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 verdict, after the anti-extradition bill rally that the defendant had supported concluded on 26 June 2019, he and other protesters surrounded the Wan Chai Police Headquarters, blocking each entrance and exit with metal barriers, rubbish bags and other items, and obscuring CCTV cameras. During this time, an officer (the prosecution’s first witness), on his way back on duty, was chased and attacked by the crowd and accidentally knocked over a female protester. Upon seeing this, the defendant joined the chase and used fists and kicks to assault the officer. The police collected the defendant’s fingerprints and seized his clothing related to the incident, and in the subsequent trial charged him with rioting, assault causing actual bodily harm and failure to surrender to custody as required, three offences in total. After the court’s hearing, he was convicted of rioting and common assault (the original assault causing actual bodily harm offence being reduced), and also of failing to surrender to custody as required.
In accordance with section 19 of the Public Order Ordinance and section 40 of the Offences Against the Person Ordinance, and having regard to the sentencing guidelines for riot and assault offences, consideration is given to the defendant’s propensity for using force in the riot and the seriousness of the threat posed to public safety and the personal safety of officers.
The defendant did not use force for lawful self-defence or to prevent the commission of an offence; his two punches and one kick were deliberate acts of retaliation and assistance to his associates in disturbing social peace. CCTV footage, police testimony and fingerprint evidence fully establish his identity and actions; however, his lack of prior convictions and his admission of certain facts in court are minor mitigating factors at sentencing.
In the heated illegal assembly, the defendant used violence to further the common purpose; his conduct exceeded the limits of societal tolerance and did not fall within the lawful scope of self-defence or the prevention of crime, and must be met with severe condemnation and punishment.
The defendant was convicted of rioting and common assault on 17 September 2020 in the District Court, and was also found guilty of the offence of failing to surrender to custody as required. Sentencing was adjourned for a later date. (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 26 June 2019 thousands of citizens surrounded the Police Headquarters from Central to Arsenal Street in Wan Chai, blocking entrances and exits, spray-painting walls and throwing objects in protest. In the chaos the defendant, wearing a mask and gloves, twice punched an undercover officer near a vehicle barrier and then kicked him; the officer escaped onto a platform to break free. The defendant later failed to return to custody as required in November 2019 and was arrested the following month. The cases resulted in convictions for riot, common assault and failure to surrender to custody.
According to Section 19 of the Public Order Ordinance, the maximum penalty for riot is 10 years, and the District Court may impose up to 7 years; common assault carries a maximum of 12 months; the starting point for failure to surrender to custody is 3 months, with a one-third reduction for a guilty plea. Sentencing must follow the Court of Appeal’s general principles on riot offences, balancing deterrence and the maintenance of public order.
Considering that the defendant and others blocked the Police Headquarters, insulted and assaulted law enforcement officers, seriously disturbed public order, and given the special nature of the location, the large scale and the use of masks to conceal identities as aggravating factors; the moderate degree of violence, absence of serious injury and lack of weapons as mitigating factors; and that the defendant had no prior convictions and pleaded guilty, although that reduction was limited. Accordingly, the starting point for the riot offence was 4 years, reduced by 2 months to 3 years and 10 months; for common assault the starting point was 6 months, reduced by 1 month to 5 months; and for failure to surrender the starting point was 3 months, reduced by 1 month to 2 months.
The judge considered that even if the defendant had a good background, violent conduct and contempt for the law must be severely punished to uphold the rule of law and public tranquillity, and cautioned young people against using force to convey political demands.
The defendant was sentenced to 3 years and 10 months’ imprisonment for riot, 5 months’ imprisonment for common assault (to run concurrently with the first sentence), and 2 months’ imprisonment for failure to surrender without reasonable excuse (to run consecutively), totalling 4 years’ imprisonment. (Translated from Chinese to English by AI)
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