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 on 29 September 2019, protesters outside the Hong Kong Government Headquarters in Admiralty rioted. The first and second defendants, acting with others, obstructed roads, formed ‘umbrella formations’, set fire to and threw petrol bombs, knocked over water-filled barriers, projected laser beams and damaged roadblocks around Harcourt Road and Tim Mei Avenue; the police repeatedly used warning flags, broadcasts, tear gas and water cannon to disperse them. At about 16:48, officers charged out from various entrances of the headquarters to disperse the crowd and arrest the two defendants. The first defendant denied participating in the riot, claiming he had entered the scene by mistake; the second defendant did not attend court nor call any witnesses. Based on written and oral testimony from numerous witnesses and video footage showing that both defendants knew the riot was ongoing and still assisted or facilitated public disorder using black clothing, masks, umbrellas and gloves, the court found them guilty.
Under Section 19 of Chapter 245 of the Public Order Ordinance, the maximum penalty for riot is ten years’ imprisonment. Sentencing must take into account the defendants’ roles, motives, the nature of their conduct and the social harm caused.
Both defendants were at the core of the riot, knowingly and deliberately joining coordinated actions with other rioters using black clothing, masks and umbrellas, thereby facilitating attacks on government facilities and obstructing traffic, seriously undermining public order. They must be severely punished to serve as a deterrent.
The defendants’ behaviour was premeditated. Their attire and equipment were no different from those of protesters in similar cases, demonstrating their political stance and collusion. Given their high level of participation, they should receive severe sentences, reaffirming that the rule of law must not be breached.
The two defendants were sentenced to imprisonment: Defendant One to 30 months and Defendant Two to 24 months, both terms to be served immediately. (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 on 29 September 2019 the organiser commenced the Global March Against Totalitarianism from the SOGO Department Store in Causeway Bay without applying for a police no-objection letter. Protesters marched along Hennessy Road and Queensway towards the area outside the Government Headquarters. They ignored multiple warnings from the police via broadcast, warning flags, tear gas and water cannon, and gathered on Harcourt Road carriageway and footbridge outside the Government Headquarters. They set up roadblocks, umbrella barricades and obstacles, and attacked the Government Headquarters and its defences with petrol bombs, bricks, stones and improvised launchers, even setting water-filled barriers on fire, causing complete traffic paralysis and public panic. The riot lasted for about twenty-six minutes. At approximately 16:48 the police rushed out from the Government Headquarters to disperse the crowd and arrested those present. Defendants Two to Eleven pleaded guilty during pre-trial review or on the first day of trial and admitted the facts, while Defendant One and Defendant Twelve were convicted of riot after trial. None of the twelve defendants had any prior criminal convictions. During the mitigation stage, numerous letters of support were submitted by family members, teachers and community figures, stating that they were of good character and had only minor involvement.
This court adopts a custodial sentence of five years and four months as the sentencing benchmark.
Approximately 500 people participated in the riot, publicly throwing petrol bombs, bricks, giant rubber bands and other hard objects, setting up umbrella barricades and obstacles, and repeatedly ignoring multiple warnings. They severely disrupted public order and the rule of law outside the Government Headquarters and posed an immediate and serious threat to social peace. The court must impose a punitive and deterrent sentence.
The riot openly challenged the core of government operations and the safety of law enforcement personnel. The court must impose a heavy sentence to serve as a warning, uphold public order and prevent similar incidents from recurring.
Defendant One was sentenced to five years and three months’ imprisonment; Defendants Two, Five, Six and Nine were each sentenced to four years’ imprisonment; Defendants Three, Four, Seven and Ten were each sentenced to fifty months’ imprisonment; Defendant Eight was sentenced to fifty-one months’ imprisonment; Defendant Eleven was sentenced to four years’ imprisonment; Defendant Twelve was sentenced to sixty-two months and two weeks’ imprisonment. (Translated from Chinese to English by AI)
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