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 noted that on the evening of 31 August 2019 in the area of Gresson Street and Paterson Street in Causeway Bay, Hong Kong, approximately 300 people clad in black and wearing helmets confronted the police by burning debris, throwing petrol bombs and projecting laser beams. After multiple warnings, at 21:06 the police advanced along Hennessy Road and successively arrested Defendants One to Seven on Gresson Street and Paterson Street; Defendant One was found at the scene to be in possession of an unlicensed radio transceiver.
The judge relied on Section 19 of the Public Order Ordinance for the offence of rioting and Section 8 of the Telecommunications Ordinance for unlicensed possession of a radio communications device. The former carries a maximum sentence of ten years’ imprisonment and the latter a fine and/or imprisonment. He also referred to relevant case law and considered the nature of the conduct, the social harm, the defendants’ attitudes and their prior records.
The judge held that Defendant One was fully equipped and carried an unlicensed walkie-talkie for communication, and during the attempt to evade arrest he and his associates attacked police officers. His participation and facilitation of the rioting behaviour seriously disrupted public order; however, taking into account his lack of prior convictions and his guilty plea, he was shown leniency but still required to serve an immediate custodial sentence. As for the remaining defendants, due to insufficient evidence and the inability to exclude reasonable doubt, the charges against them were not upheld and they were acquitted and released.
The judge emphasised that the burden of proof rests with the prosecution and that convictions should only be secured where the evidence is conclusive. While it is necessary to maintain public order and impose severe penalties as a deterrent for serious rioting, the presumption of innocence must be upheld for those against whom the evidence is insufficient.
Defendant One was sentenced to eighteen months’ imprisonment for the rioting offence and three months’ imprisonment for the unlicensed possession of a radio transceiver offence; with the sentences to offset, he was ordered to serve eighteen months in total. Defendants Two to Seven were all acquitted of the rioting offence. (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 stated that on the evening of 31 August 2019, between approximately 8:00 pm and 9:06 pm, the defendant participated in a riot of about 300 people outside No. 1 Ji Li Zuo Zhi Street in Causeway Bay. The group took turns to set fire to and burn debris, throw petrol bombs, use laser lights to shine at the police, and loudly insult them while ignoring multiple police warnings. The defendant was dressed in armour and black clothing and carried a radio transceiver. He attempted to flee during the riot but was arrested. He later admitted the charges at trial and was convicted of one count of rioting and one count of possession of a radio communication device without a licence.
Sentencing guidelines: case law was cited, considering twelve factors in sentencing rioting offences, including whether the riot was pre-planned, the number of participants, use of violence and weapons, scale, duration, continuation after warnings, damage and disruption caused, impact on public relations, and so on.
Sentencing reasons: in this case, the riot involved over 300 people, lasted more than half an hour and involved the use of armour, arson and bomb-throwing. The starting point for sentencing was imprisonment of five years or more; however, since the defendant did not lead or incite others, admitted most of the facts to save judicial resources, and considering his personal background and the absence of serious injuries or fatalities, the term was reduced from the starting point to four years’ imprisonment. For the offence of unlicensed possession of a radio communication device, the defendant’s financial circumstances were taken into account and a fine of HK$5,000 was imposed.
Judge’s opinion: the court held that even though the defendant did not personally use violence, his participation in a collective riot was equally serious; having regard to his lack of a leadership role, absence of offensive weapon use, mitigation and guilty plea, the sentence struck an appropriate balance between societal deterrence and the defendant’s chance for rehabilitation.
Sentence outcome: the defendant was sentenced to four years’ imprisonment for the offence of rioting and to a fine of HK$5,000 for unlicensed possession of a radio communication device, to be deducted from his bail. (Translated from Chinese to English by AI)
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