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DCCC 822/2023 & 641/2024 (Consolidated)
[2025] HKDC 1415
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 822 OF 2023 & 641 OF 2024 (CONSOLIDATED)
________________________
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HKSAR
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v
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CHEUNG YUK MING (D1)
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WONG KAM FAI (D2)
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WONG KAM CHUNG (D3)
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CHEUNG PAK LONG (D4)
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KUNG CHUN LOK (D6)
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CHAN NOK CHING (D7)
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TANG KA HO (D8)
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________________________
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Before:
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His Honour Judge E Yip
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Present:
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Mr Jack Wong, Public Prosecutor, for HKSAR
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Mr David Boyton, instructed by Messrs. Eric Yu & Co, for the 1
st
to 3
rd
defendants
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Mr Chung Boey, instructed by Messrs. Littewoods, assigned by the Director of Legal Aid, for the 4
th
defendant
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Ms Christine Leung , instructed by Messrs. Fairbairn Catley Low & Kong, assigned by the Director of Legal Aid, for the 6
th
defendant
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Mr Ryan Sheung, instructed by Messrs. Wong & Co, for the 7
th
and 8
th
defendants
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Offence:
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[1] Affray（毆鬥）
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[2] Unlawful assembly（非法集結） - alternative to 1
st
Charge
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[3] Failing to surrender to custody without reasonable cause （無合理因由而沒有按照法庭的指定歸押）- D8
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REASONS FOR SENTENCE
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Charges
1.
D1, D2, D3, D4, D6, D7 and D8 plead guilty to unlawful Assembly (Charge 2). D8 pleads guilty to failing to surrender to lawful custody (Charge 3).
Facts provided by Prosecution against D1 to D4 and D6 to D8 on Charge 2
2.
The prosecution provides to this Court the following facts:
(i) [On 19 September 2022] “Inside Bar” (the “Bar”) was situated at Shop 22, G/F, Yuccie Square, No 38 Yuen Long On Ning Road. There was a VIP room (the “VIP Room”) in the innermost part of the Bar. The back bar area was adjacent to the VIP Room. The Bar had a main entrance and a rear entrance.
(ii) CCTV of the Bar and Yuccie Square captured the following on 19 September 2022:-
(1) Kan Chun Ho (“Kan”) entered the VIP Room at 12:20 am and at that time, there were about 10 people (including D1-3 and D7) at the table right outside the VIP Room (“Party B”);
(2) D1-2 entered the VIP Room at 12:22 am;
(3) Kan was forced out of the VIP Room at 12:23 am, and he was then punched by a man (“WP1”);
(4) Kan struggled with WP1;
(5) Some of Party B pulled WP1 away and struggled with WP1;
(6) About 10 people including D4, D6, D8 and a male (“Party A”) then went out of the VIP Room joining WP1, and D1-2 were forced out of the VIP Room in the meantime;
(7) Party A and Party B were pushing each other outside the VIP Room, and D8 raised a machete in the course;
(8) D6 also took two bottles from a fridge in the back bar area and threw them towards Party B;
(9) D6 then took a few more bottles f
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