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 pointed out that on the evening of 18 November 2019, after the Hong Kong Polytechnic University was occupied, the ‘Besiege Wei to Rescue Zhao’ demonstration evolved into a large-scale riot stretching from Yau Ma Tei to Mong Kok. A large number of individuals dressed in dark clothing assembled unlawfully, throwing over 250 petrol bombs, bricks and miscellaneous objects, resulting in road closures and damage to multiple facilities. The police deployed tear gas, rubber bullets and encirclement tactics overnight to disperse the crowd and arrested 213 people. The six defendants were arrested successively from late at night to the early hours of the following day, each facing a charge of rioting.
According to section 160 of the Public Order Ordinance, the maximum penalty for rioting is life imprisonment; sentencing must take into account factors such as the defendant’s level of participation, the means of violence employed, the harm to public order and the risk to social safety.
The six defendants were at the core of the riot, wearing dark clothing and protective gear, and were confirmed by on-site CCTV and police video footage to be with the rioters; they failed to offer a reasonable account of having left the scene or merely observed, and did not make any immediate complaint of misconduct, which evidences their deliberate intent and support for the riot, thereby intensifying public alarm. Given the conclusive evidence, they should be convicted and appropriately sentenced.
The judge considered that the defendants had no reasonable justification for appearing at a scene of intense violent conflict, and that they disregarded police warnings and dispersal actions. Their conduct seriously infringed public safety and the rights of others, warranting severe condemnation to preserve social order and serve as a deterrent.
The six defendants were convicted of rioting. Their sentences will be pronounced at a subsequent hearing to be scheduled. (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 the defendants responded to an online call for a ‘Besiege Wei to Rescue Zhao’ protest, gathering on 18 November 2019 at the junction of Nathan Road and Waterloo Road in Yau Ma Tei. They confronted police and repeatedly threw over 250 petrol bombs and miscellaneous objects, blocked traffic lanes and vandalised public facilities. Police fired tear gas to disperse the crowd and completed a large-scale mass-arrest operation at around 23:26 that evening, arresting a total of 213 people. Eight of the defendants pleaded guilty to riot charges, while the others continue to stand trial. This concerns the joint sentencing of the eight who pleaded guilty.
The maximum penalty for riot is ten years’ imprisonment. Sentencing must take into account factors such as the scale of the riot, the defendant’s role, their equipment and conduct, whether they pleaded guilty and their remorse, and should refer to similar cases and sentencing guidelines.
It is considered that the defendants participated in a large-scale, organised riot, throwing numerous petrol bombs, damaging public property and obstructing traffic, seriously affecting public order; mitigating factors such as age, prior convictions, timing of guilty pleas, equipment used and remorse are weighed, resulting in a moderate sentence reduction.
The judge emphasised that such riots pose a serious threat to public safety and order; while expressing sympathy for the young defendants, he condemned their impulsive involvement in violent activities and stated that punishment is necessary to uphold the rule of law.
Ultimately, the eight defendants were sentenced as follows: four defendants received 36 months each, two received 38 months each, one received 32 months and one received 45 months of imprisonment. (Translated from Chinese to English by AI)
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