COURT HEARING HK


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【COURT HEARING HK @youarenotalonehk_en
【被捕人士關注組 @youarenotalonehk


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Hong Kong activist, paralegal to both face sentencing after Jimmy Lai’s national security trial in December
Pro-democracy activist Andy Li and paralegal Chan Tsz-wah pleaded guilty last August to conspiring with the Apple Daily founder to call for foreign sanctions on Hong Kong and mainland China.

Hong Kong pro-democracy activist Andy Li and paralegal Chan Tsz-wah, who pleaded guilty more than a year ago to conspiring with media mogul Jimmy Lai, are set to be sentenced after the Apple Daily founder stands trial in December under the Beijing-enacted national security law.

Li and Chan were brought before High Court judge Alex Lee on Friday, when the court discussed sentencing arrangements for the duo in a high-profile national security case involving Lai.

In August last year, Li and Chan pleaded guilty to taking part in a conspiracy with Lai to ask external forces to impose sanctions on Hong Kong and mainland China between July 2020 and February 2021. Other people involved in the alleged offence included Lai’s aide Mark Simon and self-exiled activist Finn Lau.

Judge Lee said he intended to adjourn the sentencing of Li and Chan until after the conclusion of Lai’s trial. The lawyers for the defence, including Senior Counsel Robert Lee and barrister Alain Sham, agreed that such an arrangement was “sensible.”

The court eventually set a tentative date and asked the defendants and their representatives to return to court on January 12, 2023, to evaluate the progress of the case. If Lai’s trial was still underway at that time, the court would adjourn sentencing again.

(Extracted from HKFP)

#20220916NEWS #HKNSL


🏛High Court7 #HCC7
👨🏻‍⚖️Mr PANG Wai Cheong, Derek (Court of Appeal Judge) #PANGWCD
#BailPendingAppeal
#20190930WanChai

D5:LIU(17) 🛑Remanded 18+months
*Ages at first appearance in court

Charge:
[2]Possessing things with intent to destroy property
Contrary to s. 62(a) of the Crimes Ordinance, Cap. 200
LIU was charged that on September 30, 2019, in an apartment, 19/F, Kam Lok Mansion, Lockhart Rd., Wan Chai, in Hong Kong, had in custody or under control raw materials of making a petrol bomb, namely a glass bottle bound with a finger cot, 21 glass bottles, 408mL isopropanol, 750mL ethanol, 4.07L petrol, 230mL lighter fluid, 242g sugar, 199g magnesium chips, 332g magnesium powder, 74g magnesium ribbons, 25g aluminium powder, 11 white towel cloths, polystyrene blocks, 148g red solid compound containing iron oxide, 2.9L detergent powder, 1.4L cooking oil, thumbtack, beaker, measuring cup, spoon, funnel, fire blanket, 14 lighters, etc., intending to use them to destroy any property belonging to some other person.

——————

Background:

LIU pleaded guilty to Charge 2. On July 16, 2022, #YAUTHD sentenced LIU 2 years and 3 months' imprisonment, and ordered the total sentence of this case and the other for “perverting the course of justice by attempting to escape” to be 2 years and 7 months' imprisonment.

Result:

After considering both LIU and the Prosecution's submissions, the Court refuses LIU's bail application❌


🏛Eastern Magistrates' Court1 #ESC1
👨🏻‍⚖️Mr WAN Siu Ming, Jason (Magistrate) #WANSMJ
#Plea
#20190627WanChai

LEUNG(26)

Charge: Criminal damage
Contrary to s.60(1) of the Crimes Ordinance, Cap. 200
LEUNG is charged that on June 27, 2019, outside Caine House, 3 Arsenal St., Wan Chai, on Hong Kong Island, without lawful excuse, damaged property belonging to Hong Kong Police Force, namely a set of CCTV cameras, 2 police emblems and a police plaque, intending to damage said properties or being reckless as to whether said properties would be damaged.

————————————

Plea:

LEUNG pleads guilty‼️ and agrees to the facts.

Mitigation and sentence:

Defence asks for an adjournment to prepare mitigation letters and pend background report. Also, they pose no objection against compensation order ($3560).

