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 11 August 2019, the defendant assembled with others in the vicinity of Nathan Road and Kimberley Road in Tsim Sha Tsui, Kowloon, Hong Kong. They subsequently disrupted public order by throwing bricks and petrol bombs, projecting laser beams at a police station, erecting an umbrella barricade and obstructing roads. The police repeatedly warned them via loudspeakers and warning flags and deployed tear gas to disperse them. However, the defendants neither left the scene nor dispersed; during the officers’ phased advance to disperse the crowd, they were dressed in black and wearing gas masks and other equipment, and were intercepted and arrested by officers at different locations on site.
Under sections 18(1) and 19(1) and (2) of the Public Order Ordinance, the offence of participating in a riot carries a maximum sentence of ten years’ imprisonment.
The defendant wore black clothing and carried various protective and offensive gear. Fully aware that the incident constituted a riot, he chose to remain and, through his actions and equipment, encouraged others to disturb public order. The scale and duration of the disturbance were significantly destructive, underscoring the seriousness of the offence.
The judge found that the defendant had manifested his intent to participate through his attire and actions, and that by supporting and instigating the unrest he had intensified the riot’s momentum. This constituted an unlawful assembly for riot, and the charge was upheld.
Defendants 1 to 5 and 7 to 10 were convicted of rioting, with sentencing to be determined; Defendant 6 was acquitted and released. (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 11 August 2019, the nine defendants unlawfully assembled with others in excess of three persons on Nathan Road and the adjoining Pak Lai Avenue between Austin Road and Carnarvon Road in Tsim Sha Tsui, Kowloon, occupied traffic lanes, obstructed the exit of a police station, shone laser beams at officers, threw back tear gas canisters, hurled bricks and at least two petrol bombs, thereby disturbing public tranquillity. They were found to have committed an unlawful assembly under section 18(1) of the Public Order Ordinance which, due to the violent nature of their conduct, was elevated to the offence of riot under section 19(1). The court inferred from the surrounding circumstances that each defendant participated in and encouraged the intention to cause damage, thereby jointly committing the offence of riot.
The maximum penalty for riot is ten years’ imprisonment. The court referred to the sentencing principles set out by the Court of Appeal in Tang Ho Yin and others, including whether the riot was premeditated, the number of participants, use of weapons and level of violence, scale and duration, the threat posed to public officers and the public, the damage caused, and the role and degree of participation of the defendant.
There is no evidence in this case that the defendants directly used violence; however, they were dressed in black attire and equipment, attended the scene in advance, and intended to participate in and incite the disturbance of public peace. In mitigation, the court considered their youth, lack of previous convictions, and active academic and community service backgrounds. Nonetheless, as the riot was targeted at a police station and involved the use of petrol bombs, the level of violence cannot be underestimated. The sentencing starting point was set at three years and nine months’ imprisonment, with individual defendants receiving reductions of three to six months’ imprisonment on account of mitigation.
The judge considered that immediate imprisonment was the only appropriate disposal, balancing punishment and effective deterrence, while taking into account the defendants’ ages, backgrounds, and the threat the riot posed to public tranquillity.
Following trial, all nine defendants were convicted of the offence of riot and sentenced to imprisonment ranging from three years and six months to three years and nine months. Of these, five defendants received a three-month reduction, two defendants received a six-month reduction due to age and other factors, and the remaining defendants remained at the starting sentence. All were required to commence their sentences immediately. (Translated from Chinese to English by AI)
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