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。
According to the judgement, from around 4pm on 29 September 2019, protesters blocked roads along Harcourt Road, Tim Mei Avenue and Lok Li Street outside the Government Headquarters in Admiralty, using an umbrella formation to shield the throwing of petrol bombs and traffic cones and to set fires, firing lasers at the curtain wall and police officers, thereby disturbing public peace. After issuing multiple warnings to the protesters, the police commenced action at around 4:48pm to disperse them and arrested Defendant One and Defendant Two.
Under sections 18 and 19 of chapter 245 of the Public Order Ordinance and Supreme Court precedents, riot is an offence of participation, requiring proof that the defendant was aware of and took part in conduct and intention to disturb public peace. Sentencing takes into account the defendant’s role, the means employed and the degree of violence.
Both defendants wore the protest movement’s signature black attire and carried protective equipment. Despite knowing that the riot was ongoing, they deliberately remained and assisted or encouraged others to disrupt order, causing serious social harm. They should receive severe sentences to deter such actions.
The judge conducted a comprehensive review of multiple police officers’ testimonies, accepted the prosecution’s evidence and dismissed Defendant One’s defence; although Defendant Two did not appear in court, he offered no reasonable rebuttal. Both satisfy the objective and subjective elements of the offence of riot.
The court found Defendant One and Defendant Two guilty of riot and will proceed to sentencing at a later 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 notes that on 29 September 2019, approximately 500 protesters gathered from Causeway Bay to the area outside the Government Headquarters on Harcourt Road in Admiralty. During this time, they set up roadblocks and threw petrol bombs and hard objects at the headquarters, emitted laser beams and burned defensive installations, repeatedly ignored police warnings and continued to block the roads. Twelve defendants were charged with rioting; two were convicted following trial, while the remaining ten pleaded guilty at various stages or were convicted after admitting the facts at the commencement of the trial.
The sentencing benchmark adopts five years and four months’ imprisonment as the starting point, with discounts applied according to the defendant’s level of participation and the stage at which they pleaded guilty.
The riot in this case was planned and organised, involving about 500 participants who used umbrella formations, walkie-talkies, slingshots, petrol bombs and hard objects to attack core government facilities, lasting over 26 minutes and severely undermining public order and the rule of law, thus meriting severe punishment as a deterrent.
The judge held that the rioters were lawless and posed a serious threat to society; it is inappropriate to reduce their sentences based on good background or volunteer experience, and immediate imprisonment with severe sentences is required to serve as a warning.
Defendant 1 was sentenced to five years and three months’ imprisonment, and Defendant 12 was sentenced to 62 months and two weeks’ imprisonment; the remaining defendants, having pleaded guilty at various stages, received sentences ranging from four years to fifty months, all to be served concurrently. (Translated from Chinese to English by AI)
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