The Court adjourns the sentence to September 28, 2022 14:30 pending background report. Meanwhile LEUNG is remanded in #CSD🛑

Delayed 20220914 report.


🏛Kowloon City Magistrates' Court1 #KCC1
👩🏻‍⚖️Ms WONG Nga Yan, Peony (Acting Principal Magistrate) #WONGNYP
#FreshCase
#20220902HungHom

MAN(31)

Charges:
(1) Possessing explosive substance with intent
Contrary to section 54(b) of the Crimes Ordinance, Cap. 200, Laws of Hong Kong
MAN is charged that on September 2, 2022, on cabinet no.2954, Extra Space Asia Hung Hom, Heng Ngai Jewelry Centre, Hung Hom, unlawfully and maliciously possessing explosive substance, namely 300g likely low energetic substance, 10kg likely chemicals that can use to make explosive substance, 5g homemade time delay fuse, and 30 firework products, with intent by means thereof to endanger life or cause serious injury to property.

(2) Possession of offensive weapons
Contrary to s.17 of Summary Offences Ordinance, Cap. 228
MAN is charged that on September 2, 2022, on cabinet no.2954, Extra Space Asia Hung Hom, Heng Ngai Jewelry Centre, Hung Hom, had an offensive weapon, namely 3 knifes, 2 axes, 1 baseball bat, 2 wooden sticks, and 1 catapult with 43 steel ball bearings, with intent to use the same for any unlawful purpose.

—————————

The prosecution requests to adjourn the case to November 28, 2022 for further investigation. During this period, the prosecution objects to bail.

Defence counsel makes bail application submissions.

🔴 Bail refused 🔴

Case adjourned to November 28, 2022 at 09:30 for mention. Meanwhile MAN remanded in #CSD.


🏛District Court27 #DCC27
👨🏻‍⚖️ Mr KO King Sau, Justin (Chief District Judge) #KOKSJ
#Mention #BailApp
#20190801FoTan #POOW

D2: TAM(27)
🛑Remanded for 5+months

Charges:
(1) Possession of an offensive weapon in a public place
Contrary to s.33(1)&(2) of the Public Order Ordinance, Cap.245
TAM is charged that on August 1, 2019, in a public place on Haribest Industrial Building, Au Pui Wan St., Sha Tin, without lawful authority or reasonable excuse, had an offensive weapon, namely 24 trekking poles and 10 baseball bats.

(2) Possessing articles with intent to destroy or damage property (Alternative Charge of Charge 1)
Contrary to s.62(a) and 63(2) of the Crimes Ordinance, Cap.200
TAM is charged that on August 1, 2019, on Haribest Industrial Building, Au Pui Wan St., Sha Tin, had 24 trekking poles and 10 baseball bats 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.

(3) Possession of apparatus for radiocommunications without a licence
Contrary to s. 8(1b) and 20 of the Telecommunications Ordinance, Cap. 106
TAM is charged that on August 1, 2019, on Haribest Industrial Building, Au Pui Wan St., Sha Tin, without a licence granted by the Communications Authority, possessing apparatus for radiocommunications, namely 14 walkie-talkies.

—————————

TAM applies for bail. After considering the submissions, the Court grants bail as following terms✅:

1: $50,000 cash bail
2: Not to leave Hong Kong
3: Surrender all travel documents
4: Reside at address given
5: Inform the police station 24hrs prior to any change of residence
6: Report to the Police Station twice a week
7: Curfew (22:00 to 06:00)

TAM's case is scheduled for mention on October 25, 2022, at 14:30.


🏛High Court24 #HCC24
👩🏻‍⚖️Ms PANG Po Kam, Anthea (Court of Appeal Judge) #PANGPKA
#BailPendingAppeal
#20190905TuenMun

D2: CHEUNG(24)
🛑Serving sentence

Charge : Conspiracy to commit criminal damage
Contrary to s. 60(1), 159(A) and 159(C) of the Crimes Ordinance, Cap. 200
CHEUNG was charged that on September 5, 2019, with D1: LI(24), D3: LI(23) and D4: CHONG(25), at Castle Peak Wholesale Fish Market, Tuen Mun, conspiracy to damage properties belonging to MTR Corporation Ltd., namely entry/ exit gates, ticket Vending Machine, and CCTV camera.

