When the real estate agent was intercepted by the police in Causeway Bay on November 2 the previous year, he was found to have 48 cords on his body. After interrogation, he was found guilty of possessing tools suitable for illegal purposes and sentenced to five and a half months in prison.
The broker appealed against dissatisfaction. The Court of Appeal today (11th) issued a ruling stating that the entire conflict from 2019 to 2020 will inevitably include some people tying the railings together, which can be used for squeezing and bumping.
It also pointed out that the cable is versatile and easy to buy. In addition to the background of the case, if the appellant's cable is used to lash up the road and as a tool for fighting, it may pose a threat to public order. He believes that the original judge's inference is correct, and the broker is rejected Appeal.
When the appellant was arrested, he was dressed in black and covered his face
The appellant, Chen Junjie, 35, a real estate agent, charged that he was in possession of 48 rubber straps at the junction of Percival Street and Russell Street in Causeway Bay on November 2, 2019.
There was an unauthorized rally at Victoria Park on the day of the incident. Police officers saw someone gathering in Causeway Bay that evening. Chen was covered with a black cloth, wearing a black shirt, black trousers, and gloves on both hands. They intercepted and searched Chen and found him in his pocket. There are gas masks, helmets and cable straps.
Chen Bian said that when he asked his friends to eat nearby, he saw some people gathering curiously to watch.
The trial officer did not use the rope to carry debris
However, the trial magistrate Zheng Jihang did not accept his statement and pointed out that in social incidents, it is common for illegal demonstrators to work together to remove debris and fences on the street and tie them into large groups for use in armed conflicts or blocking roads.
He believed that the defendant’s backpack was equipped with a strap, which was intended to be used for binding iron fences and other purposes.
Official Zheng also said that he often had to be transferred to different courts, and he had never seen porters need to use 6-inch lanyards to move furniture and sundries, so he did not believe Chen's statement.
The lawyer thinks that the scope of illegal use and intent interpretation is too wide
During the appeal, Chen’s lawyer accused the Attorney General of citing the Summary Offences Ordinance to prosecute, but the illegal use and intent of the Ordinance were not limited. He considered that the scope was too wide. At the same time, he believed that the cable should not be "other suitable for illegal use." Purpose of work".
He believes that the original judge cited his experience in moving the office as an abuse of judicial knowledge and wrongly ruled that the ropes would not be used to move furniture and electrical appliances and other sundries.
Armored conflict cords are often used
However, the Court of Appeal held that the trial judge only made inferences based on the common experience of ordinary people, and that Chen’s lawyer only took a small observation from the trial judge to raise it to question the fact that it was a one-sided view.
The Court of Appeal also pointed out that the armed conflicts from 2019 to 2020 will inevitably involve squeezing and hitting with cluttered railings. These scenes are often seen on TV sets and will not be completed by one person.
The interpretation of the times can deal with criminals using different tools to commit crimes
The Court of Appeal held that the relevant charges should be interpreted by the "episode interpretation" because it can effectively deal with criminals committing crimes with various or even newly invented tools.
The cords involved in this case can also be used for many illegal purposes, but they are extremely easy to buy and store, and are not easy to be suspected. Once used, they are not easy to be removed. If lashing and blocking roads and fighting tools are indeed used, It can pose a considerable threat to public order, so it is believed that the sentence in the original trial was not too heavy.
Case number: HCMA 242/2020
At the scene of the conflict, the prisoner was convicted of a conviction for the conviction of the conviction of the conviction of the intent to be convicted at the scene of the conflict. The Court of Appeals adjourned the conviction of the convictions of the PolyU conflict with the sling and the old sanctioned riots. He was sentenced to 8 months in prison for blocking roads and possessing rope belts. The site worker and his wife divorced and sneaked back to the work unit involved in rope belting and raped after tying his wife, saying that he agreed with the young Tibetan Barna and 100 rubber rope belt officers. Intentionally influencing the public security sentenced to reeducation through labor center
01News
