判決理由書／裁決書撮要(由AI生成)
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The judgment states that from 18 to 19 November 2019, following on from the events at the Polytechnic University, a riot broke out along Nathan Road in Yau Ma Tei. Several thousand protesters built defensive barricades with umbrellas and wooden planks and attacked the police by throwing over two hundred petrol bombs and bricks. The police deployed the Mobile Unit, the Riot Squad and the Special Tactical Squad to disperse and surround them, set up a temporary holding area at the junction of Nathan Road and Pitt Street, and subdued 213 people, two of whom – the defendants – were arrested in the core area.
According to Articles 18 and 19 of the Public Order Ordinance, riot is a serious public offence. Sentencing must take into account the scale of the riot, the degree of violence and the threat posed to public safety.
The defendants participated in and fomented violence at the core of the riot, throwing petrol bombs and other dangerous items, seriously endangering the safety of police officers and civilians. They must be severely punished to serve as a deterrent.
The defendants’ testimonies contained numerous contradictions and were rejected by the court. Their actions were not those of innocent bystanders but constituted an attempt to undermine social order, warranting severe punishment under the law.
Both defendants were convicted of riot and sentenced to five years’ imprisonment each. (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 stated that on the night of 18 November 2019, eight defendants, at the junction of Nathan Road and Waterloo Road in Yau Ma Tei, in response to an online call, erected roadblocks and an umbrella formation to occupy the carriageway, threw over 250 petrol bombs and various items at the police, repeatedly ignored police verbal warnings and tear gas deployed for dispersal, and were charged with participating in a riot when the police carried out a containment operation at around 23:26.
With reference to precedent, the sentencing starting point for the offence of rioting is five years’ imprisonment, emphasising deterrence and punishment, and the need to protect public order.
In this case, the riot was planned and large-scale, involving over a thousand participants, and included the use of petrol bombs that injured police officers and caused extensive damage. The defendants were merely members of the crowd, and a guilty plea may lead to a reduced sentence.
This court emphasises the rule of law and public order; the offence of rioting requires immediate imprisonment as a warning, and the discount for a guilty plea has already accounted for all mitigating factors.
This court set five years’ imprisonment as the starting point for sentencing; following a 25% reduction for the defendants’ guilty pleas, each defendant’s sentence was reduced to 45 months’ imprisonment; one defendant, being young and of good character, received a further discretionary reduction of four months and was sentenced to 41 months’ imprisonment, while the remaining defendants were each sentenced to 45 months’ imprisonment. (Translated from Chinese to English by AI)
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