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 stated that, in response to an online call for ‘encircle Wei to rescue Zhao’, the three defendants and other protesters repeatedly threw petrol bombs and bricks in the vicinity of the Hong Kong Polytechnic University in the Tsim Sha Tsui area, including Observatory Road, Chatham Road South, Kimberley Street, Cameron Road and the back alleys of Hau Fook Street, between the evening of 18 November 2019 and the early hours of 19 November 2019. They also used a handcart to transport incendiary devices and other protest materials, seriously disturbing public peace. At approximately 3:47 am on 19 November, the police arrested the defendants and eleven other accomplices in the stairwell and on the rooftop of the Tong Lau at No. 7–7A Hau Fook Street, and seized protective equipment including gas masks, helmets, swim goggles, cable ties, metal pliers and saline solution from their persons and backpacks. After trial, the court found that the three defendants had deliberately supported the riot by capitalising on the momentum at the scene, their actions constituting the offence of rioting.
Pursuant to section 19 of the Public Order Ordinance, the maximum penalty for rioting is ten years’ imprisonment, with a term of imprisonment normally imposed. Sentencing must take into account the nature of the offence, its harm to society and the defendant’s attitude.
The three defendants conspired to take part in an organised riot, using petrol bombs and other dangerous items to confront the police, seriously endangering public safety; considering their lack of prior convictions but clear criminal intent, an immediate custodial sentence is required to punish them and serve as a warning to society.
The judge held that, even without prior convictions, the defendants’ conduct fuelled the riotous fervour and posed a significant challenge to the rule of law; sentencing should balance individual responsibility and deterrent effect in order to maintain public peace.
The three defendants were all found guilty of rioting, and sentencing hearings will be scheduled in due course. (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 judgment notes that on 19 November 2019, the three defendants, in the area around Observatory Road, Chatham Road South, Kimberley Street and Hough Lane in Kowloon, responded to an online call to ‘besiege Wei to rescue Zhao’, deliberately carrying items such as face masks, saline solution, gas masks and cable ties, and, together with the protest crowd, threw bricks and petrol bombs at police lines, disrupting public tranquillity; they were arrested on the staircase and rooftop of the tenement at Nos. 7–7A Hough Lane during a police sweep.
Riot is a serious crime, usually resulting in immediate imprisonment with sentences of several years; those involved in serious violence must receive a sentence that is sufficiently punitive and deterrent; for young offenders, the need for rehabilitation must also be taken into account; in this case, the starting point for the adult sentence was 39 months, reduced by 3 months for having no prior record and by 1 month for saving trial time, resulting in a sentencing starting point of 35 months.
The three defendants were not the masterminds and did not personally carry out violence, merely acting in support; all are first-time offenders with no criminal record, aged between 16 and 22 at the time, and cooperated in the trial and admitted some evidence; the Correctional Services Department report recommended correction at a training centre; this court held that a period of detention in a training centre together with a three-year supervisory regime is commensurate with 35 months’ imprisonment.
Riot cannot be tolerated, and those who support it must also be punished to uphold the rule of law and public order; sentencing must be deterrent while also accommodating the rehabilitation of young offenders; sentencing to a training centre represents a balanced approach combining punishment and education.
Defendants 1 and 2 were both ordered to be sent to a training centre for detention and supervision; Defendant 3 was sentenced to immediate imprisonment for 35 months. (Translated from Chinese to English by AI)
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