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The judgment notes that on the evening of 18 November 2019, in the area around the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon, the nine defendants, together with others, assembled and continuously threw petrol bombs, bricks, laser beams, etc., used improvised umbrella formations and wooden barricades to obstruct traffic. After repeated police warnings went unheeded, the East Kowloon Emergency Unit and the Special Tactical Squad advanced northwards, quickly establishing four cordon lines to stop the defendants and escorted them in groups to a temporary holding area. During the trial, the prosecution presented CCTV footage, live broadcast recordings from the scene, and testimony from over twenty police officers. Except for one defence witness, none of the defendants appeared to give evidence or offered any substantive defence.
With reference to Articles 18 and 19 of the Public Order Ordinance and the Court of Final Appeal’s judgments on riot offences, using serious acts of violence such as the reckless throwing of incendiary devices as the basis for sentencing, the maximum is ten years’ imprisonment.
The defendants repeatedly threw petrol bombs and other dangerous weapons, disrupted public order, and were involved for a prolonged period on a large scale with fierce means, necessitating both punitive and deterrent effects; moreover, the defendants offered no reasonable defence and failed to deny their active participation in or facilitation of the riot.
The nature of a riot is highly fluid and requires an assessment of each defendant’s level of participation based on their conduct, location at the scene, and equipment carried. Each defendant was in the core area of the riot wearing common protest attire such as black clothing and backpacks, indicating an intention to be part of the riot, lacking any lawful justification.
All defendants were found guilty of rioting; the court ordered immediate 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 stated that on 18 November 2019 the ten defendants blocked Nathan Road in Yau Ma Tei to erect roadblocks, hurling petrol bombs, bricks and lasers at the police. The incident lasted about 38 minutes, causing traffic to halt and leaving four officers with minor injuries. The police eventually fired tear gas and made arrests. The ten were convicted of rioting.
With reference to the Court of Appeal cases of Leung Tin-kei, Yeung Ka-lun and Tang Ho Yin, the maximum penalty for rioting is ten years’ imprisonment, with a sentencing range of five to five and a half years as the benchmark.
In consideration of the large scale of the riot, the elaborate planning, the high degree of violence and the significant social impact, immediate imprisonment is necessary with a deterrent effect; the lack of prior convictions and the guilty plea do not constitute valid mitigating factors.
The rioters showed contempt for the rule of law and caused serious disruption to public order; a heavy sentence is required to serve as a warning to others.
Defendant One, being aged between 16 and 21, was detained in a training centre; the other seven defendants were each imprisoned for five years and one month, and the remaining two, due to their slightly higher level of involvement, were imprisoned for five years and four months respectively. (Translated from Chinese to English by AI)
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