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 points out that the present case involves five 2021 Regional Court criminal cases. The prosecution successively made two applications to consolidate trials: the first proposed to consolidate 115/2021, 112/2021 and 114/2021; the second proposed to consolidate 113/2021 and 116/2021. The in-person hearing originally scheduled for April 2022 was cancelled due to the pandemic, and the prosecution proposed to handle it in writing, but three of the 49 defendants objected to written proceedings. The majority of defendants favoured an open hearing and maintaining the originally scheduled separate dates, arguing that consolidation would increase the duration, complexity, legal costs and pandemic-related risks.
According to the Practice Direction on Criminal Cases in the Court of First Instance and section 10 of the Hong Kong Bill of Rights, the scheduled trial dates marked as progress indicators must not be cancelled or postponed arbitrarily unless there are sufficient reasons and court approval.
Considering the limited court venue resources and that the original schedule was the result of practical discussions on separate arrangements, the first application lacks a compelling reason for material change, and in-person hearings are difficult to ensure safely in a pandemic; the second application involves similar disputes over video evidence, so resources at West Kowloon and the planned large Wan Chai court facilities can be effectively utilised, and there is over a year of adequate preparation time before the hearing dates.
As to the first application, no necessity for changing the separate arrangements is seen, hence it is dismissed; as to the second application, balancing the efficiency of judicial resources and the defendants’ right to a fair trial, it is considered appropriate and therefore granted.
The court ultimately dismissed the first consolidation application and granted the second, tentatively scheduling the consolidated trial for cases 113/2021 and 116/2021 from 14 August to 9 October 2023, with an estimated duration of 40 days; it ordered both prosecution and defence to contact the listing officer within 28 days and to arrange a pre-trial review about two months before the hearing, and if an extension of the trial period is required, the listing officer must be notified as early as possible. (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 29 September 2019, 23 defendants took part in an unauthorised assembly on the main thoroughfare in Admiralty and outside the government headquarters, erecting roadblocks, setting fires, throwing petrol bombs and various hard objects, engaging in a prolonged confrontation with the police and thereby committing the offence of rioting. One defendant was found at the scene in possession of two laser beam devices. Twenty-one defendants pleaded guilty, while two denied the charges. After considering the scale and duration of the incident, its impact on society, and the defendants’ equipment and conduct, it was decided to impose immediate custodial sentences.
The maximum sentence for rioting is 10 years’ imprisonment. The court established a sentencing benchmark of 51 months’ imprisonment based on the extent of participation in the riot, its duration, the level of violence and the disruption to public order; for those also found in possession of offensive weapons, an additional six months was applied, resulting in a maximum combined term of 54 months.
Sentencing must balance the maintenance of public order with its deterrent effect, emphasising that, regardless of motive, the use of violence to disrupt social tranquillity cannot be condoned. The defendants were largely well prepared, jointly planned and actively participated, causing significant disturbance to public and private property. A guilty plea may warrant a sentence reduction, but where it was not entered promptly the discount is smaller, and most mitigating arguments were not accepted.
The judge considered that many of the young, first-time offenders showed remorse and had good backgrounds, but given the serious nature of the offences, severe sentences are necessary to demonstrate the rule of law, while also encouraging the defendants to reflect and expressing the hope that they can return to the right path after serving their sentences.
The court, taking into account the timing of each defendant’s guilty plea, their level of participation and personal background, reduced the sentencing benchmark of 51 to 54 months to between 32 and 50 months as appropriate, and imposed immediate custodial sentences. (Translated from Chinese to English by AI)
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