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The judgment pointed out that on 1 October 2019, around 200 protesters in the Wang Tai Sin area of Lung Cheung Road blocked the road to build defensive lines, occupied traffic lanes and confronted the police. During the incident, some threw bricks, petrol bombs, vandalised public property and set motorcycles alight. The police issued multiple warnings and deployed tear gas and rubber bullets to disperse them. The five defendants were arrested at different locations, claiming they were merely observers or curious, but the court found that they wore protest gear, marched with others and resisted officers in the execution of their duties, thereby participating in a riot and resisting the execution of their duties.
The judge cited sections 18(3) and 19 of the Public Order Ordinance, under which the offence of riot can carry a maximum sentence of ten years’ imprisonment on conviction on indictment; and pursuant to section 63 of the Police Force Ordinance, resisting police officers in the execution of their duties is punishable by fine and imprisonment, with the specific term depending on the seriousness of the offence.
Considering that the defendants wore the same attire as protesters, carried protective equipment and possessed combustible or offensive implements, took part in collective confrontation on site and ignored multiple warnings, thereby seriously undermining public peace, the court deemed that a deterrent effect must be achieved and public order maintained.
The judge reiterated that freedom of assembly is protected under the Basic Law, but any violent or disorderly action that disturbs public peace will be severely sanctioned; the defendants’ conduct exceeded the scope of peaceful protest, met the statutory requirements for riot and must be held criminally accountable.
The five defendants were convicted of riot and of resisting police officers in the execution of their duties, facing up to ten years’ imprisonment for the riot charge and corresponding penalties for the resisting charges, with the precise terms to be determined at the sentencing hearing. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
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The judgment states that on October 1, 2019 at around 4pm, five defendants, without lawful permission for an assembly, together with nearly a thousand protesters, organised roadblocks and defensive lines along Lung Cheung Road in Wong Tai Sin, Kowloon. They threw bricks, umbrellas, petrol bombs and other objects at the police and public facilities, paralysing major roads and damaging property. Despite multiple warnings and orders to disperse, the defendants resisted the duties of police officers at the time of arrest by kicking and struggling. They were accordingly convicted of riot and of resisting police officers in the execution of their duty.
Riot convictions normally entail immediate custody, with no fixed guidelines; the principles are to uphold the rule of law and public order, to punish, and to send a deterrent message. Referring to relevant precedents, the starting point is set at about 54 months’ imprisonment.
In this case, the riot was large-scale, not spontaneous, and lasted over two hours; the protesters confronted police at multiple locations, used violence, set fires, and threw hard objects, seriously disrupting public order and the function of a transport hub. Personal motives and beliefs are not factors for sentence reduction; only the defendants’ health and first-offence status are considered on a discretionary basis.
The court also showed compassion for the defendants as young, first-time offenders, giving them an opportunity for rehabilitation; however, youth alone does not exempt them from custody. All are equal before the law and must bear the consequences of their actions and decisions. It is also hoped that the experience of serving their sentences will encourage remorse and reform.
I adopt 54 months’ imprisonment for the riot offence as the sentencing benchmark. Considering that the first defendant showed little obvious violence and has health difficulties, I reduce the sentence by three months to 51 months; the second and fourth defendants are respectively committed to a labour training centre and a reformatory; in addition to the main sentence of 54 months, the third and fifth defendants each receive an additional two months for resisting duty, to be served concurrently with the main sentence. (Translated from Chinese to English by AI)
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