判決理由書／裁決書撮要(由AI生成)
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The judgment noted that, on 26 June 2019, the defendant, together with other demonstrators, blocked the entrances and exits and damaged the closed-circuit television at the Wan Chai Police Headquarters; later on Arsenal Street, the defendant delivered two punches and a kick to a police officer; thereafter, having been granted bail by the Magistrates’ Court, the defendant failed to surrender on the specified date, thereby committing the offences of rioting, assault occasioning actual bodily harm, and wilful failure to appear in court without reasonable excuse.
Referring to sections 18 and 19 of the Public Order Ordinance and the relevant provisions of the Offences against the Person Ordinance, and considering the nature of the offence, its consequences, the defendant’s attitude in pleading guilty, and the demands of public safety.
The defendant participated in a large-scale unlawful assembly that escalated into a riot and used violence to disrupt public order, precluding any self-defence argument; his failure to attend the hearing must be punished as a deterrent.
The defendant’s assault was not an act of self-defence, his evidence being self-contradictory; the prosecution’s application to adduce additional WhatsApp evidence was rejected on the grounds that its prejudicial effect outweighed its probative value.
The defendant was convicted of rioting and wilful failure to appear in court without reasonable excuse; the assault charge was reduced to common assault due to the minor nature of the injury; the convictions have been recorded and sentencing was adjourned pending a further hearing. (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 noted that, on 26 June 2019, after participating in a peaceful assembly organised by the Civil Human Rights Front at Chater Garden in Central, the defendant, along with a large crowd, proceeded to surround the Police Headquarters on Arsenal Street in Wan Chai, blocking the entrances, spraying paint to insult officers and throwing snowball tubes, eggs and other objects. During this time, an undercover police officer attempted to re-enter the station but was surrounded by protesters; the defendant punched and kicked the officer twice, who used an ice cream cone and a squeegee to defend himself before hastily retreating into the station. The defendant was later released on bail but failed to surrender as required, absconding for nearly a month, and was finally arrested and remanded on 17 December.
According to Section 19 of the Public Order Ordinance, the maximum sentence for riot is ten years’ imprisonment, and the District Court may impose up to seven years; reference is also made to the Court of Appeal’s twelve sentencing considerations for riot offences, including whether the riot was premeditated, the number of participants, the degree of violence, the impact on public order, and so on.
The court took into account that the protesters surrounding Police Headquarters caused serious disruption to public order in a sensitive location and posed an immediate threat to the rule of law; although the defendant’s actions were isolated and did not result in serious injury, they were provocative; the defendant’s lack of previous convictions was given weight in mitigation.
The court emphasised its determination to uphold the rule of law and maintain public peace, stating that the offence of riot must carry sufficient deterrent effect; it condemned the use of violence to undermine social order and warned young people against using force to express political demands.
The defendant was sentenced to immediate imprisonment of three years and ten months for riot; immediate imprisonment of five months for common assault, to be served concurrently with the riot sentence; and immediate imprisonment of two months for failure to surrender without reasonable excuse, to be served in instalments; resulting in a total immediate imprisonment term of four years. (Translated from Chinese to English by AI)
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