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 states that on the evening of 18 November 2019, in the area of Waterloo Road and Hamilton Street in Yau Ma Tei, thousands of protesters erected an umbrella barricade, hurled petrol bombs and hard objects, and used laser beams to confront the police. At about 23:22, officers advanced north along Nathan Road, quickly laid four cordons, surrounded and successively subdued over two hundred people including the nine defendants. The defence failed to raise any rebuttal capable of undermining the prosecution’s evidence.
According to sections 19(1) and (2) of the Public Order Ordinance, the prosecution must prove beyond reasonable doubt that the defendant participated in a riot before a conviction can be obtained.
The defendant wore black clothing, carried protective equipment and protest tools, and acted in coordination with others at the peak time and location of the riot. The evidence shows an intention and actual facilitation of the disruption of public order, with no lawful explanation, constituting a serious offence.
The judge considered that the prosecution’s evidence was comprehensive and reliable, the on-site footage was consistent with the testimony, the cordon boundaries were clear and effective, and the defendants had failed to raise any reasonable doubt, all satisfying the elements of participation in a riot.
Each of the nine defendants was sentenced to five years’ 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。
The judgment states that on 18 November 2019, the ten defendants, together with others, took part in a planned riot in the Yau Ma Tei area of Kowloon. The rioters formed barricades using umbrellas and wooden boards and hurled approximately 250 petrol bombs, gas canisters and bricks at the police, while firing laser beams. The police faced a fierce standoff, resulting in the suspension of the MTR service, damage to public facilities and minor injuries to four officers.
The offence of riot carries a maximum sentence of 10 years’ imprisonment; sentencing follows the Court of Appeal’s twelve considerations for riot offences, including the degree of violence, number of participants, use of equipment and impact on public order.
In this case, over a thousand people took part in the riot, using petrol bombs and laser beams to attack, openly disrupting social peace; the defendants carried umbrellas, telescopes and other auxiliary equipment. The sentencing guideline range is five to five and a half years’ imprisonment, reduced by two months in each case.
The judge considered that the scale and severity of violence in this riot were extremely serious, posing a significant threat to the rule of law and public safety, and therefore called for a severe sentence with a strong deterrent effect.
One defendant was sentenced to serve his term in a training centre due to his age and guilty plea; the remaining defendants were grouped according to their level of involvement, seven of whom were each sentenced to five years and one month’s imprisonment, and two to five years and four months’ imprisonment, to be served immediately. (Translated from Chinese to English by AI)
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