In ancient times, falling leaves can hurt people, Hong Kong now has a “sound wave” function is equally powerful. The former Legislative Council member District No. Xuan in July of the previous year to mediate police clearance in Mong Kok, during the alleged use of rice peak hitting the police shield and use loud public to speak to the police superintendent at close range, was ruled two assaults on police officers into the crime, the appeal also failed. On the other hand, the Department of Justice believes that the trial magistrate sentenced the social service order is too light, apply for a review of the sentence. The Court of Appeal heard the arguments today, saying that the principle of the original sentence is wrong, obviously too light, must be reversed and sentenced to nine weeks in prison. He is now being returned to scabbard for conspiracy to subvert state power and must serve his sentence immediately, as he is already a prisoner and no longer a detainee, meaning that his Family or relatives can no longer visit him every day. When he left the courtroom, he left a message to the audience: “Don’t be discouraged!”
The judge pronounced the sentence in the afternoon of the 23rd, Judge Poon Siu-chu said the original trial sentencing principles are wrong, obviously too light, must be revoked. In view of the crime of assaulting a police officer is to protect the proper execution of duties, and to consider the seriousness of the case, including the background of the crime, the method, as well as repeated crimes within a short period of Time, even if the background of the district Nuo Xuan good, no previous convictions, must also be sentenced to prison.
For the two charges of striking a police shield and loud public assault, the Appellate Division used 4 weeks and 10 weeks of imprisonment as the starting point for sentencing, with some of the sentences to be served concurrently, and then deducted 3 weeks for the completion of a 105-hour community service order, for a total sentence of 9 weeks.
He is currently in the process of returning to scabbard for the primary election. He was tried and convicted in this case last year and sentenced to 140 hours of community service order. The defense revealed that he had completed 105 hours. The case occurred on July 8 of the previous year, District allegedly in the police line to advance, with a loudspeaker banging police officers long shield, and then use the loudspeaker to speak loudly next to the media liaison team police superintendent Ko Chun-bong, damage each other’s ears.
The representative of the Department of Justice said that the crime of assaulting a police officer is generally sentenced to imprisonment, there are no special factors in this case, does not involve sudden, critical or misunderstanding situation. District in the police repeatedly clear warning is still very uncooperative, resisting the police to clear the road to resume traffic, and with the same Member of Parliament Tam Man Ho to stop the police, led to a large number of people and journalists standing on the road, paralyzing traffic, District’s excited words and actions may provoke others emotions, there is a “ripple effect”.
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