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。
According to the sentencing remarks, on the evening of 18 November 2019, thousands of protesters gathered around Portland Street and Hamilton Street in Yau Ma Tei, throwing over 250 petrol bombs and obstructing traffic with debris. The police deployed tear gas and rubber bullets to disperse them and arrested 213 people during a dawn operation. Six of the defendants claimed they were merely passing through or on private business in the area with no intention to participate; however, after reviewing CCTV footage, police officers’ and on-site witnesses’ testimonies, as well as analysing the defendants’ dark clothing and personal items, the judge determined that they were all participants in the riot, dismissed their bystander defence, and found them guilty of riot.
Sentencing under the Public Order Ordinance considers the scale of the riot, the dangerousness of the weapons used (petrol bombs), the threat to public and police safety, the number of participants and the defendant’s degree of involvement, as well as the presence of remorse and any previous convictions.
The defendants were arrested in the heart of the riot. Their explanations were false or not credible; as confirmed by video footage and other evidence, it is evident that they knew the scene was a riot but stayed or actively joined in, and were not simply passers-by. Their intent to incite or assist those nearby is beyond doubt, so severe punishment is appropriate to deter similar violence.
The six defendants were not innocent passers-by who wandered in by mistake; their attire, carried items and conduct corresponded to those of riot participants, and they neither left in a timely manner nor protested that they had been wrongly arrested, demonstrating their criminal intent and degree of conspiracy. They each committed the offence of riot and should be convicted.
The judge convicted each of the six defendants of one count of riot; the charges were upheld. (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 judgement noted that on 18 November 2019, over a thousand protesters responded to an online call and confronted the police on Nathan Road in Yau Ma Tei, Kowloon. Large crowds built roadblocks and threw more than 250 petrol bombs and other debris, causing road obstructions and multiple fires. The police fired tear gas to disperse them and established cordons on nearby streets late at night, arresting 213 people. Eight defendants pleaded guilty to riot charges, while the others remain on trial.
The maximum sentence for riot is ten years. The District Court determines the sentencing starting point based on the level of involvement, typically between four and five years, and under the guilty plea discount principle, the sentence may be reduced by up to one-third.
In considering that the protesters used petrol bombs to instigate large-scale violent clashes and caused serious disruption to public order, but that the defendants were not ringleaders, had pleaded guilty and shown remorse, and had differences in age, background and level of involvement, a discretionary reduction was granted.
The judge held that this riot was highly organised and unprecedented in scale, posed a grave threat to public safety, and required punishment as a deterrent; at the same time, moderate leniency was applied to defendants who were remorseful and not instigators, balancing societal interests with the potential for rehabilitation.
The defendants (eight in total) were sentenced to terms of imprisonment of 36, 36, 32, 36, 36, 38, 38 and 45 months respectively. (Translated from Chinese to English by AI)
查看完整判刑理由書