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 stated that between 18 and 19 November 2019, the Polytechnic University incident triggered large-scale riots around Nathan Road in Yau Ma Tei, Kowloon. Protesters occupied the roadway from Waterloo Road to Pitt Street, using umbrellas and metal barricades to form defences, hurling over 200 petrol bombs, bricks and other debris, and firing laser beams at the police. The police deployed the Mobile Unit, the Rapid Response Unit and the Special Tactical Squad, established multiple lines of defence and advanced using tear gas and rubber bullets, eventually arresting 213 people in phases. The defendants were present in the core area of the riot and were subdued and arrested.
The court, relying on section 19 of the Public Order Ordinance and precedents of the Court of Final Appeal, held that the offence of rioting is a participatory crime and requires proof that the defendant intended to participate in or facilitate an unlawful assembly and rioting that disrupts public peace.
Both defendants remained in the clearly dangerous core area, were subdued on multiple occasions, gave contradictory and untrustworthy testimony, and their actions assisted the rioters, thus meriting a heavier sentence.
The defendants’ testimony was in serious conflict with objective facts and undisputed circumstances, lacking credibility; the prosecution’s evidence was ample, establishing their guilt beyond reasonable doubt.
Both defendants were convicted of rioting; the sentencing hearing was adjourned, with the sentence to be announced later. (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 the evening of 18 November 2019, the defendants, together with over a thousand protesters, gathered in the Nathan Road and Waterloo Road area in Yau Ma Tei, Kowloon. They built defensive barriers with umbrellas and wooden boards and repeatedly threw more than 250 petrol bombs and miscellaneous objects at the police, causing fires, injuring four officers and seriously damaging public facilities. The police then launched several rounds of dispersal and containment operations, apprehending 213 people within the restricted area, of whom six defendants pleaded guilty to rioting.
The maximum penalty for rioting is 10 years’ imprisonment, and the Court of Appeal has established a starting point for sentencing at 5 years’ imprisonment.
Because the riot was premeditated, large in scale, highly violent and prolonged, it posed a serious threat to public safety and caused casualties and property damage; the defendants received a 25% reduction in sentence for pleading guilty, and some had further mitigating factors such as character and age.
Punitive and deterrent sentences are necessary to respond to serious violent conduct in order to uphold public order and the rule of law.
Ultimately, the six defendants who pleaded guilty to rioting were sentenced as follows: one defendant had their sentence reduced to 41 months’ imprisonment due to age and good character, and the remaining five were each sentenced to 45 months’ imprisonment. (Translated from Chinese to English by AI)
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