判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 18 November 2019, the nine defendants joined others at the protest site near the junction of Nathan Road and Waterloo Road in Yau Ma Tei to erect umbrella and wooden barricades, threw petrol bombs, gas canisters, bricks and other objects at the police cordon, and used laser beams to dazzle officers; after repeated warnings, the police fired tear gas and advanced their positions, and from around 23:22 began to arrest 213 people within the four cordoned-off areas, including the defendants, charging them with rioting.
Convicted of the offence of rioting under section 19 of the Public Order Ordinance, which carries a maximum sentence of ten years’ imprisonment.
The defendants’ conduct at the riot scene was serious, with repeated throwing of petrol bombs and miscellaneous objects posing a significant threat to public safety, resulting in multiple injuries and property damage; severe punishment is required to serve as a deterrent.
The judge considered that riots are highly volatile; the defendants were present at the scene wearing protective gear with the intention of promoting and assisting the riot; however, as none had prior convictions, appropriate discretion may be exercised in sentencing.
Defendants One, Two and Three were each sentenced to four years’ imprisonment; Defendants Four to Six to three years’ imprisonment; Defendants Seven to Nine to two years’ imprisonment; each was also ordered to pay legal costs. (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 on the evening of 18 November 2019, the defendants, together with others, obstructed Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon, erecting barricades with umbrellas and wooden boards. Ignoring multiple warnings, they threw about 250 petrol bombs, gas canisters and bricks, and fired laser beams at the police, causing chaos at the scene. The police subsequently closed the roads and Yau Ma Tei station, deployed about 240 officers and used tear gas to disperse the crowd. Approximately 38 minutes later, they launched a cordon-and-arrest operation, arresting 213 people, of whom 10 were charged with riot and convicted.
Under Section 19 of the Public Order Ordinance, riot carries a maximum of 10 years’ imprisonment. The court referred to cases such as “Yang Ka-lun”, “Tang Ho-yin” and “Leung Tin-chi”, emphasising the deterrent effect of immediate custody and consistency in sentencing, and set sentencing benchmarks based on the degree of participation and the equipment carried.
In determining the sentence, the court considered whether the riot was premeditated, the large number of participants, the use of 250 petrol bombs and other hard objects, the high degree of violence, the 38-minute duration, and the serious threat to public safety and property damage. Although the defendants did not act in a leadership capacity, they were on the front line, bolstering the momentum, and thus warranted severe punishment to uphold public order.
The judge considered that the riot was large in scale and highly organised, recklessly undermining the rule of law and posing a serious threat to public safety. He held that the offenders must receive heavy sentences and a strong deterrent message to demonstrate that violence will not be tolerated in disrupting public peace.
Of the 10 defendants, one, being under 21, was sentenced to detention at a young offenders’ institution; the remaining 7 were each sentenced to 5 years and 1 month’s imprisonment; the other 2 defendants, having enhanced their participation by carrying umbrellas and binoculars among other equipment, were each sentenced to 5 years and 4 months’ imprisonment, the terms to be served from the date of sentencing. (Translated from Chinese to English by AI)
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