Social News
Written by: Lin Leer
2020-06-08 17:44
Date of last update: 2020-06-08 17:44The assistant director of the trading company was involved in the conflict between the police and the Admiralty on June 12 last year. He was accused of illegal assembly because he moved the iron horse. He pleaded guilty in the Eastern Magistrates' Court today (8th), pleading that he completed his official duties in the vicinity on that day, and was involved in the scene due to the atmosphere of the scene. There was no premeditated crime. Magistrate Lin Ziqin was satisfied that the defendant had no plans to act. Considering that he did not take the lead in gathering, although some people used violence in the incident, but the degree was not high, and no one was injured, the final sentence was 2 weeks.
The defendant Yu Jiaju (33 years old) worked as an assistant director of the precious metals trading company. He admitted to illegal assembly with others outside the government headquarters of Tim Wah Road on June 12 last year.
The prosecution instructed the mighty to build roadblocks to prevent police enforcement
The case alleges that the police originally issued a notice of no objection to the rally on the same day on Hong Kong Island, but due to the violent incident in Xia Yingdao, a notice of opposition was issued later. Thousands of demonstrators occupied Longhe Road that day. During the police gradually retreated into the government headquarters, some demonstrators threw helmets, umbrellas and bricks at the police. CCTV's CCTV and media filmed the defendant, dressed in black, unmasked, and holding an umbrella, carrying an iron horse, building a roadblock at the government headquarters gate, hindering police law enforcement. The prosecution played a clip for court reference and described the police as not provocative.
The defendant did not wear mask goggles
The defense pleaded that the defendant had originally prepared the company's participation in the Hong Kong City Hall two days later, and went to the place where the incident occurred to understand the traffic problem after the completion. The defendant didn't wear a mask or goggles, but only took part in the sudden participation and listened to others move the iron horse. He felt regret after introspection.
The defense agreed that there were violent incidents on the scene, but the situation was not serious; the demonstrators were able to occupy more roads because the police retreated and non-demonstrators attacked. The accused stayed for a short time. The tear gas fired by the police fell on his feet and left shortly after, without inciting or leading others to commit crimes.
Affected by the on-site environment and social atmosphere
The defendant's son was only one year old. His wife said in the pleading letter that the defendant was affected by the environment and social atmosphere at the scene. He was born and raised in Hong Kong and still believes that Hong Kong will get better. The defendant is the mainstay of the family, and the court is expected to fall lightly. The defense knew that the Court of Final Appeal and the Appeals Tribunal had sentencing guidelines for the crime of unlawful assembly, understood that the court would need to be sentenced to imprisonment, and wanted the court to consider a lighter starting point for sentencing.
Official Lin said that according to the guidelines, illegal assembly of violence is generally involved, and imprisonment is the only suitable punishment. The case did not specify the reason for the assembly or the length of stay, and the violence did not take place in the place where the defendant was. He was satisfied that the defendant appeared due to official business and was affected by the crime at the scene. The court considered that no one was injured in the incident, the violence was not high, and the defendant did not organize the assembly, so he took a three-week starting point for sentencing. The defendant pleaded guilty to a three-quarter sentence and was sentenced to two weeks in prison.
Case number: ESCC2225/2019
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