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。
The judgment states that the twelve defendants, on the afternoon of 1 October 2019 between approximately 16:15 and 16:55, at Lung Cheung Road in Wong Tai Sin, alongside a large number of protesters, built roadblocks and formed an “umbrella formation” to confront the police, and threw bricks, petrol bombs and other debris at the police force, repeatedly refusing verbal and flag warnings from the police. The police fired tear gas and rubber bullets to disperse the protesters. The defendant and the other eleven were subdued and arrested at that section of road. Additional evidence in the case showed that someone was carrying a hammer and a laser pointer, giving rise to a charge of possession of an offensive weapon in a public place.
The judge cited Sections 18 and 19 of the Public Order Ordinance and relevant Court of Final Appeal precedents. The offence of rioting requires proof that the defendant had the intention to participate in and further the riot. The prosecution standard is “beyond reasonable doubt”.
The judge held that, based on the time and place of the arrests and the defendants’ black clothing, gas masks, goggles, protective gear and other equipment, an irresistible inference can be drawn that the defendants were aware of the rioting nature and participated in an encouraging manner; those without such equipment have reasonable doubt regarding their participation in the riot; furthermore, the weapon charges relating to carrying a hammer and a laser pointer were not made out due to the lack of clear evidence of use or intent.
The judge emphasised that “mere presence is insufficient to constitute participation”, but the defendant at the riot scene provided encouragement through words, actions and equipment, bolstering the protesters’ morale and capacity to disrupt order, and thus had “participated” in the riot.
Eleven defendants were convicted of rioting, and the charge of possession of an offensive weapon did not succeed; another defendant was not convicted of rioting. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 the eleven defendants confronted the police at the junction of Lung Cheung Road and Sha Tin Pass Road in Wong Tai Sin, Kowloon, on the afternoon of 1 October 2019 from about 16:15 to 16:55. They erected barricades and threw bricks and petrol bombs, and the police fired tear gas and rubber bullets multiple times to disperse them. Ultimately, the defendants at that position were subdued. After trial, they were convicted of rioting and remanded for sentencing.
Reference is made to the sentencing principles prescribed by the Court of Final Appeal based on the nature of the offence of rioting, including twelve considerations: whether the riot was premeditated, the number of participants, the degree of violence, the presence of weapons, the duration and scope, the damage caused to property or persons, the extent of public disruption, and the defendants’ roles and degrees of participation, among others.
The riot in this case lasted approximately forty minutes. Although it involved erecting barricades and throwing miscellaneous objects, no one was injured and the property damage was minor; the defendants did not carry offensive weapons, did not play a leading role, and committed no other offences. Three of them were only sixteen to eighteen years old at the time, were first-time offenders, expressed remorse and had good backgrounds. The probation officer and the report from the training centre recommended that detention in a training centre would be appropriate.
The judge considered that, in view of the defendants’ youth, similar backgrounds and minor degree of participation, and given that a training centre could accommodate their educational and reformative needs, they should be given an opportunity to reform; taking into account the seriousness of the case, a probation order would not satisfy the public interest, and detention in a training centre was the most appropriate sentence.
This court orders that the defendants be detained in a training centre. (Translated from Chinese to English by AI)
查看完整判刑理由書