判決理由書／裁決書撮要(由AI生成)
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The judgment states that on 18 November 2019, a large-scale riot broke out at the junction of Waterloo Road and Hamilton Street in Yau Ma Tei. Demonstrators gathered on the road and recklessly threw over 250 petrol bombs and used iron railings and bricks to obstruct traffic, resulting in MTR closures, road blockages and damage to shops. The police deployed tear gas, rubber bullets and beanbag rounds to disperse the crowd, arresting 213 people, of whom six defendants claimed they were merely passing by or observing. After a 20-day trial, the court found that their explanations were insufficient to overturn the circumstantial evidence and convicted all defendants of rioting.
The sentencing range was determined with reference to the 36 to 46 months’ sentences imposed on nine earlier guilty defendants, alongside the court’s sentencing guidelines, precedents from similar large-scale riot cases and the social impact.
The defendants all obscured their identities with dark clothing and masks, entrenched the riotous posture, disregarded police verbal and flag warnings, and aided and encouraged the throwing of petrol bombs and other serious acts of violence. Their conduct posed a significant threat to public safety and social order, warranting heavy sentences as a deterrent.
Riotous conduct not only posed a life-threatening danger to law enforcement officers but also instilled fear among innocent citizens. It must be met with severe punishment to convey a clear message in defence of the rule of law and to warn off potential rioters.
Having comprehensively considered the sentencing factors and referred to relevant precedents, each defendant was ultimately sentenced to between 36 and 46 months’ 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。
According to the judgment, on 18 November 2019, protesters, mobilised online, instigated a riot around Nathan Road and Hamilton Street in Yau Ma Tei, Kowloon. Large numbers of those dressed in black used umbrellas and iron barricades to block the roads, threw over 250 petrol bombs and miscellaneous objects at the police, and damaged public facilities. The police then launched an advancing and encirclement operation, fired tear gas to disperse the crowd, and arrested 213 people within the cordoned area, eight of whom pleaded guilty to rioting.
The maximum sentence for rioting is ten years’ imprisonment. Sentencing must take into account the scale and danger of the riot, the defendant’s role, the equipment and tools carried, conduct at the scene, the plea of guilt and mitigating circumstances, while also ensuring consistency in sentencing and maintaining social deterrence.
In this case, the protesters were organised in carrying gas masks and iron barricades and in manufacturing petrol bombs, causing serious disruption to public order. The judge determined the starting points of sentences and applied discretionary reductions based on whether each defendant had thrown petrol bombs on the front line, the weapons and equipment they carried, the timing of their guilty pleas, and the extent of their remorse.
The judge considered that the scale of the riots in the second half of 2019 was unprecedented, and that no political ideology may transgress the boundary of the law. The young protesters used wrongful means to express their demands, and must be severely punished to uphold the rule of law and maintain social tranquillity.
Ultimately, defendants D1 and D2 were each sentenced to 36 months’ imprisonment; defendant D7 was sentenced to 32 months’ imprisonment; defendants D10 and D11 were each sentenced to 36 months’ imprisonment; defendants D12 and D13 were each sentenced to 38 months’ imprisonment; and defendant D14 was sentenced to 45 months’ imprisonment. (Translated from Chinese to English by AI)
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