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 on 29 September 2019 a large number of protesters outside the Government Headquarters in Admiralty turned into a riot, and Defendant 1 and Defendant 12 are alleged to have participated in an unlawful assembly and then disrupted public tranquility. The prosecution summoned multiple police officers to testify and submitted on-site video footage and written evidence, indicating that the two were dressed in black, carrying umbrellas, and wearing masks and gloves, lingering near footbridges, main roads, and police cordons, together with other protesters blocking roads, throwing petrol bombs, traffic cones, and debris, and attacking various positions of the Government Headquarters; Defendant 1 was arrested while running within the riot perimeter, and Defendant 12 was detained when subdued by officers.
According to Sections 18 and 19 of Chapter 245 of the Laws of Hong Kong, the offence of rioting carries a maximum penalty of ten years’ imprisonment;
The protesters’ actions were organised and violent, causing serious damage to public order and government facilities, and the defendants’ attire and conduct demonstrated their intent to participate in, encourage, and assist others in disturbing public tranquility;
Defendant 1’s defence was contradictory and not credible, and Defendant 12’s absence from testimony left no rebuttal evidence; both deliberately remained within the core area of the riot, and their conduct and the equipment they carried conclusively demonstrate their intent and actual role in participating in the riot.
Both defendants were found guilty of rioting, with sentencing adjourned to the next court date. (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 pointed out that the twelve defendants participated in a riot outside the Government Headquarters in Admiralty, Hong Kong on 29 September 2019. On that day, approximately 500 protesters blocked Harcourt Road and Queensway using metal boxes and traffic cones as obstacles, forming an umbrella shield to hurl petrol bombs, bricks and other hard objects at the Government Headquarters. They even used large elastic bands to launch projectiles and shone laser beams, while setting fires and damaging the protective water-filled barriers. The police issued multiple warnings and deployed tear gas and water cannon to no avail, and at about 16:48 charged out of the Government Headquarters to arrest the rioters. Some of the defendants pleaded guilty at the pre-trial review or on the first day of trial, and two were convicted following a trial.
The baseline sentence for each defendant was set at five years and four months’ imprisonment, with reference to the sentencing principles applied by the Court of Appeal in similar riot cases, such as the Yang Jialun case, the Tang Ho Yin case and the Leung Tin‐kei case.
Given that the riot involved around 500 participants who used petrol bombs and hard objects, set fires and carried out organised attacks on facilities aimed at the heart of government operations, and that they were equipped with umbrellas, walkie-talkies, gloves, hiking poles and other gear – not merely passive observers – and considering the high level of violence and social harm, an immediate custodial sentence with strong deterrent and punitive effect was required.
The defendants were not passive observers merely swelling the ranks but actively participated in destruction using various protective and offensive equipment, and lacked any substantial mitigating factors; therefore, they were handed down severe sentences to uphold the rule of law, maintain social order and achieve deterrence.
The first defendant was imprisoned for 5 years and 3 months; the second, fifth, sixth and ninth defendants were each imprisoned for 4 years; the third, fourth, seventh and tenth defendants were each imprisoned for 50 months; the eighth defendant was imprisoned for 51 months; the eleventh defendant was imprisoned for 4 years; and the twelfth defendant was imprisoned for 5 years and 2 months. (Translated from Chinese to English by AI)
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