Former Hong Kong member Huang Zhifeng and former Kwun Tong District Councillor Leung Kai-ching were sentenced to October and four months in prison respectively after pleading guilty to the June 4 rally the previous year.
They appealed the sentence earlier. The Court of Appeal reduced Huang's sentence to 8 months, and the total sentence of the other cases was reduced from 27.5 months to 23.5 months. Liang's appeal was dismissed. The Court of Appeal today (21) The interpretation of the verdict was issued, reiterating that Huang Zhifeng and Liang Kaiqing committed the crime with premeditated and ignored the law, but did not agree with the starting point of Huang Zhifeng's sentencing by the original judge, and did not implement the sentence in installments with other cases, so the sentence was reduced.
Liang Kaiqing's appeal has been dismissed
Huang Zhifeng was sentenced to 13.5 months and 4 months in prison for the 6.21 siege of the police chief and 10.5 for participating in unauthorized assembly and violating the mask act.
He was sentenced to 10 prison terms for the June 4 rally for admitting to the crime of participating in an unauthorized assembly. The sentence and the sentences in the previous two cases will be executed in installments. The total sentence in the three cases is therefore 27.5 months.
The Court of Appeal earlier ruled that Huang's appeal was upheld, while Liang Kaiqing's appeal, who had served four months' sentence, was dismissed.
The original judge has the right to consider the risk of violence
In its judgment, the Court of Appeal pointed out that although this case originated from the commemoration of the June 4th incident, the political slogans shouted during the social riots in 2019 reappeared at the time of the incident. At that time, about 20,000 people poured into the Victoria Park Football Stadium. The right to consider the risk of violence in the case.
In addition, as of May 27, 2020, there were a total of 1,067 confirmed cases in Hong Kong.
The Court of Appeal held that the prolonged stay of 20,000 people at the Victoria Park Football Stadium undoubtedly posed a serious risk to public health.
Wong and Leung are famous
The Court of Appeal continued to point out that Huang Zhifeng and Liang Kaiqing themselves have a certain reputation.
Huang Zhifeng was interviewed twice at the time of the incident, and Liang was a district councillor at the time.
Photos of the pair at the time of the shooting were uploaded to social media, announcing their participation in an unsanctioned assembly.
Showing they were premeditated and ignoring the law.
Liang questioned that one of the defendants in the case was sentenced to probation, while Liang was sentenced to prison, and the sentences were inconsistent. The Court of Appeal pointed out that Liang's role in the case was active, and her photos at the scene were also posted on social media. Her circumstances and other sentences were suspended. different defendants.
Sentence reduced to 8 months and 2 months to be executed concurrently
However, the Court of Appeal held that Huang Zhifeng was interviewed twice at the time of the incident and committed a crime involving public order for the third time during his bail period. The starting point for sentencing should be 12 months in prison, and his sentence was reduced to 8 months after pleading guilty.
In addition, the judge in the first instance decided to execute the sentence in this case and the sentences in his other two cases in installments because Huang was a repeat offender of similar crimes.
The Court of Appeal pointed out that the original judge had raised the starting point of sentencing due to the factor of repeat offense.
The three cases were executed in installments, and Huang's total sentence was 27.5 months, which the Court of Appeal considered excessive.
The Court of Appeal therefore issued an order that two of the 8-month sentences in this case can be executed concurrently, and the remaining 6 months will be dealt with in installments with other cases.
Case No.: CACC101/2021
Huang Zhifeng's appeal in the June 4 rally case received a commutation of his sentence. He has served his entire sentence in March in the June 4 rally case.
Summary | 24 people were convicted and jailed for 4 to 14 months. 2 still wanted by the court.
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