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。
Judge’s written reasons stated that the defendants, on 2019年10月1日 in the area of Hoi Pa Street, Tsuen Wan, New Territories, together with other unidentified persons, organised an umbrella formation, blocked the road and formed a defensive line using umbrellas, advanced towards the police, hurled bricks and petrol bombs, dragged a banner into a fire and burned it, defied verbal advice, flag warnings and tear-gas dispersal by officers, and were charged with riot; the first defendant was also charged with arson. The court, through multiple police and media video recordings and witness testimony, collectively found that all four defendants participated in the riot.
The court based its decision on section 19 of the Public Order Ordinance (riot) and section 61(3) of the Crimes Ordinance (arson), and, having regard to the elements of unlawful assembly and joint enterprise, adopted as sentencing criteria the nature of the offence, the shared intent, the level of violence and the degree of disruption to public peace.
In a riot of over two hundred people, the defendant used an umbrella formation to shield and advance roadblocks, continuously threw bricks and petrol bombs, seriously disturbing order and increasing policing difficulties; the video footage and police testimony demonstrated his subjective intent and objective disruption of public peace, requiring severe punishment.
The judge considered that the protests had gone beyond peaceful assembly, were highly mobile and destructive, and that any participants remaining on site would constitute joint offenders; the defendant’s black clothing, masked appearance and full protective equipment indicated more than mere observation, showing clear intent to participate and posing a real threat to public safety.
The court convicted the defendant of riot (and the applicable arson charge) and adjourned sentencing. (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 states that on the afternoon of 1 October 2019, between 3pm and 4pm, around a hundred people confronted the police at the junction of Tai Ho Road and Hoi Pa Street in Tsuen Wan. The demonstrators set up roadblocks, threw bricks, water bottles and petrol bombs, and started fires; the police fired tear gas and rubber bullets to disperse them. After a tug of war lasting about twenty minutes, five people, including the defendant, were arrested. The defendant pleaded not guilty, but the court found all guilty of rioting, and the first defendant was also convicted of arson.
Referencing similar cases, the maximum penalty for rioting is ten years and for arson is life imprisonment; considering the level of violence, duration and danger to society in this case, a starting point of four years and six months was set for both offences, balancing deterrence and proportionality.
The judge held that although this was a relatively small-scale clash, the demonstrators’ use of petrol bombs and hard objects seriously endangered public safety; all defendants jointly participated in the riot, and the first defendant’s arson aggravated the danger. Therefore, the same starting point was applied, with reductions for personal background, remorse and plea attitude.
The judge noted that the demonstrators disregarded the law, exploited crowd support and police restraint to launch violence, undermining public order; they must be severely punished to maintain the rule of law and public safety.
Ultimately, the first defendant received 56 months’ imprisonment for the combined offences of rioting and arson; two defendants were each sentenced to 51 months for rioting; the other defendant received 53 months. (Translated from Chinese to English by AI)
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