———————

CHEUNG was convicted before #YIUFCF on January 5, 2022 and sentenced to 18 months' imprisonment on January 27, 2022.

After considering the submissions, the Court grants bail as following terms✅:

1: $30,000 cash bail
2: $20,000 surety
3: Not to leave Hong Kong
4: Surrender all travel documents
5: Reside at address given
6: Reside with father
7: Inform the police station 24hrs prior to any change of residence
8: Report to the Police Station once a week


🏛Kwun Tong Magistrates' Court6 #KTC6
👨🏻‍⚖️Mr LAM Tsz Kan, Gary (Magistrate) #LAMTKG
#Mention
#LeaveHomeSafe

YIP(35)

Charge: Giving false information to attempt to mislead a police officer with intent
Contrary to s.63 of the Police Force Ordinance, Cap.232
YIP is charged that on November 21, 2021, at 1/F, Game Zone, Kwun Tong Plaza, 68 Hoi Yuen Rd., Kwun Tong, Kowloon, attempted to mislead PC 19058, namely entry record on a bogus LeaveHomeSafe application, with intent to defeat the ends of justice.

—————————

The Prosecution agreest o offer no evidence against that person and applies to dismiss the charge.

The Court accepts and issues a bind over order in the sum of $2000 for 2 years to be of good behavior✅

*According to the facts, when YIP searched by the police officer, he mentioned the reasons for using a false "Leave Home Safe" app was being afraid that the government tracked his personal information.


🏛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‼️


Planner behind flee-to-Taiwan bid charged with perverting course of justice  

Quinn Moon, who returned to Hong Kong after serving a jail sentence in China for her role in organizing an illegal border crossing, has been charged with possessing dangerous drugs and perverting the course of justice.

The case was mentioned at the Fanling Magistrates' Courts this morning. Quinn is unable to appear in court today due to quarantine. The court adjourned the case to September 6 or at the earliest practicable date.

She is one of the 12 Hongkongers caught by Chinese authorities while trying to flee to Taiwan on August 23, 2020. She arrived in Hong Kong on Monday after finishing her two-year sentence and was transferred to the Tin Shui Wai Police Station.

For the making of explosive substance case, police said to be seeking advice from the Department of Justice, and further charges may be laid.

(Extracted from the Standard)

#20220823NEWS #FreshCase #SAVE12


🏛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.

———————————

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


Former Hong Kong opposition lawmaker Albert Ho granted bail while facing national security charge after serving jail time for illegal assembly
- Former vice-chairman of now-defunct Hong Kong Alliance in Support of Patriotic Democratic Movements of China was jailed in May 2021 over previous offence
- The 70-year-old left High Court in Admiralty at 5.20pm and entered private seven-seater car without speaking to media


Former Hong Kong opposition lawmaker Albert Ho Chun-yan was on Monday released on bail while facing a national security charge laid against him when he was serving time behind bars for unlawful assembly.

While serving that sentence, he was charged by national security police with inciting others to subvert state power. Ho would have been released last month if not for the national security charge. He had also previously applied for full bail and one-day bail to attend medical checks as he was diagnosed with cancer about six years ago.

The nine conditions set on him include cash bail of HK$700,000 (US$89,211), surety from two personal guarantees of HK$200,000, as well as reporting to the Police three times a week.

He cannot leave Hong Kong, and must hand over all travel documents, observe a nighttime curfew, and live at his current address or notify police before changing it.

He must not directly or indirectly, in any way, make, distribute or reprint any speech or behaviour that may be regarded as violating the national security law or crimes endangering national security under Hong Kong legislation.

He must not contact foreign officials, parliamentarians, members of parliament of any rank, or other people serving the above in any way, directly or indirectly.

Ho, a lawyer by profession, served as a legislator for about two decades between 1995 and 2016, and chaired the Democratic Party, Hong Kong’s biggest opposition group, from 2006 to 2012.

