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 this case arose on the evening of 7 September 2019 at approximately 21:55, when dozens of protesters unlawfully assembled at MTR Shatin Station and confronted railway district police officers; during the incident the third defendant used a torch to shine a powerful light into the officers’ eyes, after which he was pursued, subdued and arrested in the control room, where two laser pointers capable of causing eye injury were found in his backpack; CCTV footage and Octopus card records showed that two suspects (later identified as the first and second defendants) appeared repeatedly before and after the incident, and protest equipment was recovered on their persons and at their residences; the three defendants denied the charges in the District Court, but after trial the judge, relying on police testimony, video recordings and forensic evidence, convicted all three defendants of rioting, assaulting police, resisting arrest and possession of offensive weapons.
In accordance with sections 18 and 19 of the Public Order Ordinance and section 17 of the Minor Offences (Summary Proceedings) Ordinance, with reference to the sentencing guidelines and precedents for rioting, assaulting police, resisting arrest and possession of offensive weapons.
The defendant’s conduct was organised and involved repeated use or possession of dangerous items, severely disrupting public order and law enforcement procedures, causing injury to officers, and warranting punishment to deter similar conduct.
The evidence is ample and conclusive, the officers’ testimony is reliable, and the CCTV footage and forensic evidence all support the prosecution’s case; the three defendants’ actions were serious and showed no remorse, meriting heavy sentences.
The District Court judge found all three defendants guilty, adjourning sentencing to a later date. (Translated from Chinese to English by AI)
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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。
The grounds indicate that on the night of 7 September 2019, dozens of protesters at Sha Tin station confronted railway police. The third defendant shone a torch into an inspector’s eyes, triggering a pursuit and fierce resistance. The protesters then charged the control room door; the first defendant threw a metal mooncake tin, the second defendant used an umbrella to block the door, and some protesters used a fire extinguisher to spray foam. Officers deployed pepper spray and subdued the three, and two laser pointers were found hidden in the third defendant’s backpack.
The court relied on Section 19 of the Public Order Ordinance, referring to the twelve sentencing factors established in the Court of Appeal’s Leung Tin-kei case, including premeditation, number of participants, degree of violence, duration, and scope of impact, with maintenance of public order as the benchmark.
In this case, the riot occurred on a vital transport route; protesters collectively used miscellaneous objects and bright lights and fiercely resisted officers, seriously disrupting order and endangering police safety, warranting both punitive and deterrent sentences.
The judge stated that violence against police will not be tolerated. Although the defendants have good backgrounds, they must still be held accountable for their unlawful actions.
The court sentenced: the first defendant to 3 years and 8 months’ imprisonment for rioting and 3 months for assaulting a police officer (with 1 month to run consecutively to the riot sentence), totalling 3 years and 9 months; the second defendant to 3 years and 8 months’ imprisonment for rioting; the third defendant to 3 months for resisting law enforcement and 9 months for possessing an offensive weapon, with the two sentences running consecutively, totalling 12 months. (Translated from Chinese to English by AI)
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