判決理由書／裁決書撮要(由AI生成)
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The judgment states that on 29 September 2019 the eight defendants participated in the unauthorised “Global Anti-Totalitarian March” around Admiralty Road. After multiple police warnings the demonstration escalated into a riot. Approximately 500 people, in three phases, blocked roads on Harcourt Road, the flyover and Cotton Tree Drive, formed umbrella barricades, threw petrol bombs and hard objects, and damaged public facilities and police vehicles, resulting in a traffic collapse in the central business district. The defendant pleaded guilty on the day of the pre-trial review, was convicted of riot and, following the report from the training centre, was sentenced.
The maximum penalty for riot is 10 years’ imprisonment. Sentencing must refer to the principles and twelve factors set out in cases such as those of Leung Tin-kei and Tang Ho-yin, including the number of rioters, degree of violence, scale, duration, extent of damage, roles of participants, etc.
In this case the riot was large in scale, with approximately 500 participants using umbrella barricades, roadblocks, petrol bombs and other means, posing a serious threat to public order and traffic. The defendant, then 16 years old, assisted at the front line in erecting umbrella barricades and confronted police with bricks; although he had no prior convictions, his role was facilitative. Taking into account his youth, his guilty plea and rehabilitation needs, and balancing the aims of deterrence and training, it was decided to apply detention at a training centre.
The judge considers that sentencing must balance the public interest in deterrence with the defendant’s rehabilitation needs. As the defendant is young and easily influenced by circumstances, he is suited to receive strict discipline and vocational training at a training centre, thereby achieving both punishment and reform.
The defendant was ultimately sentenced to detention at a training centre, where he will receive training in discipline, vocational skills and character development in lieu of immediate imprisonment, thus balancing punishment and rehabilitation. (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, since 29 September 2019, a large-scale riot broke out around Connaught Road, with approximately five hundred protesters using an umbrella formation, obstacles and petrol bombs to attack the Government Headquarters and the police, destroying barricades and paralysing traffic. They confronted officers multiple times and threw hard objects. Ultimately, they were dispersed by the police and eight defendants were arrested.
This bench refers to the sentencing principles in the Court of Appeal cases of Leung Tin-kei and Tang Ho-yin, and, taking into account factors such as the scale of the riot, number of participants, use of weapons and throwing behaviour, duration and resulting harm, sets the sentencing starting point at four to four and a half years’ imprisonment.
As this case involved a large-scale coordinated riot, the defendants were on the front line, using an umbrella formation, wooden boards and hammers to build defences, and participated in throwing petrol bombs and hard objects, posing a serious threat to public order and citizens’ safety; however, considering their lack of prior convictions, youth, influence by the social atmosphere, and early pleas of guilty, a plea discount and additional sentence reduction were granted at the bench’s discretion.
This bench considers that the offence of riot must be deterrent, helping to dissuade potential offenders, while also taking into account the defendants’ remorse and capacity for reform, balancing societal interests with individual welfare.
The court imposed immediate custodial sentences on seven defendants, with the specific sentences as follows: Defendants 1, 5 and 6 were each sentenced to 30 months and two weeks; Defendant 2 to 34 months and two weeks; Defendant 4 to 36 months; Defendant 7 to 32 months; Defendant 8 to 33 months and two weeks. (Translated from Chinese to English by AI)
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