判刑理由書撮要(由AI生成)
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The judgment states that on 18 November 2019 the defendant was located on Cheong Wan Road outside The Hong Kong Polytechnic University, and together with about 100 protesters attempted to break through the university’s main entrance. This riot was part of a large-scale operation spanning several days. The protesters had set up roadblocks and checkpoints on campus, damaged CCTV cameras and campus facilities, and used petrol bombs, bows and arrows and other weapons against the police. Despite multiple warnings from the government and the police, they were unable to stop the violence, and the police eventually cordoned off the site and arrested the defendant and other protesters.
The offence of rioting carries a maximum sentence of 10 years’ imprisonment. Referring to the principles established by the Court of Appeal in cases such as Yang Ka-lun and Leung Tin-kei, the starting point for sentencing is generally 5 to 6 years, and may be increased in particularly serious cases.
In this case the riot was organised and premeditated. The protesters used petrol bombs, bows and arrows and other hard objects to attack the police; more than one hundred people were involved, the conduct lasted several days and caused serious public disorder. The defendant reoffended after being granted bail in a previous riot case, which is an aggravating factor. The defendant pleaded guilty promptly and received the maximum reduction for an early plea.
A sentence for rioting must be punitive and deterrent, and participants in collective conduct must bear joint responsibility. Although the defendant did not occupy a leadership role, he acted in concert with the group, and the sentence must reflect the overall level of violence. It is impermissible to base sentencing on unproven facts.
The judge ultimately ruled that the defendant be sentenced to 24 months’ imprisonment for the rioting offence in this case, to be served consecutively with the term imposed in the previous related case. (Translated from Chinese to English by AI)
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