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。
In its verdict, the court noted that after The Hong Kong Polytechnic University was occupied on 18 November 2019, black-clad rioters unlawfully assembled that night at the intersection of Waterloo Road and Nathan Road in Yau Ma Tei, hurling over 250 petrol bombs and debris, destroying roadblocks, traffic facilities and shops, causing traffic paralysis and frightening many passers-by into dispersing. From 22:45 the police advanced in phases, deploying tear gas, rubber bullets and beanbag rounds to disperse the crowd, and between 23:23 and the following morning set up cordons and temporary holding areas on Bik Street and at the MTR A1 exit, arresting a total of 213 people. Six of the defendants refused to leave the scene, claiming they were merely passing through or observing, but their testimonies were contradictory and the physical evidence did not correspond. After trial, the court found all six defendants had materially participated in the riot, posing a serious threat to public order, and convicted them.
According to the Public Order Ordinance and other relevant laws and precedents of the Court of Final Appeal, those who take part in a riot must have the intent or take actions that promote the riot. Sentencing should take into account the scale of the riot, the means used and the defendant’s role.
The defendants were at the heart of the riot, did not take reasonable steps to leave, and their testimony was not credible; their actions clearly supported or encouraged the riot, seriously endangering public order, and therefore warranted punishment.
The defendants were not mere bystanders; their actions not only failed to help quell the violence but actually fuelled it. It is necessary to uphold the rule of law and convict such riotous conduct.
All six defendants were convicted of rioting. (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 noted that, on 18 November 2019, in response to an online call, eight defendants assembled in the Nathan Road area of Yau Ma Tei, formed barricades using umbrellas and miscellaneous items, and threw over 250 petrol bombs believed to contain accelerants and bricks, blocking traffic and damaging public facilities while engaging in violent confrontation with the police. After repeated warnings, the police fired tear gas and rubber bullets to disperse the crowd, and then arrested a total of 213 people within the cordoned area, of whom the eight defendants pleaded guilty to rioting, with the others awaiting trial.
Under section 19 of the Crimes Ordinance, the maximum penalty for rioting is ten years’ imprisonment. Sentencing must consider factors such as the scale of the riot, the defendant’s role and equipment used, and refer to previous case law.
The court set a baseline of four years; for those carrying more equipment, the starting point may be 4.5 to 5 years. A 20% to 33% reduction in sentence may be applied depending on the timing of the defendant’s plea and their expression of remorse, balancing societal deterrence with the possibility of rehabilitation.
The judge considered that the riot was organised and endangered public safety; however, each defendant demonstrated genuine remorse, had a good background and mitigating factors, and thus a reduction was considered while maintaining consistency in sentencing.
In the end, among the eight defendants, four were each sentenced to 36 months’ imprisonment, one to 32 months, two to 38 months each, and the remaining one to 45 months. (Translated from Chinese to English by AI)
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