判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that on the afternoon of 17 November 2019, the defendant, claiming to be a nurse volunteer first-aider, entered the occupied Hong Kong Polytechnic University campus carrying equipment such as a tactical first-aid vest, helmet, gas mask and saline solution. He assisted in washing the eyes of those injured by tear gas and supporting the mildly injured at locations such as the pedestrian footbridge and the main entrance of Hong Kong Polytechnic University. In the early hours of the following day, the police, in accordance with public notices, sealed off and arrested all persons on campus. During the defendant’s entry into the Science Museum with others, he abandoned his equipment and was eventually arrested. The defendant had earlier pleaded guilty to unlicensed possession of a radio communication device and denied the charge of rioting.
According to the Public Order Ordinance, the offence of rioting carries a maximum penalty of ten years’ imprisonment, and the statutory sentencing standards for unlicensed possession of communication devices apply.
Although the defendant had no previous convictions and claimed to be helping others, he knowingly entered the core area of the riot and supported the rioters’ actions. His conduct fostered violence and must serve both as a deterrent and a means of preventing reoffending.
The defence of purely voluntary first aid is not accepted; the judge considers the defendant’s heavy equipment and his act of discarding it along with the crowd as actual support for the riot, constituting participatory conduct that substantially aided the disorder.
The judgment found the defendant guilty of the first and third counts of rioting and the tenth count of unlicensed possession of communication devices. Sentencing will be carried out later in accordance with the law, and he will be sentenced to imprisonment or other corresponding penalties as provided by statute. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
According to the judgment, the defendant participated in riots on the campus of the Hong Kong Polytechnic University on 17 and 18 November 2019. During this period, he claimed to be a volunteer medic, brought first-aid supplies and radio communication devices into the cordoned campus, and remained on site to support occupiers and the injured. On the morning of 18 November, after leaving with a large group of people dressed in black, he was arrested near the Science Building. In court, the defendant pleaded guilty to unauthorised possession of radio communication equipment; following a trial, he was additionally convicted on two counts of rioting, with sentencing adjourned pending mitigation.
According to the sentencing guidelines for rioting, the starting point is two years’ imprisonment for the riot on 18 November, and four years’ imprisonment for the Polytechnic University riot spanning 17 to 18 November, with reference to sentencing levels in similar cases; for the offence of unauthorised possession of radio communication equipment, a fine is imposed in line with case law.
Taking into account that the defendant provided only rear support, did not use violence, held no leadership role, was a first-time offender, and received strong support from family, friends, and teachers in mitigation letters, and given his genuine remorse and low risk of reoffending, three months were deducted from the starting sentence on each count; a further three-month reduction was allowed in view of his good character and moderate social impact; the offence of unauthorised possession of radio communication devices was met with a fine.
The judge opined that while the defendant was motivated by a desire to help, his mistaken belief in his alleged volunteer medic status led him to effectively join the riot and bolster its momentum, and thus he must be held criminally responsible; however, given his empathy and good character, an overly harsh sentence would be inappropriate, warranting suitable mitigation.
The defendant was sentenced to 21 months’ imprisonment for the first count of rioting and 45 months’ imprisonment for the third count of rioting, to run concurrently, and was further reduced at the court’s discretion to a total of 42 months’ imprisonment; additionally, for the offence of unauthorised possession of radio communication equipment, a fine of HKD 2,500 was imposed. (Translated from Chinese to English by AI)
查看完整判刑理由書