判決理由書／裁決書撮要(由AI生成)
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The judgment states that on 18 November 2019, rioters in the area from Yau Ma Tei to Mong Kok, coordinating with the PolyU occupation, unlawfully assembled and launched a ‘besiege Wei to rescue Zhao’ operation. Large numbers of protesters hurled over 200 petrol bombs and miscellaneous objects at police officers, causing severe road blockages, damage to multiple facilities, and numerous injuries. That evening the police carried out dispersal and cordon-and-arrest operations, arresting 213 people. Six of the defendants were stopped at the scene, charged with rioting and, after trial, convicted.
Under the Public Order Ordinance, the offence of rioting carries a maximum sentence of ten years’ imprisonment; sentencing must take into account the scale and methods of the riot and its impact on public order
The six defendants were in the heart of the riot with no reasonable excuse to remain and disregarded multiple police warnings; their actions and equipment closely matched those of the rioters, severely disrupting public order and endangering the safety of police officers, warranting severe punishment
Such riots not only challenged the rule of law and resulted in damage to public and private property but must be met with appropriate punishment to serve as a deterrent and maintain social peace
The six defendants were each sentenced to between 36 and 46 months’ imprisonment. (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 since June 2019, there were ongoing illegal demonstrations in Hong Kong; from 11 to 18 November the Polytechnic University was occupied, and the police set up defences and repeatedly warned the public to avoid the area. On 18 November, in response to online calls, demonstrators gathered at the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon, erected barricades to block the road, and threw over 250 petrol bombs and miscellaneous objects at the police. The police deployed tear gas and carried out encirclement operations, resulting in a total of 213 arrests, among whom eight defendants pleaded guilty to rioting.
The maximum sentence for rioting is ten years, and there is no unified guideline; sentencing starts from the circumstances of the case, the scale of the demonstrations, the defendant’s role and equipment.
The judge set the starting point in most cases at four to five years, and at his discretion granted a 20% to 33% reduction based on the promptness of the plea, remorse, and personal background; those with heavier equipment and greater participation received smaller reductions.
He held that the scale of the 2019 riots was unprecedented, that demonstrators were influenced by online calls and the social atmosphere, and that the violent use of petrol bombs severely disrupted public order, warranting severe punishment to uphold the rule of law.
The eight defendants were sentenced to imprisonment as follows: four to 36 months each, one to 32 months, two to 38 months, and one to 45 months. (Translated from Chinese to English by AI)
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