In 2012, he ran in the chief executive election against Henry Tang Ying-yen and Leung Chun-ying, who won.

In May last year, he was among a group of opposition figures sentenced over their role in an illegal rally on National Day in 2019.

(Extracted from SCMP)

#20220822NEWS #HKAlliance #AlbertHO


🏛West Kowloon Magistrates' Court2 #WKC2
👨🏻‍⚖️Mr SZE Cho Yiu, Jeffrey (Magistrate) #SZECYJ
#Sentence
#20190929MongKok #UA

WONG(30)
🛑Remanded for 24 days

Charge 1: Unlawful assembly
Contrary to s.18(1) and (3) of the Public Order Ordinance, Cap. 245
WONG was charged that on September 29, 2019, at the vicinity of Mong Kok police station, 142 Prince Edward Road West, Mong Kok, with other persons unknown, took part in an unlawful assembly.

———————————

Reasons for sentence:

Background
On July 29, 2021, WONG pleaded guilty to Charge 1. Before sentencing WONG, the Court called for a background report.

Sentencing principal
The general principles for sentencing “unlawful assembly” are: (1) The number of people involved; (2) Whether the unlawful assembly was spontaneous or premeditated; (3) The rule of the defendant; (4) The duration of the unlawful assembly; (5) The degree and the consequence of the violence; (6) Any property loss or damaged, or any person injured; and (7) The scale of the unlawful assembly.

Sentence:
In this case, the duration of the unlawful assembly was around 1 hour, that it was taken place outside Mong Kok police station. Protestors threw petrol bombs, set fire on Sai Yeung Choi St., chanted slogans, used laser pointer to point at police, and ignored police warnings. Regarding WONG, he had safety goggles, facial covering, umbrella, plastic bag, gloves, screwdriver, etc. Thus, with the above tools, he can damage property.

After considering the facts, WONG's clear record, and rehabilitation, the Court adopts 6 months' imprisonment as a starting point. After a one-third discount for the guilty plea, the final sentence of WONG is 4 months' imprisonment‼️


Hong Kong national security law: first minors convicted under legislation among defendants from pro-independence group admitting call for ‘armed revolution’
- Secondary student Wan Chung-wai, who was 15 at the time of her arrest, is the youngest among convicted members of the now-defunct Returning Valiant
- Prosecutor says group made repeated calls on Instagram and Facebook urging followers to seize every opportunity to stage uprising

Five teenagers are among six members of a pro-independence group in Hong Kong who have admitted calling on others to start an “armed revolution” to topple the local and state governments, in the first case of minors convicted of charges under the national security law.
A judge approved by the city’s leader to adjudicate national security proceedings found the six guilty of a joint count of conspiracy to incite subversion of state power upon their own confession at the District Court on Saturday.
The six from the now-defunct Returning Valiant group comprised five secondary school pupils – WAN, 16, YUEN, LEUNG and TSUENG CHAU, all 17, and KWOK, 19 – and salesman CHAN, 26.

WAN, who was only 15 at the time of her arrest, is the youngest defendant to date to be convicted of a national security law offence.

A seventh member, 21-year-old shopkeeper CHOI, who previously indicated his intention to admit liability, asked for extra time to affirm the content of the prosecution’s summary of the case.

Calling themselves the “embers of revolution”, the 20-strong group was said to have organised 13 street booths and press conferences and operated three social media accounts between January and May last year with the goal of overthrowing Beijing and the Hong Kong administration.

All seven suspects either spoke in support of insurgency or distributed fliers during public events. Wan, being a part-time online news reporter, also delivered live broadcasts on the internet.

(Extracted from SCMP)

#20220820NEWS #HKNSL #ReturningValiant


🏛Eastern Magistrates' Court1 #ESC1
👩🏻‍⚖️Ms YIM Shun Yee, Ada (Principal Magistrate) #YIMSYA
#Sentence
#20200701CausewayBay #UA

D4: LAI(22)
🛑Remanded for 14 days

Charge: Unlawful assembly
Contrary to s.18(1) and (3) of the Public Order Ordinance, Cap. 245
All defendants are charged that on July 1, 2020, at 66 Causeway Rd., Causeway Bay, Hong Kong, with other persons unknown, took part in an unlawful assembly.

