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 states that on 21 September 2019, the defendant took part in a demonstration following the conclusion of a public procession in Tuen Mun. He, together with approximately 200 to 250 masked individuals, erected a roadblock on Tuen Hui Street and confronted the police. The defendant stood on the front line, holding a homemade metal shield and a pointed hiking stick. He struck the water-filled barriers to create noise, sprayed water, and threw objects. During this period, officers issued multiple warnings, all of which were ignored. He was subsequently arrested during the clearance operation, and a hiking stick, the shield, protective equipment, and other items were seized.
The maximum sentence for rioting is 10 years’ imprisonment; for possession of an offensive weapon in a public place (for a defendant aged 17 to 25) the maximum is 3 years’ imprisonment or detention in a rehabilitation centre/corrective centre. This bench adopts 4 years and 3 months as the sentencing baseline for rioting and 12 months as the baseline for possession of a weapon.
Having regard to the scale of the riot (approximately 250 people within half an hour), the use of weapons (a pointed hiking stick and pre-prepared protective equipment), and the actual risk posed to police officers and public safety, this amounted to serious collective violence requiring a deterrent sentence; the defendant was convicted after trial, so no reduction for a plea applies; his age and good background are not factors for mitigation.
The judge refused to request a report from the rehabilitation centre, considering imprisonment the only appropriate option; the sentences for the two offences should run concurrently to fully address the needs of society and officer safety.
The defendant was sentenced to 4 years and 3 months’ imprisonment, with the terms for both offences to be served concurrently. (Translated from Chinese to English by AI)
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