判刑理由書撮要(由AI生成)
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The judgment states that from the night of 13 August 2019 to the early morning of the 14th, numerous protesters blocked roads outside Hong Kong International Airport, preventing police cars and ambulances from leaving, and gathered outside Terminal 1, which escalated into a riot. The defendants respectively assisted in placing trolleys and metal barriers, banged on vehicle bodies, threw objects, and shone torchlight and laser beams at police officers. One officer was attacked by more than a dozen people, had his baton seized and was struck, and ultimately discharged a firearm as a warning to stop the assault. The first and second defendants later pleaded guilty to riot, and the third and fourth defendants were convicted of unlawful assembly.
Pursuant to section 19 of the Public Order Ordinance for the offence of riot (maximum penalty 10 years, District Court may impose up to 7 years) and section 18 for unlawful assembly (maximum penalty 5 years), and having regard to the Court of Appeal’s sentencing guidelines on riot and unlawful assembly, balancing punitive and deterrent considerations.
Having regard to the use of violence by the defendants to besiege and attack police officers within the airport premises, resulting in serious damage to a police vehicle, and the gravity of the circumstances, and noting that they pleaded guilty only shortly before and during the trial, the starting point for sentencing the first and second defendants for riot was set at 4 years and 9 months, increased by 3 months to 60 months, and then reduced by one quarter; the starting point for sentencing the third and fourth defendants for unlawful assembly was set at 12 months, increased by 2 months to 14 months, with a discretionary reduction of 1 month.
The court will not tolerate violence against on-duty police officers and must impose severe penalties to uphold public order and the rule of law. This is not related to political stance and is not a value judgment; it is intended to warn others and eradicate violence that breaches public tranquillity.
The first and second defendants were each sentenced to 45 months’ immediate imprisonment for riot; the third and fourth defendants were each sentenced to 13 months’ immediate imprisonment for unlawful assembly. (Translated from Chinese to English by AI)
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