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。
According to the judgment, on the evening of 31 August 2019 the defendants assembled with about 300 rioters around Gei Li Zuo Zhi Street in Causeway Bay, some wearing dark clothing and carrying shields, umbrellas and burning debris, throwing petrol bombs and firing laser beams at the police, severely disrupting public order. The police first set up a cordon on Hennessy Road, and after repeated warnings proved ineffective, at 21:06 advanced along Hennessy Road and Gei Li Zuo Zhi Street, arresting seven defendants at the junction of Gei Li Zuo Zhi Street and Paterson Street, outside Pearl City Building and at nearby locations. The first defendant was additionally charged with unlicensed possession of a radio communication device.
Under section 19 of the Public Order Ordinance this constitutes the offence of rioting, and under section 8(1)(b) and section 20 of the Telecommunications Ordinance it constitutes the offence of unlicensed possession of a radio communication device; both are criminal offences.
During the riot, the demonstrators blocked roads, committed arson, threw petrol bombs and assaulted the police. After repeated warnings, the police dispersed and arrested them. The first defendant, while fleeing, was dressed and equipped like the rioters and attacked the officers attempting to restrain him; his radio handset was found by experts to be a radio communication device and unlicensed. The evidence is sufficient to support both charges.
The judge is of the view that the prosecution’s facts and evidence establish the first defendant’s participation in the riot and unlicensed possession of equipment beyond reasonable doubt; as to defendants two through seven, the evidence is purely circumstantial and leaves reasonable doubt, and therefore they cannot be convicted of rioting.
The defendant (first defendant) was convicted of riot and unlicensed possession of a radio communication device; defendants two to seven were found not guilty of riot. (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 the evening of 31 August 2019, from about 8:00 pm to 9:06 pm, the defendant participated in a riot with approximately 300 people outside SOGO at 1 Great George Street, Causeway Bay. The group wore black clothing and protective armour, carried long objects, burned debris, hurled petrol bombs, shone laser beams and shouted insults at high volume; after the police had set up a cordon and issued multiple warnings without effect, they advanced and arrested the defendant on Pedder New Street. The defendant attempted to escape by lift and was assisted by accomplices who assaulted an officer, but he was still subdued. A radio transceiver fell from his person, which was later confirmed to be unlicensed and to exceed the permitted power limits.
The judge, following the Court of Appeal’s sentencing guidelines for riot offences, took into account twelve factors: whether the act was premeditated, the number of participants, the extent of weapon use, the scale and duration of the riot, the harm caused and level of public disturbance, the defendant’s role, and other indicators.
In this case the riot involved over 300 people and lasted for more than half an hour, posing a high level of threat; although the defendant did not personally commit violence or hold a leadership position, he wore protective armour and used a radio to facilitate communication; his guilty plea saved judicial resources, and he had a good social background with no prior violent offences. The sentencing starting point was set at four years and six months, reduced to four years’ imprisonment on a discretionary basis; having regard to his financial circumstances, he was fined HK$5,000 for the offence of unlicensed possession of a radio communication device.
The judge opined that the seriousness of a riot offence lies in collective conduct and must be assessed by the group’s overall actions; the defendant did not incite or lead the riot, nor did he cause serious casualties, so a partial reduction in sentence was granted.
The defendant was sentenced to four years’ imprisonment for the riot offence; for the unlicensed possession of a radio communication device, he was fined HK$5,000, which may be deducted from his bail. (Translated from Chinese to English by AI)
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