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。
Judgment stated that from 13 to 14 August 2019 hundreds of protesters demonstrated at Hong Kong International Airport, occupying the carriageway outside the departures hall, placing luggage trolleys and metal barriers to block police transport vehicles and ambulances. The third and fourth defendants assisted in moving and striking the vehicles, and threw objects; subsequently protesters rioted inside the terminal building, and the first and second defendants, together with others, surrounded a fully equipped police officer, pushing against and attacking his riot shield and body, causing the officer to be injured and damage to the police vehicle.
The offence of ‘rioting’ under Section 19 of the Public Order Ordinance carries a maximum sentence of 7 years in the District Court; the offence of ‘unlawful assembly’ under Section 18 carries a maximum sentence of 5 years. The Court of Appeal guidelines specify various considerations including the size of the assembly, degree of violence, duration, consequences and roles.
Taking into account the defendants’ collective violent behaviour and its serious disruption to public order, especially since the incident occurred at an international airport, a high deterrent effect and upholding of the rule of law are necessary; the first and second defendants pleaded guilty before trial and each received a one-quarter reduction in sentence; the third and fourth defendants, having no prior convictions, each received a one-month discretionary reduction in sentence.
The court will not tolerate violence against police officers, and safeguarding public order and the core values of the rule of law requires severe penalties to warn the public; in assessing the offence of rioting, consideration must be given to its collective nature and consequences, and punishment should be increased because of the special nature of the location.
The first and second defendants were each sentenced to 45 months’ immediate imprisonment for the offence of ‘rioting’; the third and fourth defendants were each sentenced to 13 months’ immediate imprisonment for the offence of ‘unlawful assembly’. (Translated from Chinese to English by AI)
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