) of the Public Order Ordinance, Cap.245
All defendants are charged that on August 25 2019, on Yeung Uk Rd., Tsuen Wan, in New Territories, together with other persons unknown, unlawfully assembled together, namely conducted themselves in a disorderly manner intended or likely to cause any person reasonably to fear that they would commit a breach of the peace.
(2) Assaulting a police officer in the due execution of his duties [D1]
Contrary to s.36(b)&(3) of the Offences Against the Person Ordinance, Cap.212
HO is charged that on the same day, at the same place, assaulted Police Constable 9670, a police officer of the Hong Kong Police Force, in the due execution of his duty.
(3) Possession of an offensive weapon in a public place [D2]
Contrary to s.33(1)&(2) of the Public Order Ordinance, Cap.245
FOO is charged that on the same day, in public place outside Nos. 149-159 Yeung Uk Rd., Tsuen Wan, in New Territories, without lawful authority or reasonable excuse, had with her an offensive weapon, namely one device capable of emitting laser ray.
(4) Possessing articles with intent to destroy or damage property [D2]
Contrary to s.62(a) and 63(2) of the Crimes Ordinance, Cap.200
FOO is charged that on the same day, on Yeung Uk Rd., Tsuen Wan, in New Territories, had a can of spray paint in custody or under control intending without lawful excuse to use it or cause or permit another to use it to destroy or damage any property belonging to some other person.
——————
Reasons for verdict:
Background
All defendants pleaded not guilty to the charges.
Discussion
📌Charge 1
Defence claimed that there was no unlawful assembly happened at the time of the offence. However, the Court considers the unlawful assembly was highly fluid, that protestors would move around to avoid arrest.
All defendants were arrested near the unlawful assembly. At the time of the offence, they wore "black bloc" and had with them some gears like gloves, gas masks, helmet, armor, lighters, homemade shield, safety goggles, laser pointer, and hat.
Even if DW1 sad that D7 might have used laser pointer to drive animals away, the Court considers this cannot help D7's defence.
Based on the above, the Court finds all defendants guilty of Charge 1‼️
📌Charge 2
The Court accepts PW3 testimony. PW3 said that HO used his shoulder and hand to thrust him when he controlled HO. Therefore, the Court finds HO guilty of Charge 2‼️
📌Charges 3 and 4
The Court considers the only purpose for FOO possessing laser pointer and spray paint at the time of the offence were to attack police officer(s) and damage properties. Therefore, the Court finds FOO guilty of Charges 3 and 4‼️
👨🏻⚖️Mr LI Chi Ho (Magistrate) #LICH
#Verdict
#20190825TsuenWan #UA #POOW
D1:HO(23)
D2:FOO(23) 🛑Serving sentence for another case
D4:KWOK(21)
D6:CHEUNG(24)
D7:LEE(28)
Charges:
(1) Taking part in unlawful assembly [D1-7]
Contrary to s.18(1) and (3) of the Public Order Ordinance, Cap.245
All defendants are charged that on August 25 2019, on Yeung Uk Rd., Tsuen Wan, in New Territories, together with other persons unknown, unlawfully assembled together, namely conducted themselves in a disorderly manner intended or likely to cause any person reasonably to fear that they would commit a breach of the peace.
(2) Assaulting a police officer in the due execution of his duties [D1]
Contrary to s.36(b)&(3) of the Offences Against the Person Ordinance, Cap.212
HO is charged that on the same day, at the same place, assaulted Police Constable 9670, a police officer of the Hong Kong Police Force, in the due execution of his duty.
(3) Possession of an offensive weapon in a public place [D2]
Contrary to s.33(1)&(2) of the Public Order Ordinance, Cap.245
FOO is charged that on the same day, in public place outside Nos. 149-159 Yeung Uk Rd., Tsuen Wan, in New Territories, without lawful authority or reasonable excuse, had with her an offensive weapon, namely one device capable of emitting laser ray.
(4) Possessing articles with intent to destroy or damage property [D2]
Contrary to s.62(a) and 63(2) of the Crimes Ordinance, Cap.200
FOO is charged that on the same day, on Yeung Uk Rd., Tsuen Wan, in New Territories, had a can of spray paint in custody or under control intending without lawful excuse to use it or cause or permit another to use it to destroy or damage any property belonging to some other person.
——————
Reasons for verdict:
Background
All defendants pleaded not guilty to the charges.
Discussion
📌Charge 1
Defence claimed that there was no unlawful assembly happened at the time of the offence. However, the Court considers the unlawful assembly was highly fluid, that protestors would move around to avoid arrest.
All defendants were arrested near the unlawful assembly. At the time of the offence, they wore "black bloc" and had with them some gears like gloves, gas masks, helmet, armor, lighters, homemade shield, safety goggles, laser pointer, and hat.
Even if DW1 sad that D7 might have used laser pointer to drive animals away, the Court considers this cannot help D7's defence.
Based on the above, the Court finds all defendants guilty of Charge 1‼️
📌Charge 2
The Court accepts PW3 testimony. PW3 said that HO used his shoulder and hand to thrust him when he controlled HO. Therefore, the Court finds HO guilty of Charge 2‼️
📌Charges 3 and 4
The Court considers the only purpose for FOO possessing laser pointer and spray paint at the time of the offence were to attack police officer(s) and damage properties. Therefore, the Court finds FOO guilty of Charges 3 and 4‼️