———————————

Sentence:
On August 8, 2022, LAI pleaded guilty. The Court then called for a detention centre report for sentencing.

On July 1, 2020 at about 13:00 to 15:00, thousands of protestors marched on the road at Causeway Bay, built roadblocks and set fire along Wan Chai and Causeway Bay. Around 15:41, police gave warnings to protestors on Causeway Road and Gloucester Road. However, protestors ignored police warnings. They set up an array of umbrellas and kept chanting slogans and throwing debris. Around 16:00, police dispersed protestors outside Hong Kong Central Library, 66 Causeway Road, after they raised black, orange and blue flags consecutively. Later, police arrested 68 protestors (including LAI). Video footage shows that D1 was among the array of umbrellas during the said assembly.

Detention centre report indicates LAI is not suitable.

After considering the facts, including LAI's good character and his mitigation, the Court adopts 6 months' imprisonment as a starting point. After a one-third discount for the guilty plea, the final sentence of LAI is 4 months' imprisonment‼️


🏛District Court36 #DCC36
👩🏻‍⚖️Ms WONG Sze Lai, Lily (District Judge) #WONGSLL
#Sentence
#20190811TsimShaTsui #Riot

D1: LEE(27)/ D2: X(14)
D3: LIU(25)/ D4: CHONG(24)
D6: NIP(24)/ D7: WONG(21)
D8: LO(19)/ D10: POON(26)
D11: LAW(22)

Charges:
(1) Riot
Contrary to s.19(1) and (2) of the Public Order Ordinance, Cap. 245
All defendants were charged that on August 11, 2019, at the vicinity of Nathan Rd. between Austin Rd. and Humphreys Avenue, with other persons unknown, took part in a riot.

(2) Possession of ammunition without a licence
Contrary to s.13(1) and (2) of the Firearms and Ammunition Ordinance, Cap.238
D11: LAW(22) was charged that on August 11, 2019, at 132 Nathan Rd., Tsim Sha Tsui, Kowloon, Hong Kong, possessed ammunition without a licence, namely nine used tear gas.

—————————

Reasons for sentence

📌Background
This case has 11 defendants (D1-11), D1 and D6 pleaded guilty to Charge 1 during the pre-trial review #PTR hearing. D5 LO(21) failed to appear after #PTR hearing. D9 SIU(23) was acquitted by trial, whilst other defendants were convicted.

📌Reasons for sentence
Regarding Charge 1, Court of Appeal listed 12 factors, in CACC164/2018, that can be taken into account when passing sentence on the offence of riot. In this case, the Court finds: (1) The scale of the riot was large. The riot took place at downtown area; (2) The number of protestors engaged in the riot was hundreds to a thousandish; (3) The duration of the riot lasted about around 2 hours. Protestors also ignored many police warnings; (4) 1 police officerr injured (his legs suffered second degree burn) and some properties were damaged (i.e. bus stop billboards); (5) The imminence and gravity of threat against citizens, reporters and police officers were large; (6) The traffic was impeded due to protestors blocked the road; (7) D11 committed Charge 2 during the riot; (8) Especially D1 and D6, they actively participated the riot. Video footages show that D1 tried to put off the tear gas and stayed inside an array of umbrellas; D6 pushed down the high platform with other protestors and stayed inside an array of umbrellas; (9) Some bricks damaged by protestors; (10) All defendants were planned to participated the riot as they wore "black bloc" and facial covering, and brought equipment and other clothes to change; and (11) The degree of violence used by protestors was large. For example, they used laser pointer to attack police officers, throwing solid objects, tear gases and total 2 petrol bombs to police station, chanting political slogans and cursed police officers, blocking the road to impede traffic.

Regarding Charge 2, according to CACC222/1992, Court of Appeal stressed that the seriousness of possession of ammunition is less than firearms. The Court also considers the type and number of used tear gases. Whilst the used tear gas could not threaten the society.

