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。
According to the judgment, on the evening of 18 November 2019, nine defendants took part in a riot around the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon. Together with others, they blocked roads, formed barricades and threw petrol bombs and bricks, disrupting public order. From the afternoon the police had closed roads, and by about 23:22 multiple riot response units and special tactical squads advanced along Nathan Road, firing tear gas and establishing four cordons labelled A, B, C and D, gradually subduing and escorting a total of 213 suspects, including the nine defendants, to a provisional holding area. The prosecution relied on CCTV footage, livestreams and the testimony of twenty-two police officers to confirm that the defendants were intercepted and subdued during the advance; the defence offered only one witness to explain the discovery of an armband, and the nine defendants made no defence. The court, without doubt, convicted them of rioting.
Under section 19 of the Public Order Ordinance for the offence of rioting, the sentencing took into account the defendants’ level of involvement, use of violence or weapons, and impact on public safety, with reference to the sentencing principles set out by the Court of Final Appeal in the Law Kin-man case, balancing punishment and deterrence.
The defendants were dressed in protest gear and, at the scene for over half an hour, threw petrol bombs and other objects to confront the police, offering no valid explanation. Their actions clearly advanced the riot and warrant severe punishment to safeguard social order.
The court considered that this riot was highly mobile and organised, posing a grave threat to public safety. The defendants did not act on impulse but participated in a premeditated manner. They should receive strict penalties to deter lawbreakers and uphold the rule of law.
The court convicted the nine defendants of rioting and adjourned sentencing to 18 March 2023. (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。
The judgment stated that on 18 November 2019, the ten defendants in this case, together with about 1,500 to 2,000 others, assembled and blocked roads around Nathan Road in Yau Ma Tei, constructing barricades of umbrellas and wooden boards, and on multiple occasions threw approximately 250 petrol bombs, gas canisters and bricks at the police, and shone laser beams at law enforcement officers. The police fired tear gas and issued repeated warnings but failed to disperse the rioters. The incident lasted about 38 minutes and was eventually quelled by the riot control unit, which arrested 213 people, including the ten defendants in this case.
The maximum penalty for the offence of rioting is ten years’ imprisonment. In view of the scale of the riot in this case and the level of the defendants’ participation, the sentencing benchmark is set at five years and three to six months, with a two-month reduction for guilty pleas that conserve court resources; defendants under the age of 21 are subject to detention at a juvenile training centre.
The riot in this case was premeditated and highly organised, with over a thousand participants, hundreds of petrol bombs thrown and various other offensive weapons used, posing a serious threat to public safety and order. Immediate imprisonment is necessary to punish and provide sufficient deterrence; the defendants only took part on the front line, did not lead the riot and did not engage in individual acts of violence, so a slight downward adjustment was made from the benchmark sentence.
The court considers that the riot undermines the rule of law and social tranquillity, and must be severely punished as a deterrent to uphold public order.
One defendant, aged only 19, was committed to a juvenile training centre pursuant to a juvenile training centre report. The other seven defendants with the lowest level of participation were each sentenced to five years and one month’s imprisonment; the two defendants with slightly higher levels of involvement were each sentenced to five years and four months’ imprisonment. (Translated from Chinese to English by AI)
查看完整判刑理由書