🏛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.
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📌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.
👩🏻⚖️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.