Regarding D1 and D6, the Court adopts 4 years and 8 months' imprisonment as a starting point. As they pleaded guilty to the charge at pre-trial review hearing , the Court offers 25% sentence reduction. The Court also reduces D1's sentence by 2 months because she keen on public welfare and social activities. Therefore, the sentence of D1 and D6 are 3 years and 4 months' imprisonment and 3 years and 6 months' imprisonment‼️

Regarding D2, after considering the facts and D2's age at the time of the offence (14), also referring to training centre report, the Court sentences D2 to training centre #TC‼️

Regarding D11, the Court adopts 4 years and 2 months' imprisonment and 9 months' imprisonment as a starting point of Charges 1 and 2. The Court orders 2 months of Charge 2 to be served consecutively to the sentence of Charge 1 and to balance concurrently. As D11 has no commutation factors, the final sentence of D11 is 4 years and 4 months' imprisonment‼️

As for the other defendants, the Court adopts 4 years and 2 months' imprisonment as a starting point. Without mitigation factors, the final sentence of them is 4 years and 2 months' imprisonment‼️


🏛Eastern Magistrates' Court1 #ESC1
👩🏻‍⚖️Ms YIM Shun Yee, Ada (Principal Magistrate) #YIMSYA
#BreachOfProbation #Sentence
#20190626Admiralty

WONG(19)🛑Remanded for 1+month due to another case

Charge: Criminal damage
Contrary to s.60(1) of the Crimes Ordinance, Cap. 200
WONG was charge that on June 26, 2019, outside Hong Kong Police Headquarters, damaged the wall belonging to Hong Kong Police Headquarters, intending to damage such property or being reckless as to whether such property would be damaged.

——————

Sentence:

Background
WONG breached of probation order as he did not contacted probation officer regularly and abused drugs.

Reasons for sentence
The current problem of WONG are drug abuse and having weak willpower. Therefore, the Court dismisses the probation order and sentences WONG to a drug addiction treatment centre order‼️

A delayed 20220816 report.


🏛Eastern Magistrates' Court1 #ESC1
👩🏻‍⚖️Ms YIM Shun Yee, Ada (Principal Magistrate) #YIMSYA
#20190612Admiralty
#Plea #Sentence #UA

YEUNG(31)

Charges:
(1) Taking part in unlawful assembly
Contrary to s.18(3) of the Public Order Ordinance, Cap. 245
YEUNG is charged that on June 12, 2019, at the junction between Harcourt Rd. and Tim Mei Ave., outside Central Government Offices, with other persons unknown, took part in an unlawful assembly.

(2) Taking part in unlawful assembly
Contrary to s.18(3) of the Public Order Ordinance, Cap. 245
YEUNG is charged that on June 12, 2019, at Harcourt Rd. and the junction between Cotton Tree Drive and Tim Mei Ave., outside Chinese People's Liberation Army Forces Hong Kong Building, with other persons unknown, took part in an unlawful assembly.

———————————

📌Plea:

YEUNG pleads guilty to both Charges 1 and 2.

📌Reasons for sentence:

Facts:

Around 09:00 to 11:00, many protestors assembled at the junction between Harcourt Road and Tim Mei Avenue, outside Central Government Offices, they set roadblocks and array of umbrellas, chanted political slogans, and ignored police warnings (Charge 1). Around 16:20, around 400 to 500 protestors assembled at at Harcourt Rd. and the junction between Cotton Tree Drive and Tim Mei Ave., outside Chinese People's Liberation Army Forces Hong Kong Building, they cursed and threw objects to police officers (Charge 2).

Regarding YEUNG, video footages show that around 10:56, he wore helmet, masks, safety googles, black shirt and dark green pants, stayed in the assembly and moved a mills barrier with 7 to 8 protestors (Charge 1). Around 16:26, video footages show that YEUNG's helmet fell to the ground.

Sentence:

At the time of the offences, police officers were vastly outnumbered. The duration of YEUNG participated the unlawful assemblies was long. YEUNG's behavior gave support to protestors and encouraged protestors used violence. Regarding Charge 1, the Court adopts 12 months' imprisonment as a starting point; Regarding Charge 2, the Court adopts 15 months' imprisonment as a starting point. After a one-third discount for the plea of guilty, the sentence of both Charges are 8 months' imprisonment and 10 months' imprisonment.

