Social News
Written by: Zhu Dixin
2021-04-21 19:00
Last update date: 2021-04-21 19:02
Some netizens called for "Sing with you" in various shopping malls in May last year. A 16-year-old boy and others were in Shatin New Town Plaza at the time of the incident and destroyed the mainland chain tea shop "Hey Tea."
The juvenile was sentenced to 200 hours of social service order for criminal damage, but the appeal court commuted him to a rehabilitation center last week.
The Court of Appeal today (21st) issued a ruling to explain the rationale, saying that the charge in this case was criminal damage on the surface, but this kind of "decoration" behavior was actually wantonly attacking people of different backgrounds and positions, with hatred, bullying, The courts must strictly deal with the characteristics and effects of intimidation and silence.
The 17-year-old defendant, surnamed Zhou, earlier admitted that on May 13 last year, he destroyed the facilities of Hey Tea at the Sha Tin New Town Plaza.
The judge of the Court of Appeal, Peng Weichang, stated in his judgment that the case was premeditated and well-planned, involving accomplices in different roles, not only attacking tea shops, but also obstructing security guards.
This case is also related to the anti-amendment of the Fugitive Offenders Ordinance. The incident had not passed, and the Shatin New Town Plaza was also a hot spot.
The official said that the essence of decoration is no different from private
Peng Guan continued that the charge in this case was criminal damage on the surface, but this behavior, which is commonly called "decoration", is actually a wanton attack on people of different backgrounds and positions, and at the same time it contains hatred, bullying, intimidation and silence. Such features and effects are essentially the same as "private".
Peng Guan pointed out that no matter whether these behaviors are retreating or not, they will not reduce the badness of these behaviors and the damage to society, and the court must deal with them strictly.
On May 13, 2020, several teenagers tortured and destroyed the Sha Tin Hey Tea Shop. (See the picture below for details)
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The trial officer did not clearly deal with it
Peng Guan emphasized that the Court of Appeal mentioned in the Huang Zhifeng judgment in 2017 why it must handle such cases rigorously.
Regardless of whether the crime involved is an illegal assembly or other charges, as long as the criminal act poses a threat to public order, the relevant principles are fully applicable, but the trial magistrate Wen Shaoming did not clearly deal with it.
Refers to lawyers' submissions to glorify hatred and bullying
In addition, the defendant's lawyer at the original trial stated that the defendant was "full of ideals" and "full of enthusiasm." It was not easy for him to confess his guilt publicly in court.
However, official Peng pointed out that this statement was suspected of beautifying hatred, bullying, intimidation, and silence.
The defense pointed out that the crowd's intention to "sing" and "celebrate the chief executive's birthday" was completely out of reality.
As the report showed that the defendant’s physical fitness was not up to standard, it was not appropriate to enter the reeducation center.
Peng Guan pointed out that if his health permits, the reeducation center would be the most suitable option. However, based on reality, as well as factors such as the defendant’s age, current attitude, and limited physical damage caused when committing the crime, Peng Guan believes that the rehabilitation center is still a feasible option. Sentence accepted.
Case Number: CAAR1/2021
The Department of Justice has made a review of sentences related to the anti-regulation movement. (See the picture below for details)
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Sentence Review, Criminal Destruction of Fugitive Offenders Ordinance, Relevant Hearing Sentences Interpretation of the Court
