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 the defendant was not a student at Hong Kong Polytechnic University. From the afternoon of 17 November 2019, he entered the campus with others. After the police established a cordon and called for evacuation at 7pm that evening, the defendant remained on site until the following morning and was arrested inside the Science Building on the morning of 18 November. At the time of his arrest, he was carrying first-aid supplies, a helmet, a gas mask, a walkie-talkie and other equipment. Although he claimed to be a volunteer medic assisting only the injured, the court found that his actions and the equipment he carried in fact supported and participated in the riot.
Under section 63 of the Public Order Ordinance, the offence of riot carries a maximum penalty of 10 years’ imprisonment; and under the Telecommunications Ordinance, unlawful possession of radio communication equipment may be punished by a fine and imprisonment.
In addition to admitting unlawful possession of communication devices, the defendant actively remained on site during the riot and provided support equipment, thereby exacerbating the riotous atmosphere. His conduct was serious and merits severe punishment.
The judge concluded that the defendant was not merely a bystander. The defence’s account of providing voluntary medical assistance was inconsistent and failed to refute any intent to support the riot; hence the verdict was upheld.
On 24 February 2023, the defendant was convicted in the District Court of riot and unlawful possession of unlicensed communication devices. Sentencing is pending. (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, between 17 and 18 November 2019, the defendant, claiming to be a volunteer first aider, entered the campus with saline solution, a gas mask, goggles, a first aid vest, and a walkie-talkie, alleging that he was supporting occupiers and the injured inside the Hong Kong Polytechnic University. The defendant was not university staff but was then studying a nursing course. The next morning at around eight o’clock, after leaving the campus with others, he was arrested near the Science Building. At the start of the trial, the defendant pleaded guilty to possessing unlicensed radio communication equipment; after a hearing, he was also convicted of two counts of rioting. Sentencing was adjourned for mitigation and penalty determination.
For the first count of rioting: a starting point of 2 years (24 months); for the third count relating to the Polytechnic University riot: a starting point of 4 years (48 months), to run concurrently; for possession of unlicensed radio communication equipment: a fine of HK$2,500.
Although the defendant displayed no violent or inciting behaviour, he entered the scene of the riot, thereby bolstering its momentum, was misled by the instigators by claiming to be a volunteer first aider, and fled with the crowd to evade arrest, posing a risk to public order; however, his good character, lack of prior convictions, genuine remorse and the support of family and friends, together with the defence’s admission of the facts, warranted a discretionary reduction in sentence.
The judge held that, regardless of whether he was an official first responder, the defendant must be held criminally responsible for his actions; though he deceived himself and overlooked the legal consequences, his remorse was sincere and he had the opportunity for reform, so the baseline sentence was further reduced by three months.
The defendant was ultimately sentenced to 42 months’ imprisonment and fined HK$2,500 for the offence of possessing unlicensed radio communication equipment. (Translated from Chinese to English by AI)
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