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 assembled between Lung Cheung Road and Sha Tin Pass Road in Wong Tai Sin from approximately 16:15 to 16:55 on the afternoon of 1 October 2019. The protesters, dressed in black and wearing face masks and helmets, constructed roadblocks along the route and threw bricks and petrol bombs, confronting the police and being dispersed by tear gas and rubber bullets. The defendants were arrested one by one near the footbridge under the North-South Atrium.
Under section 19 of the Public Order Ordinance, the offence of rioting requires proof beyond reasonable doubt that the defendant participated in the unlawful assembly to promote riotous conduct; possession of an offensive weapon requires proof of intent to injure.
Defendants 1 to 10 were arrested at the core riot location, wearing black clothing and equipped with goggles, gas masks, gloves and other gear; in the absence of a reasonable explanation, their actions were inferred as participation in encouraging the riot. Defendant 11 appeared with emergency medical equipment and was seen as supporting the rioters; Defendant 12, lacking such equipment, was found not guilty due to reasonable doubt.
The court ruled that Defendants 1 to 11 at the scene were not merely present but were participants facilitating the riot; the weapons possession charges against Defendant 12 and Defendants 3 and 9 were dismissed for insufficient evidence of intent.
Eleven defendants were found guilty of rioting; one defendant was not guilty of the riot charge; and two defendants were acquitted of weapons possession charges. (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 judgement states that on the afternoon of 1 October 2019, from about 4:15 pm to 4:55 pm, a fierce protest broke out at the junction of Tung Tau Tsuen Road and Lung Cheung Road in Wong Tai Sin, Kowloon. Nearly a thousand black-clad protesters built roadblocks and hurled bricks and petrol bombs in confrontation with the police, during which the roads were paralysed and set alight. The police deployed tear gas and rubber bullets to disperse the crowd, with the Swift Dragon Squad assisting in the clearance. Eleven defendants were subdued near the roadblocks and were subsequently charged with rioting and convicted.
The maximum penalty for rioting is 10 years. Sentencing considerations include whether there was premeditation, the number of participants, the types of weapons and the degree of violence, the scale and duration of the riot, the effectiveness of warnings, any casualties or property damage, the impact on the public and community, the defendant’s role and level of participation, and the existence of any other offences.
In this case, although the riot was large in scale, it lasted only about 40 minutes, no one was seriously injured, and property damage was minor; the three defendants were only 16 to 18 years old at the time, were neither leading figures nor engaged in violent behaviour, had good backgrounds and no prior convictions, all expressed remorse and were willing to return to school. Therefore, detention in a training centre is appropriate, striking a balance between education and punishment.
The judge considers that an order for detention in a training centre can balance punishment with reform, is appropriate for the age and individual needs of the three defendants, and also takes public interest into account; treating the three defendants in the same manner is in accordance with legal principles and the principle of fairness.
In the end, the court ordered that the three defendants serve their sentences in a training centre. (Translated from Chinese to English by AI)
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