Social News
Written by: Lu Leqian
2020-05-28 19:20
Last update date: 2020-05-28 20:31A middle-aged man encountered anti-revision activities on his way home in Mong Kok. He claimed that he was thrilled after being hit by tear gas, but the police accused him of instigating the emotions of the people at the scene and accused him of disrupting the order. The man denied the allegations. When the case was tried in the Kowloon City Court yesterday, he even said that he had always supported the enforcement of the police force, and said that the foul language was only auxiliary words. At that time, there was no one beside him. However, the magistrate believed that his argument was not credible and ruled that he had committed a crime. He also pointed out that the society was recently unstable due to the influence of the demonstrations. The court needs to impose a deterrent penalty and expressly consider the sentence. .
The defendant, Wang Weiwei, claimed that the tear gas burst during the transfer in Mong Kok that day and had no intention of inspiring others. (Photo by Lu Leqian)
The defendant Wang Weiwei (51 years old), unemployed, was charged with one count of disorderly conduct in a public place, referring to his continued clamor in public places on Nathan Road and Argyle Street in Mong Kok on November 10, 2019. Make others destroy and destroy social peace.
Police confessions were not shaken by cross-examination
Magistrate Chen Huimin ruled that the police ’s testimony was reasonable and did not waver in the face of cross-examination by the defense. Even if the police officer ’s notebook did not record the scene of the defendant ’s clamor, it was only remembered when the court was cross-examined. .
Defendant's rhetoric
Chen Guan countered the accused ’s self-confidence and said that it was not untrue. He also tried to overturn the fact that he had already admitted. For example, the accused claimed that there was no one else at the scene, and the police raised his gun and the strong light irradiated him. What crimes are committed. Chen Guan pointed out that the defense lawyer had never mentioned these matters, and did not obtain relevant instructions from the defendant until the trial, and there was no supplement or clarification. Chen Guan believes that if the defendant has experienced these things, it should be very impressive, and it is impossible to fail to mention it to the lawyer, so the defendant is not credible.
The defendant may not necessarily want to agitate those present
Chen Guanxu said that the defendant had a certain distance from the police officer that day. In a noisy environment, the police officer could still hear his screaming content, thinking that the amount of sound was enough to call it clamor. Although the defendant may have been hit by tear gas and became dissatisfied and vented to the police, he may not have the intention to agitate the people present, but it should also be concluded based on common sense and experience that his clamoring behavior may lead to the destruction of social peace, so he ruled The accused was convicted.
The tear gas in the middle was accused of disturbing the order. The defendant said that the support of the police has always been a vocabulary.
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Police officer Zhiwei Wei said that people in the scene were upset after the defendant yelled. (Photo by Lu Leqian)
Pleadingly said to be affected by alcohol
The defense pleaded that the defendant divorced his wife, had no children, and now lives with a 70-year-old mother; he has 12 cases, has not committed any crimes in the past ten years, and has a legitimate occupation. Tunnel workers etc. The defense emphasized that the defendant had no intention to provoke others or participate in demonstrations. He was affected by alcohol on the day of the incident and did not consider the consequences. He has now learned his lesson and hopes to be exempted from imprisonment.
May consider sentencing
However, Chen Guan pointed out that society was not peaceful due to the impact of anti-revisional demonstrations. The defendant ’s behavior may make the scene uncontrollable. In the interest of the public, deterrent penalties are required to prevent the same type of crime, but he decided to After the case was adjourned, the defendant claimed that the relevant report was obtained, but it was clearly possible that he would be sentenced to prison.
The defendant acknowledged that he spoke verbally but said that the police also spoke verbally
The police officer who arrested the defendant that day, Zhicheng Cheng, said yesterday that about 30 robes set up a defense line at the junction of Nathan Road and Argyle Street that night. The defendant and about 15 people gathered at the scene. The police commander told them to disperse and the defendant After the person refused to leave, the defendant raised his mobile phone to shoot, and yelled to the police: "X your mother, dead man ... I have no laura in my head. I eat two tear gas bullets on the left." The defendant admitted to the police officer when he defended himself. Swearing, but the police officer also responded with rude words; afterwards, the police officer pulled his backpack harder and said, "X your old mother, Ai, pull you at home."
Case number: KCCC 441/2020
Hearing courts related to fugitive ordinance