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The judgment states that on the evening of 18 November 2019, the nine defendants, together with others, erected defensive barricades on Nathan Road between the intersections with Waterloo Road and Hamilton Street in Yau Ma Tei, Kowloon using umbrellas, wooden planks and the like, and threw petrol bombs, bricks, portable gas canisters and laser beams, thereby disturbing public order and confronting the police. After the police fired tear gas and rubber bullets to disperse the crowd, they advanced northwards at around 23:22, secured the area and subsequently established four cordons. A total of 213 suspects were subdued, nine of whom were arrested within the cordoned area and charged with rioting.
According to Sections 18(1) and 19(1) of the Public Order Ordinance, the offence of rioting is participatory in nature, requiring proof that the defendant intended to participate in an unlawful assembly and employed violence or facilitated, assisted or encouraged others to disrupt public order.
The defendant was present at the scene of the riot and, fully aware that protesters were using dangerous weapons to interfere with official duties, nonetheless remained on site and wore black clothing, masks and other concealment gear to evade identification. Such conduct seriously endangered public order and the safety of citizens and deserves condemnation and punishment.
The court held that the protests in this case were highly mobile and extremely violent, resulting in the destruction of public property and endangering the safety of citizens. Although the defendant had no previous convictions, their clear participation in and encouragement of the riot caused lasting harm to public peace, and an appropriate sentence is therefore required to serve as a deterrent.
The nine defendants were found guilty of rioting. Sentencing was adjourned pending the preparation of social service reports and the hearing of sentencing submissions. (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, formed a barricade with umbrellas, wooden boards, and other objects on Nathan Road at the junction with Waterloo Road in Yau Ma Tei. They threw about 250 petrol bombs, LPG canisters, bricks and fired laser beams at the police, blocked the roads and confronted about 200 officers for approximately 38 minutes, until the riot squad encircled and arrested 213 people, ultimately detaining the ten defendants.
The maximum sentence for the offence of rioting is ten years’ imprisonment. Referring to the sentencing principles in cases such as Leung Tin-kei, Yeung Ka-lun and Tang Ho Yin, the baseline sentences are: 5 years and 3 months for those with the lowest level of participation, and 5 years and 6 months for those with a slightly higher level of participation. Two months are deducted for a guilty plea and for saving court resources; offenders under 21 will be dealt with under the Training Centre Regulations.
The riot involved between 1,500 and 2,000 people, was premeditated and organised, and involved the throwing of large numbers of incendiary devices and hard objects at the police, posing a serious threat to public order and community safety. Although the defendants did not personally commit acts of violence or destroy evidence, they were on the front line, bolstering the momentum, and immediate imprisonment is required for punishment and general deterrence. No reduction is made on account of lack of previous convictions or letters of mitigation.
The court emphasised the need to uphold the rule of law and public order, and that rioting must be met with punitive and deterrent sentences, so as to send a clear signal to society, uphold legal discipline and serve as a warning to others.
Defendant 6, aged 19, is deemed suitable to serve his sentence in a training centre; the other defendants numbered 1, 3, 7, 9, 11, 13 and 20 were each sentenced to 5 years and 1 month’s imprisonment; defendants 14 and 18 were each sentenced to 5 years and 4 months’ imprisonment. (Translated from Chinese to English by AI)
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