判決理由書／裁決書撮要(由AI生成)
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According to the judgment, on the afternoon of 1 October 2019, a public holiday for the National Day of the People’s Republic of China, a peaceful assembly in the Lung Cheung Road area of Wong Tai Sin, Kowloon escalated into a large-scale confrontation. Protesters erected roadblocks on the eastbound and westbound carriageways using umbrellas, plastic barriers and other debris, obstructed traffic, and threw bricks, petrol bombs and other objects at police officers. Despite multiple warnings and the use of tear gas to disperse them, they repeatedly confronted the police. Officers deployed rubber bullets and tear gas in stages and conducted a rapid advance to make arrests. The five defendants were subdued at different locations and were charged with riot and resisting the execution of duty.
Under Section 19 of the Public Order Ordinance (Cap. 245) of Hong Kong law, any person who participates in a riot and is convicted after prosecution may be liable to a maximum of ten years’ imprisonment; under Section 63 of the Police Force Ordinance (Cap. 232), resisting the execution of duty may be punishable by a fine and imprisonment.
In view of the fact that the defendants at the chaotic scene wore attire and protective equipment similar to that of protesters, knowingly remained on site during riotous conditions, collaborated with others in disorderly conduct and resisted arrest, thereby seriously undermining public order, a severe sentence is necessary to uphold the rule of law and prevent similar incidents from recurring.
The judge considered that riot and resisting law enforcement are participatory offences, and that a comprehensive assessment of objective facts – such as the defendants’ clothing, equipment, location at the scene, manner of conduct and degree of resistance – is required to infer their subjective intent and reach a verdict beyond reasonable doubt, emphasising that sentencing must balance punishment, deterrence and preventative effects.
The court found all five defendants guilty of riot and resisting the execution of duty, and adjourned the case to a later date for a sentencing hearing to determine the specific terms of imprisonment. (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 the afternoon of 1 October 2019, the five defendants participated in a riot involving over a thousand people around Lung Cheung Road in Wong Tai Sin, Kowloon. The protesters used umbrellas, wooden planks and plastic water-filled barriers to set up roadblocks, obstructing thoroughfares, and threw bricks, petrol bombs and other debris at the police, paralysing traffic and disrupting community order. The police issued verbal appeals and warnings multiple times and used tear gas and rubber bullets to disperse the crowd to no avail, before arresting protesters at various locations. Knowing that the other party were police officers performing their duties, the defendants either resisted physically or encouraged others to resist, and were accordingly convicted of rioting and resisting a public officer.
The primary penalty in this case is immediate imprisonment, taking past riot cases as reference, establishing 54 months’ imprisonment as the baseline, and then making appropriate adjustments based on the defendants’ level of participation and personal circumstances.
Sentencing must reflect a determination to uphold the rule of law and public order, with the aim of punishment and deterrence; the defendants participated in the riot using violence and by virtue of large numbers, prolonging and exacerbating the chaos, and personal motives do not constitute mitigating factors; social harmony and public safety were seriously undermined and must be met with a severe response.
The court sympathises with the young first-time offenders’ backgrounds and their future prospects for rehabilitation; however, in view of the seriousness of the offences, imprisonment was unavoidable; it is hoped that the defendants will learn from this lesson and reform, not wasting their youth.
The first defendant was imprisoned for 51 months; the second defendant was given a labour training centre order; the third defendant was imprisoned for 54 months; the fourth defendant was given a training centre order; the fifth defendant was imprisoned for 54 months, and an additional two months were added for resisting a public officer, to be served concurrently with the main sentence. (Translated from Chinese to English by AI)
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