As the Court believes that YEUNG has genuine remorse, the Court reduces the sentence of both Charges to 7 months' imprisonment and 9 months' imprisonment. The Court also orders both sentences run concurrently as Charges 1 and 2 happened on the same day and at the same place. Therefore, the final sentence is 9 months' imprisonment‼️

A delayed 20220815 report.


🏛Sha Tin Magistrates' Court1 #STC1
👨🏻‍⚖️Mr CHEUNG Chi Wai, David (Acting Principal Magistrate) #CHEUNGCWD
#Mention #ViolationofProbationOrder
#20190924ShaTin

D1:TAI(19)

Charge: Criminal damage
TAI was charged that on September 24, 2019, in Subway NS36, Fo Tan Rd., Sha Tin, without lawful excuse spray-painted walls and pasted posters, damaged walls and ground of a subway belonging to Highways Department intending to damage such property or being reckless as to whether such property would be damaged.

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📌Background
TAI pleaded guilty and was sentenced to a 12-month probation order on November 30, 2021.

📌Today’s hearing
TAI appears in court in person, again. The Magistrate only states that TAI has violated the probation order progress report without precise details.

TAI applies for an adjournment. The Magistrate reminds him to hire a private lawyer before the next hearing.

Bail is granted on $100 cash.

Hearing is set on September 9, 2022.


🏛District Court28 #DC28
👨🏻‍⚖️Mr CHAN Kwong Chi, Stanley (District Judge) #CHANKCS
#Sentence
#20191118PolyU #PolyUSeige #Riot

D5:LEE(19)

Charges:
(1) Riot
LEE along with 6 others are charged that on the November 18, 2019, in the area of Cheong Wan Rd., Science Museum Rd. and Hong Kong Polytechnic University, with other persons, took part in a riot.

(6) Riot
LEE is charged that on or about November 17 and 18, both dates inclusive, in Hong Kong Polytechnic University, with other persons unknown, took part in a riot.

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‼️LEE pleads guilty to both charges and admits to the case facts‼️

📌Case facts
Video footages have shown D5 holding a bottle of liquid and an umbrella appearing in the vicinity of #PolyU.

At about 08:00 on November 18, 2019, D5 and 16 others tried to escape #PolyU and confronted the police. Protestors, including D5, made use of the chaos and fled to Science Museum. However, they failed and were arrested.

📌Judge's inquiry
The Judge reconfirms that LEE did not enter the campus as a #PolyU student

The Judge sees a foreigner appearing in the video footages and asks about the identity. Prosecution claims there is null information, but believes that the said foreigner may bear some kind of role in the riot.

📌Background and Mitigation
LEE has a clear record and had been remanded for 6-ish months for this case.

Defence states that LEE is remorseful, which can be shown even though the footages are fuzzy and obscure, D5 still candidly confessed.

📌Sentence
Sentence is adjourned to September 2, 2022 at 10:00 pending #RC and #TC reports.


🏛District Court35 #DC35
👨🏻‍⚖️Mr CHENG Lim Chi, Andy (Deputy District Judge) #CHENGLCA
#Sentence
#20191118PolyU #PolyUSeige #Riot

D19:LI(21) 🛑Serving sentence from another case

Charge: Riot
LI was charged that between on or about November 17 and 18, 2019, both dates inclusive, in the vicinity of Hong Kong Polytechnic University, Chatham Rd S. and Cheong Wan Rd., with other persons unknown, took part in a riot.

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📌Sentence

As seen on press footages: there were lots of protestors at the scene, the scale and violence of the riot were severe; protestors had been constantly attacking the police and throwing petrol bombs, the traffic was paralysed and caused serious public nuisance. Two police officers were injured during the operation. The Court sees it as a war-zone, a suitable starting point would not be less than 5 years jail time. However, LI is just a youngster and the #TC Training Centre report obtained earlier has positive indication, and shows family’s and teachers’ support; LI also showed remorse. Plus, passing a #TC order can reflect LI’s culpability, while balancing his background and the interest of the society. Such, the Court sentences LI to a #TC order‼️

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