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 points out that on the night of 18 November 2019, protesters illegally assembled on Nathan Road between Woosung Road and Hamilton Street in Yau Ma Tei and threw more than 200 petrol bombs, resulting in road blockages and violent clashes with the police. The police fired tear gas and rubber bullets and established temporary detention zones, arresting a total of 213 people. Six of the defendants maintained they had merely been passing by, but after a 20-day trial they were all found guilty of riot.
Under the Public Order Ordinance, the maximum penalty for the offence of riot is seven years’ imprisonment. Sentencing must consider the defendant’s role, the use of incendiary devices, the extent of public danger, and the plea attitude.
The six defendants were arrested at the epicentre of the riot. Their attire and the physical evidence indicated they were not merely passing by. The bench held that their conduct facilitated the riot and threatened public safety; they warranted severe punishment, though some mitigation was allowed in view of their lack of prior convictions and their defence performance.
The judge considered that riot undermines social order and that participants should be appropriately punished. Sentencing should balance punishment and rehabilitation, with different treatment according to each individual’s role and attitude.
Ultimately, the court sentenced the six defendants to fixed terms of imprisonment of four to five years, with partial reductions applied at the court’s discretion in consideration of their pleas and the particulars of each case. (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 states that between 11 and 18 November 2019, following the occupation of the Hong Kong Polytechnic University and online calls, protesters gathered on the evening of 18 November at the junction of Nathan Road and Waterloo Road, wearing black clothing and masks, erecting barricades and throwing over 250 petrol bombs and other debris, and confronting the police. The police fired tear gas to disperse them, and later at about 23:26 established a cordon between Nathan Road and Bik Street, arresting 213 people, of whom eight defendants pleaded guilty to riot charges, while the remaining minor charges were reserved for the court.
The maximum sentence for riot is 10 years. In the absence of established sentencing guidelines, the judge took into account the scale of the incident, the roles and equipment of the defendants, and, drawing on the Edward Leung Tin-kei case, set a starting point of four to five years for sentencing, with proportional reductions based on the timing of the plea and reasons for mitigation.
The judge, having considered the defendants’ conduct at the scene, the equipment they carried, the timing of their pleas, their age and background, remorse and the content of mitigation letters, applied sentence reductions of up to approximately one-third to one-quarter, or around 20%.
The judge held that the riot was highly organised and premeditated, with protesters using petrol bombs to intensify the conflict, causing serious damage to public safety and order, and thus warranted appropriate punishment and deterrence.
The eight defendants were each sentenced to imprisonment, with four individuals receiving 36 months each, one receiving 32 months, two receiving 38 months, and one receiving 45 months. (Translated from Chinese to English by AI)
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