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 notes that from 11 November 2019, continuous rioting broke out on and around the PolyU campus. On the evening of 17 November, the police established a cordon and announced that anyone remaining after 10 pm would be arrested. The defendant was not a member of the university. On the afternoon of 17 November, he entered the campus carrying a tactical medical vest, saline solution, a gas mask and protective goggles, claiming to be a volunteer medic to assist the injured. He was later arrested along with 17 others in the early hours of 18 November as he exited via the Science Building’s designated exit. The police seized a large amount of medical and self-protection equipment. The prosecution alleges that he was in the core rioting area and supported the rioters by his actions, whereas the defence contends that his primary motives were academic work and providing medical aid.
Under Article 10 of the Public Order Ordinance, the offence of rioting carries a maximum penalty of ten years’ imprisonment; under Article 23 of the same Ordinance, unlicensed possession of a communication device is punishable by a fine or imprisonment.
The defendant carried extensive ‘heavy equipment’ comprising both medical supplies and items for self-protection, which went beyond mere observation or first aid; his claimed voluntary medical assistance and academic concerns are self-contradictory and insufficient to exclude his substantive support for the rioting, which has fostered the disturbance of public order.
The judge held that the defendant was not an innocent rescuer but a participant and supporter of the rioting. His explanations are inconsistent with his conduct at the scene, therefore his defence is difficult to accept and stern measures must be taken.
The defendant was found guilty of the first and third counts of rioting, as well as the tenth count of unlicensed possession of a communication device. The court will proceed separately to determine the sentence. (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 the defendant participated in riots within the campus of the Hong Kong Polytechnic University from 17 to 18 November 2019. At the time, the police had sealed off the campus. The defendant, claiming to pursue clinical internship opportunities, entered as a ‘voluntary medic’, carrying saline solution, gas masks, goggles, a first-aid vest and an unlicensed two-way radio, among other items, to assist injured persons on campus. The following morning he left with others and was arrested near the Science Building. At the opening of the trial, he admitted the offence of unlicensed possession of a radio communication device, and on 24 February 2023 he was convicted on two counts of rioting. The defence then submitted multiple letters of plea from his family, girlfriend and teachers, emphasising his good character, pure motives, lack of violent tendencies and his guilty plea and remorse.
For the first count of rioting, the starting point was two years’ imprisonment; for the third count of rioting, the starting point was four years’ imprisonment. The two sentences were ordered to run concurrently, with reference to the sentencing approach taken for co-defendants in the same case.
In view of the fact that the defendant only provided background support during the riots and did not plan or use weapons; the defence had admitted the facts and shown strong remorse, he had no previous convictions, and there was good social support and personal background factors. Therefore, each starting sentence was reduced by three months, and a further three months were deducted in light of his remorseful attitude and family support.
The judge considered that the defendant had been incited by the media and social platforms, confident that he could escape liability by virtue of his ‘voluntary medic’ status, and was misled by others into involvement; his conduct was otherwise exemplary, but he should bear the legal consequences. Even after an appropriate reduction, he must still serve the sentence to serve as a deterrent.
Ultimately, the defendant was sentenced to 21 months’ imprisonment for the first count of rioting and 45 months’ imprisonment for the third count of rioting, the sentences to be served concurrently, and, considering his remorse and background, a further three months were deducted, resulting in a total of 42 months’ imprisonment; additionally, for the offence of unlicensed possession of a radio communication device, he was fined HK$2,500. (Translated from Chinese to English by AI)
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