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 18 November 2019 protesters first occupied the outer perimeter of the Hong Kong Polytechnic University, and the next day there was a riot around Waterloo Road and Hamilton Street in Yau Ma Tei, where over 200 petrol bombs were thrown and public facilities were damaged. The police fired tear gas and rubber bullets to disperse them and arrested 213 people. Although the six defendants in this case claimed they were merely passers-by, the evidence showed they were in the core area of the riot and ignored multiple warnings. After a 20-day trial, they were all convicted of participating in a riot.
Sentencing for the offence of participating in a riot must comprehensively consider the extent of the use of weapons such as petrol bombs, the danger posed to public safety and order, the defendant’s role in the riot, the criminal motive, prior convictions, and the attitude of remorse.
The defendants all appeared in the core area of conflict, supported or encouraged the rioters’ actions, posed a serious threat to public safety, and did not comply with the police’s verbal or visual warnings; in view of the fact that most were first-time offenders with good character, the judge imposed a reduced sentence.
The judge considered that the defendants were not mere bystanders; their clothing, the items they carried, and their actions in fleeing proved they were not innocent passers-by, but indeed participants in the riot, and should be held accountable for their actions.
The six defendants were each found guilty of participating in a riot and will be sentenced at a later date. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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, since 2019, a series of violent demonstrations broke out in Hong Kong. On 18 November 2019, protesters gathered around Nathan Road in Yau Ma Tei, threw over 250 petrol bombs and set up roadblocks. The police fired tear gas to disperse the crowds and established cordon zones, arresting 213 people, eight of whom pleaded guilty to rioting.
The maximum sentence for rioting is ten years. There are no fixed guidelines; the starting point is determined by the facts of the case and the defendant’s role, usually between four and five years. A guilty plea can reduce the sentence by approximately 33%, 25% or 20%, depending on when it is entered.
Sentencing took into account the scale of the riot, the number of petrol bombs thrown and the level of preparation, while also considering mitigating factors such as the defendants’ age, prior convictions, mitigation letters and their attitude when pleading guilty.
The judge held that, although the defendants were not leaders, they abetted the violence, causing serious disruption to public order. The young defendants had gone astray and must bear the consequences; sentencing needed to balance consistency with individual remorse, allowing for some leniency.
The eight defendants were sentenced to prison terms of 36 months, 36 months, 32 months, 36 months, 36 months, 38 months, 38 months and 45 months, respectively. (Translated from Chinese to English by AI)
查看完整判刑理由書