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 notes that on the evening of 31 August 2019, about 300 individuals dressed in black and carrying protective equipment gathered in the area of Great George Street and Hennessy Road in Causeway Bay, throwing petrol bombs, setting fires and shining lasers at police officers. The police issued multiple warnings and advanced at 21:06, subsequently arresting seven defendants first on Great George Street and then on Paterson Street, one of whom was in unauthorised possession of a wireless communication device. The prosecution relied on CCTV footage and police testimony, and inferred their participation in a riot from the defendants’ locations at the time of arrest, their clothing and their attempts to flee. The defence argued that there was no direct evidence and that their equipment was similar to that of bystanders. The court ruled that only the first defendant was found guilty on two charges, and the riot charges against the other defendants were dismissed.
Under section 19 of the Public Order Ordinance, the offence of riot carries a maximum penalty of 10 years’ imprisonment; the Telecommunications Ordinance regulates unauthorised possession of communication devices. Sentencing must consider the nature of the offence, the degree of force used, its impact on society, and the defendant’s record and remorse.
The first defendant was fully equipped, fled and assaulted police officers, and possessed an unauthorised radio to assist communication. His conduct was dangerous and warranted a heavier penalty; the evidence against the other defendants was purely circumstantial and failed to exclude reasonable doubt, making conviction inappropriate.
The judge considered that the essence of a riot lies in violence and threat; a large crowd throwing petrol bombs, burning debris and attacking police officers had severely disrupted public order. The conduct of the first defendant met the statutory elements, whereas it was difficult to establish the participation of the other defendants based solely on their location and attire, and therefore their charges were not upheld.
The judgment ultimately found the first defendant guilty of riot and unauthorised possession of a wireless communication device and ordered sentencing; the riot charges against the second to seventh defendants were dismissed. (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。
According to the judgment, on the evening of 31 August 2019 the defendant participated in a riot at the junction of Ji Li Zuo Zhi Street and Hennessy Road in Causeway Bay. At that time, about 300 people dressed in black clothing and wearing armour and helmets set fire to debris, threw petrol bombs, shone laser beams and emitted loud banging noises. The police displayed black flags and issued dispersal warnings on multiple occasions, but the rioters continued to endanger public safety for more than half an hour. The defendant was arrested while fleeing and a licence-free radio transceiver fell from his person; testing showed it was a device requiring a licence, and he was accordingly charged with rioting and unlawful possession of a wireless communication device without a licence.
Reference was made to Section 19 of the Public Order Ordinance and Sections 8(1)(b) and 20 of the Telecommunications Ordinance, and the twelve sentencing factors for riot offences set out by the Court of Appeal in HKSAR v. Leung Tin-kei were taken into account, including the degree of planning, number of participants, nature and extent of weapons and violence, scale and duration, impact on the public and property, division of roles and so forth.
It was considered that the defendant was present at a riot involving over 300 people, which lasted for more than half an hour, and that actions such as setting debris alight and throwing petrol bombs posed a high threat; at the same time it was noted that he did not carry an offensive weapon, did not occupy a leadership or instigation role, pleaded guilty—thereby saving judicial resources—and had personal background and mitigation factors.
The judge held that the offence of rioting is a serious crime, but the defendant was not a ringleader and no serious injuries or fatalities occurred; taking five years as the starting point, the sentence was reduced to 4 years’ imprisonment in light of the guilty plea and personal circumstances; as for the offence of unlawful possession of a communication device without a licence, a fine was appropriate, to be deducted from the bail.
The defendant was sentenced to 4 years’ imprisonment for the offence of rioting; for the offence of unlawful possession of a wireless communication device without a licence, a fine of HKD 5,000 was imposed, to be deducted from his bail. (Translated from Chinese to English by AI)
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