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 on 1 October 2019, the defendant, together with others, planned and participated in a riot in the area of Hoi Pa Street, Tsuen Wan, using umbrellas to form defensive lines, erecting roadblocks and throwing bricks, petrol bombs and other objects at the police. There was also arson at the scene; the defendant has no criminal record and pleads not guilty to all charges.
Under the statutory penalties for riot under Section 19 of the Public Order Ordinance and arson under Section 61(3) of the Crimes Ordinance, the defendant’s role, conduct and subjective intent at the scene must be taken into account.
The defendant employed violence to disrupt public order, and his conduct would objectively cause a reasonable bystander to fear; moreover, the first defendant personally set fire to and destroyed the banner, making the circumstances more serious.
The defendants’ group actions demonstrated a common intent, and the violent confrontation lasted for several tens of minutes, proving that each defendant actively participated in and assisted the protesters in disrupting order. They had no reasonable justification to remain at the scene, and the court has no doubt about the facts of their guilt.
The court found the defendant guilty of riot and arson and adjourned to a date for sentence. (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 National Day, 1 October 2019, in the area of Tai Ho Road and Hoi Pa Street in Tsuen Wan, around one hundred to two hundred protesters confronted the police. During this time, they set up roadblocks and threw bricks, petrol bombs and miscellaneous items at officers; some individuals also started fires on the pavement, and the first defendant even dragged a banner into the flames. After the police fired tear gas and rubber bullets to disperse them, they arrested, among others, the four defendants, who were charged with riot; the first defendant was additionally charged with arson, and was ultimately convicted.
According to section 19(2) of the Public Order Ordinance and section 63(1) of the Crimes Ordinance, riot carries a maximum of ten years’ imprisonment and arson life imprisonment; with reference to the Yang Ka-lun case, a starting point of five years for riot and nearly five years for arson is applied, and factors such as the number of participants, degree of violence, duration, public disturbance and threat to public safety must be considered to balance deterrence with individual circumstances.
In this case, a group of about one hundred people sustained their actions for over twenty minutes, obstructing roads in a mixed commercial and residential area and instigating a series of attacks, amounting to a small-scale war; the first defendant also intentionally damaged property and endangered public safety. Pursuant to the joint enterprise principle, the defendants’ sentences should be equal; after considering each defendant’s background, expression of remorse and the strength of their not guilty plea, a moderate discretionary reduction was granted.
The judge considered that the protesters’ actions were undisciplined and seriously endangered the rule of law and social order. The police had exercised restraint in their enforcement, so severe penalties are necessary to serve as a warning and deter similar violent incidents from recurring.
Defendant 1 was sentenced to four years and eight months’ imprisonment for the offences of riot and arson; defendants 2 and 3 were each sentenced to four years and three months’ imprisonment for riot; defendant 4 was sentenced to four years and five months’ imprisonment for riot. (Translated from Chinese to English by AI)
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