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 night of 18 November 2019, the nine defendants, together with others, set up roadblocks on Nathan Road between Waterloo Road and Hamilton Street in Yau Ma Tei, Kowloon, using petrol bombs, bricks and improvised objects, repeatedly throwing them at the police and firing laser beams at the scene, wantonly disrupting public order. The prosecution presented closed-circuit television and police video footage in court, and called over twenty witnesses to prove that the defendants were at the scene of the riot and participated in it. The court found all nine defendants guilty.
In accordance with Sections 18 and 19 of the Public Order Ordinance and the precedent set in R v Lo Kin-man, riots are participation-type offences requiring proof that the defendant knowingly assisted or encouraged acts that undermine public order. When sentencing, the judge weighs the degree of their involvement, the use of dangerous items, and the impact on public safety.
The defendants repeatedly threw petrol bombs at the front line of the riot and blocked roads, were equipped with protective and communication gear, and operated in an organised manner, seriously endangering the safety of police officers and social order. This meets the criteria for a severe sentence to serve as a deterrent.
The judge believes the prosecution’s evidence is detailed and beyond doubt. The riot lasted over half an hour and escalated intensely. The defendants were not mere onlookers; they actively participated and amplified the riot’s momentum. Their culpability is serious and they must be severely punished.
All defendants were found guilty of rioting. With the charges upheld, sentencing has been adjourned for later consideration, and, given the severity, a custodial sentence will be imposed. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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。
Judgment stated that on 18 November 2019, the ten defendants participated in a riot in the area of Nathan Road and Waterloo Road, Yau Ma Tei, Kowloon, in breach of section 19 of the Public Order Ordinance. On that day, the police had not received notification of a lawful assembly. Protesters formed ranks, used umbrellas and wooden boards to build makeshift fortifications, and continuously threw around 250 petrol bombs, gas canisters and bricks at the police, and shone laser beams. During the incident, the police fired tear gas to disperse the crowd, and approximately 38 minutes later a Special Tactical Squad launched an encirclement operation, ultimately arresting 213 people. Among them, defendant no. 6 pleaded guilty before trial, and the remaining nine were found guilty after trial.
With reference to the cases of Edward Leung Tin-kei, Yang Ka-lun and Tang Ho-yin, sentencing benchmarks are based on the degree of participation in the riot and the tools carried: a minimum of 5 years and 3 months for basic participants, and 5 years and 6 months for those carrying umbrellas or binoculars. Two months are deducted for a guilty plea and no trial. For those under 21 years of age, placement in a training centre should be considered.
This riot was premeditated and organised, with around 1,500 to 2,000 participants, posing a significant threat to public order, public safety and public resources. Although the defendants at the scene may not have personally used violence, they contributed to the show of force. Their level of participation must be assessed according to their positions and the equipment they carried.
Riot offences are serious and immediate imprisonment is necessary to reflect the punitive and deterrent objectives, to uphold the rule of law and social tranquillity, and to prevent similar violent incidents from recurring.
Defendant no. 6 was detained in a training centre. Of the remaining defendants, seven were sentenced to five years and one month’s imprisonment each, and two were sentenced to five years and four months’ imprisonment each, to be served concurrently. (Translated from Chinese to English by AI)
查看完整判刑理由書