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, Defendant 1 and Defendant 12 participated in a riot outside the Government Headquarters in Admiralty along with a large number of protesters. The protesters set fire to and blocked roads successively at the Admiralty MTR station exits on Tim Mei Avenue, formed umbrella barricades, threw petrol bombs and traffic cones, fired laser beams and set fire to water-filled barriers, and shattered the curtain wall glass. After police warnings proved ineffective, they deployed tear gas and a water cannon for dispersal. At about 16:48, police rushed out from various exits of the headquarters, intercepted Defendant 1 on the eastbound carriageway of Harcourt Road and at the same location subdued Defendant 12, seizing as evidence umbrellas, duckbill caps, face masks, backpacks and leaflets bearing the “Five Demands”.
Pursuant to sections 18(1) and 19(1) of the Public Order Ordinance and the requirements for unlawful assembly and riot offences established in the Court of Final Appeal decision in the Lo Kin Man case, as participatory offences, it must be demonstrated that the defendant intended and acted to further the riot.
Both defendants were dressed entirely in black, wearing masks and gloves, holding umbrellas or carrying publicity leaflets, intentionally staying at the riot scene to boost momentum and assist or encourage others to disrupt public order. The evidence shows that they were fully aware that their actions constituted a riot.
The judge considered that the prosecution’s evidence was detailed and reliable. The two defendants failed to provide credible refutations, and their defences were largely contradictory and vague. He found both guilty of rioting, with the evidence meeting the standard of beyond reasonable doubt.
Both Defendant 1 and Defendant 12 were found guilty of rioting on 28 February 2023, and a separate date will be set for the sentencing hearing. (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 judgement states that the twelve defendants on 29 September 2019 rioted outside the Government Headquarters in Admiralty with around 500 people, erecting roadblocks and umbrella barricades and throwing petrol bombs, bricks and laser beams, obstructing traffic, ignoring multiple police warnings and dispersal by water cannon. Ten pleaded guilty, and two were convicted after trial.
The maximum penalty is ten years’ imprisonment, referring to cases such as Yang Jia-lun, Tang Ho Yin and Leung Tin-kei and the twelve sentencing factors for rioting, with a starting point of five years and four months.
The defendants’ involvement was not of the lowest degree: they were premeditatedly equipped with umbrellas, protective gear and walkie-talkies, threw solid objects and petrol bombs, and destroyed water barriers; their level of violence was high, requiring immediate imprisonment for punishment and deterrence.
The riot was directed at the core of government, openly challenging the rule of law. It must be met with a heavy sentence to deter others, with no substantive reduction for the absence of previous convictions or for mitigation; an early guilty plea receives a modest discount.
Defendant One was imprisoned for five years and three months; Defendants Two, Five, Six and Nine were imprisoned for four years; Defendants Three, Four, Seven and Ten were imprisoned for fifty months; Defendant Eight was imprisoned for fifty-one months; Defendant Eleven was imprisoned for four years; Defendant Twelve was imprisoned for sixty-two months and two weeks. (Translated from Chinese to English by AI)
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