判決理由書／裁決書撮要(由AI生成)
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The judgment states that, on the evening of 31 August 2019, the seven defendants participated in a riot around Jili Zuo Zhi Street in Causeway Bay. Approximately 300 people at the scene wore dark clothing, helmets and goggles, built bonfires, set fires and threw petrol bombs at the police. The police formed a defensive line on Hennessy Road and, after repeated warnings, advanced, subsequently arresting the seven defendants near the junction of Jili Zuo Zhi Street and Percival Street. The first defendant was also found to be carrying an unlicensed radio communication device. The prosecution mainly inferred the defendants’ involvement from their positions, clothing and equipment, and their flight behaviour at the time of arrest; the defence argued that there was no direct evidence showing that any of the defendants actually took part in acts that disturbed the peace. The case included multiple CCTV and media clips, and evidence from police officers and experts for adjudication.
The maximum penalty for the offence of rioting is ten years’ imprisonment; the maximum penalty for possession of an unlicensed radio communication device is two years’ imprisonment.
The first defendant was fully equipped and, as the police advanced, fled and struggled alongside other rioters, and was found in possession of an unlicensed communication device, demonstrating his participation in the riot and breach of telecommunications regulations; the remaining defendants, given that the evidence against them is only indirect and leaves reasonable doubt, do not meet the standard of proof beyond reasonable doubt.
The judge emphasised that the prosecution must adduce evidence beyond reasonable doubt for each defendant; in the case of the first defendant, the finding of guilt was the only irresistible inference, and thus he was convicted; for the other defendants, the indirect nature of the evidence was insufficient and they should be acquitted, in line with the fundamental requirements of criminal trial.
The court convicted the first defendant of rioting and of possessing an unlicensed radio communication device; the rioting 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。
The judgment stated that on the evening of 31 August 2019, from approximately 8:00 pm to 9:06 pm, around 300 individuals dressed in black occupied the road at and around 1 Kerrisdale Street and Hennessy Road in Causeway Bay, set fire to debris, threw petrol bombs, emitted laser beams and shouted loudly, confronting the police. The police repeatedly issued unlawful assembly warnings and displayed a black flag to those present, and only advanced to clear the scene after the rioters started fires. The defendant was wearing body armour and carrying an unlicensed radio transmitter. He was arrested while fleeing and was ultimately convicted of rioting and unauthorised possession of a radio communication device.
According to the guidelines for the offence of rioting, sentencing must take into account factors including whether the riot was pre-planned, the number of participants, the violence and weapons used, the scale and duration, continuation after warnings, the degree of harm and threat to persons and property, public disturbance and the burden on public expenditure, the role of the offender and other concurrent offences.
In this case, the riot involved over 300 people, lasted for more than half an hour, and the participants wore body armour, set fires and threw petrol bombs, presenting a high level of threat. The baseline sentence is not less than five years. Although the defendant did not prove that he used violence alone or took a leadership role, his full equipment and support of the group’s actions constituted participation in the riot. The sentencing starting point was four and a half years’ imprisonment, which, in light of the defendant’s guilty plea and background, was reduced to four years’ imprisonment and a fine.
The judge considered that the offence of rioting focuses on the collective conduct of participants, not solely on individual acts. Although the defendant showed no signs of leadership or direct violence, he had supported the rioting behaviour and must bear the corresponding responsibility. At the same time, the judge took into account the defendant’s guilty plea, which saved judicial resources, and his personal background, and considered that an appropriate sentence reduction was warranted.
The defendant was sentenced to four years’ imprisonment for rioting and fined HK$5,000 for unauthorised possession of a radio communication device, which may be deducted from his bail. (Translated from Chinese to English by AI)
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