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 noted that the prosecution applied to consolidate the trials of three cases DCCC115/2021, DCCC112/2021 and DCCC114/2021 (first application), and applied to consolidate two cases DCCC113/2021 and DCCC116/2021 (second application); however, more than half of the 49 defendants objected. Due to the pandemic’s constraints on court resources and procedures, the parties disagreed on open hearings versus written proceedings.
Unless there are sufficient reasons and the court approves, the originally scheduled trial dates should not be cancelled or deferred, and reference may be made to the Practice Direction on Criminal Cases.
For the first application, the original scheduling and splitting arrangements were pragmatically devised based on the court’s existing resources, and absent any material changes, should not be altered; for the second application, the two cases have similar points of contention, and with the future addition of a new courtroom providing sufficient space, judicial resources can be optimised and judges’ and counsel’s manpower conserved.
Against the backdrop of the pandemic, interlocutory applications may be dealt with in writing to ensure all parties fully articulate their positions; if necessary, the court may request further clarification to balance procedural efficiency with defendants’ rights.
The court ultimately dismissed the application to consolidate cases 115/112/114, approved the consolidation of cases 113/116, and provisionally scheduled the combined trial for 40 days from 14 August 2023 to 9 October 2023. (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 stated that the 23 defendants participated on 29 September 2019 in Admiralty in an unauthorised “Global Anti-Totalitarian March”, which later escalated into a riot. The crowd erected roadblocks, burned display boards, started fires, threw petrol bombs and various hard objects at multiple locations including Hennessy Road, Queensway and Harcourt Road. They used umbrellas, flags and improvised gear as shields and shone laser beams at police officers. The disturbance lasted over two hours, involved more than a thousand people, seriously obstructed traffic and disrupted public order. Among the 23 defendants, 21 pleaded guilty and admitted the facts, while two maintained their innocence and were convicted after trial; another defendant was additionally charged with possession of an offensive weapon for holding two laser pointers.
According to section 19 of the Public Order Ordinance, the offence of rioting carries a maximum sentence of 10 years’ imprisonment and generally requires immediate custodial sentences. The sentencing guideline is approximately 51 months, subject to adjustment based on the level of individual participation and background circumstances.
Considerations include the scale of the riot, its duration, the level of violence, the threat to public order and safety, whether the defendant had premeditation and equipment, and any assaults on government buildings and law enforcement officers. The judge emphasised that motives or ideology are not mitigating factors; the sentence must reflect the law’s zero tolerance of violent destruction and serve as a deterrent.
The judge held that, regardless of any ideology, gathering violent crowds to challenge the rule of law and disrupt social harmony is entirely unjustifiable. Youth or lack of prior convictions do not exempt individuals from responsibility; they must face the consequences of their actions, with the hope that after serving their sentences they will deeply reflect and become responsible citizens.
In the end, the 21 defendants who pleaded guilty to rioting were sentenced to immediate imprisonment ranging from 28 to 46 months, with one of them receiving an additional 6-month term for possession of a laser pointer; the two defendants who maintained their innocence were convicted after trial and sentenced to 46 and 50 months’ imprisonment respectively, both to be served immediately. (Translated from Chinese to English by AI)
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