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 the defendants participated in a large-scale riot around Yau Ma Tei, Waterloo Road and Nathan Road in Hong Kong. Protesters on site threw more than 200 petrol bombs and obstructed roads. The police fired tear gas and rubber bullets to disperse the crowd, and conducted stops and arrests at places such as Bik Street near MTR Yau Ma Tei Exit A1, arresting a total of 213 people. After a 20-day trial, six of the defendants pleaded that they were merely passing through or seeking refuge and were wrongfully arrested. The court therefore considered whether they had participated.
For the offence of participating in a riot, the maximum penalty is ten years’ imprisonment. The judge, in accordance with the Crimes Ordinance and relevant sentencing guidelines, considered the defendant’s role in the riot, the use of dangerous items and the extent of harm to public order in determining the sentence range.
In exercising discretion, the court took into account the defendant’s conduct and attire on site, the lack of a reasonable explanation for their presence, refusal to comply with police warnings and appeals, the large scale of the riot, the use of petrol bombs posing a serious threat to public safety, and the absence of remorse. On the basis of maintaining public order, a severe penalty was required.
The judge was of the view that the defendants were not mere passers-by. Their testimony was self-serving and insufficient to undermine the prosecution’s circumstantial evidence. The black clothing and their actions on site demonstrated actual participation in the riot, and the judge therefore found them guilty.
The defendants were each sentenced to 36 to 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 states that on 18 November 2019, eight defendants took part in a riot on Nathan Road between Bute Street and Waterloo Road in Yau Ma Tei, confronting the police and throwing over 250 petrol bombs and miscellaneous objects, forming barricades to obstruct the carriageway and damaging public facilities. The police issued multiple warnings and deployed tear gas to disperse them. At about 23:26, within the cordoned-off area from Pitt Street to Waterloo Road, they began an encirclement operation, arresting a total of 213 people, among whom the eight defendants later pleaded guilty or entered plea negotiations to admit to rioting. After trial, their sentences were determined.
The maximum penalty for rioting is ten years’ imprisonment; although there are no concrete sentencing guidelines, the particular case’s circumstances, the level of violence and the defendant’s role must be taken into account, with reference to the sentencing considerations in the Court of Appeal’s decision in the Leung Tin-kei case.
The judge based the sentencing facts on the scale and level of violence of the riot at the time of the incident, the defendants’ throwing of a large number of petrol bombs and miscellaneous objects, the formation of barricades to obstruct traffic, as well as the equipment carried by each defendant and the division of roles within the group, adopting a starting point of four to four and a half years, with reductions applied according to each defendant’s timing of plea, remorse and level of involvement.
The judge considered that the riot was significantly influenced by political mobilisation, constituted a serious disruption to public order, and that the punishment must serve as a deterrent and respond to social justice, while also taking into account the defendants’ youth, remorse and attitude towards their pleas.
The eight defendants received the following custodial sentences: four defendants were each sentenced to 36 months’ imprisonment, one to 32 months, two to 38 months each, and one to 45 months. (Translated from Chinese to English by AI)
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