🏛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.
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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‼️
👨🏻⚖️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‼️