Social News
Written by: Lin Leer
2021-01-15 12:58
Last update date: 2021-01-15 13:40
Off-duty firefighters dropped petrol bombs on the ground during a demonstration in Mong Kok in November of the previous year. When they were arrested, they resisted and were found with switch knives and stylus.
He and the two men earlier pleaded guilty to six counts of illegal assembly and possession of prohibited weapons. They heard sentence in the District Court today (15th).
After the firefighter was arrested, he was unable to accompany his wife to give birth, and his wife suffered from depression. When his lawyer interceded, he emphasized that the firefighter defendant promised not to break the law again and hoped to be reunited with his wife and two young children as soon as possible.
Judge Qi Shiwei said that the firefighter defendant would no longer be able to hold public office in the future, which was a great punishment and sentenced him to 34 months in prison.
The 26-year-old defendant in the same case was sentenced to 28 months in prison, and the other 17-year-old defendant was sentenced to a rehabilitation center.
When arrested, they were found hiding switch knives, etc.
The three defendants are Fang Zhixiong (34 years old, firefighter), 17 years old male student surnamed Lin, and Zhao Haojun (26 years old, bank employee).
Fang pleaded guilty to five crimes of illegally assembling, resisting police officers, possessing prohibited weapons, possessing items with intent to damage property and possessing radio communication equipment. The items involved included switch knives, hammers, styluses, 4 petrol bombs and wireless microphones.
The other two defendants also pleaded guilty to unlawful assembly. Among them, Zhao also pleaded guilty to possessing objects with intent to damage property, namely two petrol bombs and two lighters.
Hit a police officer's helmet during arrest
According to the case, a large number of demonstrators assembled on Nathan Road and Shantung Street in Mong Kok on November 10 last year. The police arrested three defendants during the dispersal.
A police officer witnessed Fang holding a petrol bomb and dumping it on the road. Fang violently resisted when he was arrested, including hitting the police officer's helmet and visor and pushing the officer up.
Fang was later found carrying a switchblade, wireless microphone, hammer, stylus, gasoline bombs, etc.; while Zhao's backpack contained gasoline bombs, lighters, etc.
Failed to accompany his wife to give birth after being arrested
When Fang was arrested in November of the previous year, his wife who suffered from prenatal depression was about to give birth, but Fang was not released on bail and was unable to accompany his wife to give birth to a son. Until May last year, Fang was granted 100,000 yuan in cash. He was released on bail when his son was nearly 6 months old.
Fang was suspended after being arrested. Prior to this, he served as a firefighter and served the society for 10 years and was awarded a "fowl rope."
When the defense pleaded, it was revealed that Fang's wife gave birth during Fang's return and suffered from depression. Fang promised to abide by the law in the future and hope to reunite with his family as soon as possible.
Lin's involvement in the case was low
The defendant, surnamed Lin, pleaded that he was only 16 years old at the time of the case and hoped that he could sit for the upcoming diploma exam. The teacher also believed that he could get good results.
The court had asked Lin for reports on probation, social service orders, detention centers, rehabilitation centers and other reports. The defense stated that all reports were positive and Lin had a low degree of involvement in the case. The court asked the court to consider the probation order or social service orders.
Zhao's case stated that he had been in trouble for 14 months, and the probation officer said that he cared about the society and did not commit the crime out of personal gain. He has now understood that he was wrong.
There was a demonstration in Mong Kok on November 10, 2019, and a roadblock caught fire. (See the picture below for details)
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Fang's failure to take up public office is a great punishment
When sentenced by the judge, the three defendants were involved in an unlawful assembly, and the crime occurred during a period of social unrest.
The court does not have sentencing guidelines for the crime of illegal assembly, and the sentence will balance the deterrence of the defendant's rehabilitation and punishment.
He pointed out that the party had to be separated from his family and could no longer hold public office, which was a great punishment.
The judge continued that Fang carried a walkie-talkie, reflecting that he played a coordinating role and the petrol bomb he was holding would also escalate the illegal assembly.
The court’s crime of illegal assembly starts with 30 months’ imprisonment as the starting point for the sentence. The charge for possession of 4 petrol bombs starts with 48 months, and the other three crimes start with 3 months.
Fang pleaded guilty and received a reduction of 3 points and 1 sentence. Part of the sentence was executed at the same time, requiring a total imprisonment of 34 months.
Zhao Quan's black costume is an additional penalty
The court accused Zhao of committing the crime in black bloc, which was an additional penalty." The charges for illegal assembly and possession of two petrol bombs and two lighters start with 30 months and 42 months respectively.
Zhao also received a reduction of 3 points and 1 sentence for pleading guilty. The two crimes were executed at the same time and he was imprisoned for 28 months.
As for the defendant surnamed Lin, the judge considered that the charge was serious and should be sentenced to imprisonment.
He believes that rehabilitation centers are more suitable than detention centers and training centers and must be sentenced to rehabilitation centers.
Case Number: DCCC259/2020
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