🏛High Court22 #HCC22
👩🏻⚖️Mrs BARNES Judianna Wai Ling (Court of First Instance Judge) #BARNESJWL
#DeliveryofJudgment #ConvictionAppeal
#20191007WongTaiSin #UA
D1: MAK(17)
Charge: Unlawful assembly
Contrary to s.18(1) and (3) of the Public Order Ordinance, Cap. 245
MAK was charged that on October 7, 2019, outside Hsin Kuang Centre, Wong Tai Sin, with D2 YUEN(22), TO, and other persons unknown, took part in an unlawful assembly.
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Judgment:
Background
MAK faced one count of "unlawful assembly. He pleaded not guilty and stood trial before #MOKTCA. MAK was convicted on August 12, 2021 and was sentenced to detention centre #DC on September 2, 2021. His immediate application for bail pending appeal was granted.
Discussion
The police's video footage shows that: (1) At the beginning, MAK was eating, he did nothing against police officer(s). At the same time, TO and one unknown girl used laser pointer to attack police officer(s). Also, some people were looking their mobile phone, dancing, and chatting; (2) Later, MAK sat next to a unknown girl. Also he got a laser pointer from TO and used it to attack police officer(s).
After considering MAK's age and his behavior at the time of the offence, the Court considers the reason for MAK used laser pointer to attack police officer(s) was maybe for fun. Therefore, his act was isolated and not related to TO and one unknown girl.
As the prosecution failed to prove that there were 3 or more people participated the unlawful assembly, the Court quashes the conviction and sentence for unlawful assembly✅
👩🏻⚖️Mrs BARNES Judianna Wai Ling (Court of First Instance Judge) #BARNESJWL
#DeliveryofJudgment #ConvictionAppeal
#20191007WongTaiSin #UA
D1: MAK(17)
Charge: Unlawful assembly
Contrary to s.18(1) and (3) of the Public Order Ordinance, Cap. 245
MAK was charged that on October 7, 2019, outside Hsin Kuang Centre, Wong Tai Sin, with D2 YUEN(22), TO, and other persons unknown, took part in an unlawful assembly.
———————————
Judgment:
Background
MAK faced one count of "unlawful assembly. He pleaded not guilty and stood trial before #MOKTCA. MAK was convicted on August 12, 2021 and was sentenced to detention centre #DC on September 2, 2021. His immediate application for bail pending appeal was granted.
Discussion
The police's video footage shows that: (1) At the beginning, MAK was eating, he did nothing against police officer(s). At the same time, TO and one unknown girl used laser pointer to attack police officer(s). Also, some people were looking their mobile phone, dancing, and chatting; (2) Later, MAK sat next to a unknown girl. Also he got a laser pointer from TO and used it to attack police officer(s).
After considering MAK's age and his behavior at the time of the offence, the Court considers the reason for MAK used laser pointer to attack police officer(s) was maybe for fun. Therefore, his act was isolated and not related to TO and one unknown girl.
As the prosecution failed to prove that there were 3 or more people participated the unlawful assembly, the Court quashes the conviction and sentence for unlawful assembly✅