判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 18 November 2019, protesters breached the outer defences of the Hong Kong Polytechnic University. Some individuals then gathered illegally from Waterloo Road in Yau Ma Tei towards the Nathan Road area and threw over two hundred petrol bombs. Debris was strewn across the roads. The police subsequently fired tear gas and rubber bullets and advanced to disperse the crowd, arresting more than two hundred people. The six defendants were successively stopped by police at locations including the junction of Nathan Road and Bik Street. Dressed in dark clothing and carrying backpacks, saline solution and other ‘equipment’, they claimed to be mere passers-by or mistakenly arrested while passing by. However, during the trial the prosecution presented CCTV footage, phone recordings and testimony from police officers and members of the public at the scene. The court found that the six were not innocent bystanders but had supported, encouraged and actively participated in the riot, and accordingly convicted them of rioting.
According to the Crimes Ordinance (Cap. 160) on the offence of rioting, the maximum penalty is ten years’ imprisonment; taking into account that nine others in the same case have already been sentenced to between three and almost four years’ imprisonment.
The defendants provided support or encouragement during the riot, disturbed public peace and resisted the police in the execution of their duties; the circumstances are grave. Their honesty and reliability are lacking, they ignored loudspeaker appeals and warning flag signals, and must be severely punished to serve as a deterrent.
A large-scale riot endangers public safety; the defendants cannot shirk responsibility and were not mere bystanders. Sentencing must balance deterrence with the defendants’ backgrounds, their attitude towards guilty pleas, and the impact on social order.
The six defendants were convicted of rioting; sentencing was adjourned, and a date for sentencing will be fixed after written submissions of mitigation and background reports have been filed. (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 noted that violent demonstrations broke out in Hong Kong from June 2019. On 18 November 2019, the “Encircle Wei to Rescue Zhao” campaign mobilised large numbers of people to block roads and erect barricades in the Yau Tsim Mong district, throwing over 250 petrol bombs and debris at the police. The eight defendants took part in a riot at the junction of Nathan Road and Waterloo Road; the police cordoned off the area and arrested 213 people. The eight pleaded guilty, and the offence of rioting was established.
The maximum penalty for rioting is 10 years’ imprisonment. There are no detailed guidelines; the scale of the riot, the degree of violence and the defendant’s role must be taken into account.
Using four years as the starting point, factors such as the timing of the plea, age, equipment, background and remorse were considered to allow a reduction of 25–33%. For those more heavily equipped, the starting point was raised to 54 months before any further reduction.
The judge held that such conduct was profoundly organised and dangerous, undermining public order and requiring severe punishment as a deterrent, while also taking into account the defendants’ remorse and need for rehabilitation.
Defendants 1 and 2 were each imprisoned for 36 months; Defendant 3 for 32 months; Defendants 4 and 5 each for 36 months; Defendants 6 and 7 each for 38 months; Defendant 8 for 45 months. (Translated from Chinese to English by AI)
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