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DCCC 536/2020[2021] HKDC 398
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 536 OF 2020-----------------------------HKSAR vLAI CHEE YING (D1)LEE CHEUK YAN (D2) NG NGOI YEE MARGARET (D3)LEUNG KWOK HUNG (D4)HO SAU LAN CYD (D5)HO CHUN YAN (D6)LEE CHU MING MARTIN (D8)-----------------------------Before:Her Honour Judge A J Woodcock in CourtDate:1 April 2021 Present:Mr Benjamin Yu, S C leading Ms Priscilia T Y Lam,Counsel on Fiat, Mr William Liu, Senior Assistant LawOfficer (Civil Law), Ms Karen Ng, Senior Public Prosecutor (Ag) and Mr Edward Lau, Public Prosecutor, for HKSAR/Director of Public Prosecutions
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Ms Audrey Eu, S C and Mr Edwin W B Choy, S C leadingMr Jeffrey C K Tam and Mr Ernie Tung instructed byRobertsons for the 1
st
defendant Mr Philip J Dykes, S C leading Mr Chris C L Ng, Mr Christopher P H Kan and Mr Timothy R Wong instructed byJCC Cheung & Co for the 2
nd
& 5
th
defendantsMr Ambrose Ho, S C leading Mr Isaac C K Chan instructed by Ho Tse Wai & Partners for the 3
rd
defendant Mr Hectar H Pun, S C leading Mr Anson Wong Yu Yatinstructed by Kenneth Lam Solicitors, assigned by theDirector of Legal Aid, for the 4
th
defendant Mr Lawrence Lok, S C leading Ms Po Wing Kay, Mr Geoffrey Yeung and Mr Simon Kwok instructed by Ho TseWai & Partners for the 6
th
& 8
th
defendants Offence:[1] Organizing an unauthorized assembly
（組織一個未經批准集結）
[2] Knowingly taking part in an unauthorized assembly
（明知而參與未經批准集結）
-----------------------------------------REASONS FOR VERDICT-----------------------------------------1.The defendants are all jointly charged with organising anunauthorised assembly, contrary to section 17A(3)(b)(i) of the PublicOrder Ordinance, Charge 1 and knowingly taking part in an unauthorisedassembly, contrary to section 17A(3)(a) of the same Ordinance, Charge 2.The 7
th
and 9
th
defendant pleaded guilty before trial.
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2.The particulars of Charge 1 are that all defendants on 18August 2019 organised a public procession which took place incontravention of section 13 of the Public Order Ordinance, which was anunauthorised assembly by virtue of section 17A(2)(a) of the sameOrdinance.3.The particulars of Charge 2 are that all the defendants on 18August 2019 without lawful authority or reasonable excuse, knowinglytook part in a public procession which took place in contravention of section 13 of the Public Order Ordinance, which was an unauthorisedassembly by virtue of section 17A(2)(a) of the same Ordinance.
BACKGROUND
4.On 12 August 2019 the Civil Human Rights Front,hereinafter known as “CHRF” submitted a notification of intention tohold a public meeting and procession, “the notification”, informing the police of the intention to hold on 18 August 2019; (1)a public assembly in Victoria Park between 10am and6pm;(2)a public procession starting from Victoria Park andending at Chater Road Central between 3pm and 7pm,and