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 indicates that the Hong Kong Special Administrative Region, in relation to five cases numbered DCCC 115, 112, 114, 113 and 116/2021 concerning rioting, dealt with offences of rioting, assaulting a police officer and possession of offensive weapons. Each case was originally scheduled for separate hearings. In response to adjustments in court venues and resources, the prosecution applied to consolidate cases 115, 112 and 114 for trial (first application), and to consolidate cases 113 and 116 for trial (second application). However, several defendants in these cases opposed the use of written proceedings and the consolidation arrangements. The court must decide whether to proceed in writing and to approve the consolidation applications.
According to section 10 of the Hong Kong Bill of Rights Ordinance and established precedents, non-trial procedures may be conducted in writing; however, any modification to critical hearing dates or schedules must be supported by sufficient reasons and approved by the court.
In the first application, it was proposed to try the 26 defendants together within the original schedule at a new venue or at the West Kowloon Large Court, but the existing venues and reserved time slots could not accommodate this; the original schedule was practical and reasonable, and resources were insufficient to make changes. The second application sought to consolidate the 23 defendants, with disputes primarily concerning the prosecution’s video evidence; the issues are similar in nature, and it is proposed to hear the case between June and October 2023 at the New Wan Chai or West Kowloon Large Court, as resources and timeframes are ample and the defendants’ rights will not be affected.
The court considered that, given the risks of in-person hearings and venue constraints amid the pandemic, procedures should be conducted in writing; where cases have already been carefully separated and scheduled, there is no sufficient reason to revoke these arrangements; for cases with homogeneous issues and where judicial resources can be better utilised, consolidation may reduce manpower needs and court burdens.
For the above reasons, this bench dismisses the prosecution’s first consolidation application and grants the second consolidation application, and provisionally sets the hearing for the consolidated DCCC 113/2021 and DCCC 116/2021 from 14 August to 9 October 2023, with an estimated duration of 40 days. The parties should liaise with the scheduling officer as soon as possible to arrange a pre-hearing review. (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 2019年9月29日, an unauthorised “Global Anti-Totalitarian March” set off from Sogo Department Store, with over a thousand participants advancing along Hennessy Road and Queensway. In three phases, riots broke out at Harcourt Road, outside the Government Headquarters and around Pacific Place. Protesters dismantled and burned road signs, blocked roads, set fires, and attacked police officers with umbrellas, improvised weapons, petrol bombs and laser beams; the police repeatedly issued warnings via loudspeaker and deployed tear gas, water cannons and blue-dyed water to disperse them, ultimately regaining control of the scene at around 5pm and arresting twenty-three defendants.
The maximum penalty for rioting is ten years’ imprisonment, and immediate custodial sentences are generally applied. The court, taking into account the scale and duration of the riot in this case and its impact on public order, established a baseline sentence of fifty-one months’ imprisonment.
Considerations include whether the defendants were prepared (carrying umbrellas, gas masks, etc.), their level of participation, whether they used or possessed offensive weapons, whether the acts were premeditated, and the extent of disruption to public order; the primary objectives are maintaining social tranquillity and deterrence, excluding any noble personal motives or ideological beliefs as factors for sentence reduction.
Although most of the defendants are young, first-time offenders and have pleaded guilty, no one should be excused for using violence to undermine public order; violence is not the solution. The court hopes the defendants will deeply reflect and in future become law-abiding citizens who contribute to their families and society.
Ultimately, the court adopted fifty-one months’ imprisonment as the baseline and, taking into account the timing of each defendant’s plea and individual circumstances, granted sentence reductions ranging from twenty to thirty-three percent, ordering each defendant to serve thirty-two to forty-six months of imprisonment, all sentences to be served immediately. (Translated from Chinese to English by AI)
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