判決理由書／裁決書撮要(由AI生成)
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The judgment noted that from about 6pm to 8pm on 31 August 2019, in the areas of Hennessy Road and Lockhart Road on Hong Kong Island, obstacles were successively constructed and set alight using miscellaneous materials, and petrol bombs were thrown at the police line. The police formed a line, advanced, and launched dispersal and arrest operations, arresting eight defendants on a section of Hennessy Road and Matheson Road opposite Southorn Stadium. One of them was additionally charged with possession of petrol bombs and a metal telescopic baton. All defendants had no prior convictions and denied the charges. The defence applied for some defendants to be exempt from pleading and challenged discrepancies between witness testimony and CCTV footage. The court thus conducted a detailed analysis of police testimony, video footage, and identification evidence.
The offence of riot under Section 19 of the Public Order Ordinance carries a maximum term of 10 years’ imprisonment; the offence of possession of an offensive weapon in a public place under Section 33 carries a maximum of 2 years’ imprisonment.
Considering that the defendants had no prior convictions and denied the charges, the prosecution failed to provide conclusive evidence proving their participation in the riot or possession of weapons. There were significant discrepancies between the testimony of multiple officers and the video records, and the identification evidence was highly unreliable.
The judge held that the scene was complex and crowded, and that relying solely on the place of arrest, clothing, and a single witness identification was insufficient to eliminate reasonable doubt. The evidence did not meet the standard for conviction.
The court ruled that the evidence was insufficient to support the offences of riot and possession of an offensive weapon faced by all defendants, found them not guilty, and ordered their immediate release. (Translated from Chinese to English by AI)
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