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, the seven defendants took part in a riot on the evening of 31 August 2019 around Percival Street in Causeway Bay. Approximately three hundred people gathered outside Hennessy Road to confront the police, burning miscellaneous items, throwing petrol bombs and using laser pointers. The police issued warnings and displayed black and orange flags, and at about 9:06 pm began advancing along Percival Street, subsequently arresting the defendants at locations including Percival Street and Paterson Street. The first defendant was additionally charged with unlicensed possession of a radio communication device. The prosecution inferred their participation in the riot from their arrest locations, black clothing, carried equipment and flight. The defence emphasised that there was no direct evidence showing that each defendant actually engaged in disruptive conduct or shared a common purpose, and that the arrests did not take place immediately at the scene. After trial, the court found that the first defendant was fully equipped, moved with his accomplices and attacked officers, and possessed an unlicensed communication device, which sufficiently proved his participation in the riot and possession of a wireless transceiver. The remaining defendants were acquitted due to insufficient evidence.
Under section 19 of the Public Order Ordinance, the offence of riot carries a maximum sentence of ten years’ imprisonment; under sections 8 and 20 of the Telecommunications Ordinance, unlicensed possession of radio apparatus carries a maximum sentence of two years’ imprisonment.
In consideration of the first defendant’s active participation in the riot, comprehensive equipment and attack on police with his accomplices, and possession of an unlicensed walkie-talkie; given his lack of prior convictions and that this was his only offence, a discretionary reduction was applied.
Riot poses a serious threat to social order and public safety and requires strong deterrence; unlicensed communication devices facilitate on-site organisation and must also be severely punished.
The defendant was convicted of the offences of riot and unlicensed possession of a radio communication device, and was sentenced to a total of three years and six months’ imprisonment. (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, the defendant, on the evening of 31 August 2019 between approximately 8:00pm and 9:06pm, at No. 1 King’s Road, Causeway Bay, and outside SOGO on Hennessy Road, together with about 300 people dressed in black clothing and black trousers, some wearing armour and helmets, set fire to debris, threw petrol bombs, emitted laser beams, carried long objects and shouted insults at the police. The police issued unlawful assembly warnings and displayed a black flag on multiple occasions. The rioters continued for about half an hour, whereupon the police advanced to disperse them and arrested the defendant on Paterson Street. The defendant was subdued while fleeing to the lift of Cheuk Wan Building. His equipment and the radio transceiver he dropped proved his participation in the riot; he also did not hold the relevant licence.
According to Sections 19 of Chapter 245 of the Public Order Ordinance and Sections 8(1)(b) and 20 of Chapter 106 of the Telecommunications Ordinance, and with reference to the Court of Appeal’s sentencing guidelines for the offence of riot in HKSAR v Leung Tin-kei and Tang Ho Yin, including factors such as the scale of the offence, level of violence, use of weapons, duration, harm caused and the defendant’s role.
In this case, the riot involved over 300 people who used weapons, set fires and threw petrol bombs, posing a high level of threat and lasting over half an hour. Although the defendant did not personally commit any violent acts nor was he an organiser, his protective gear and attempt to flee showed active participation. Taking into account his guilty plea which saved judicial resources, lack of leadership role, relatively minor prior record and other mitigating factors, the sentencing starting point was reduced from 4 years 6 months to 4 years. Additionally, for possession of an unlicensed radio communications device, a fine of HK$5,000 was imposed.
The judge considered that the seriousness of a riot must be assessed by the actions of the group joined; although the defendant did not cause serious fatalities or injuries and was not a leader, he must bear criminal responsibility for collective violence. After considering all mitigation factors, the judge imposed four years’ imprisonment and a fine of HK$5,000.
The defendant was sentenced to four years’ imprisonment for the offence of riot; for possession of an unlicensed radio communications 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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