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 the evening of 5 September 2019, demonstrators gathered outside Mong Kok Police Station. Under the cover of an umbrella barricade, the defendant carried a lit plastic bag and placed it next to the station’s metal gate. He then proceeded to the junction of Prince Edward Road West and Nathan Road, where he struck and shook a traffic light with a hiking pole and his bare hands, attempting to damage public property. Late that night, the police identified the defendant as a target for arrest, ultimately stopping him on Nathan Road and seizing items including a lighter. The defendant subsequently admitted to charges of attempted arson and attempted criminal damage.
The judge, citing sections 60 and 159G of the Criminal Procedure Ordinance, noted that attempted arson is a serious offence, typically punishable by four to five years’ imprisonment; considering the need for public safety, deterrence and denunciation, immediate imprisonment should be the norm, although sentencing should be adjusted according to the circumstances of the case and the defendant’s individual situation.
Since the defendant had only used a small plastic bag to create a fire without causing actual damage, and it was quickly extinguished in the open air, the risk was minimal; the defendant was only 17 years old at the time, with a moderate intellectual disability and difficulties in emotion and judgment, and had no premeditation or intent to harm; the defendant had previously been subject to a probation order and had shown improvement recently, demonstrating rehabilitative potential and a low risk of reoffending.
Given the specific circumstances of the case and the defendant’s personal background, it is inappropriate to apply a typical arson sentence; a balance must be struck between punishment and rehabilitation. The judge held that detention in a rehabilitation centre best achieves deterrence, public protection and the defendant’s rehabilitation.
Accordingly, the judge ordered the defendant to be detained in a rehabilitation centre for the offences of attempted arson and attempted criminal damage, with the defendant to be held and subjected to subsequent supervisory arrangements in accordance with the relevant regulations. (Translated from Chinese to English by AI)
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