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 states that the defendants, between 18 and 19 November 2019, were alleged to have participated in serious rioting in the vicinity of the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon. At that time, a large number of protesters ignored police warnings and raised flags, attacking the defensive line with over a hundred petrol bombs, bricks, miscellaneous items and laser beams, and formed a human wall to obstruct the advance. The police deployed the East Kowloon Emergency Unit, Mobile Units, the Special Tactical Squad and the Riot Unit in separate lines to disperse and encircle the crowd, arresting over two hundred people in total. The defendants were arrested in the heart of the riot during the police encirclement operation. The trial focused on whether their presence or actions were intended to encourage and support the rioting.
Pursuant to section 19 of Chapter 245 of the Public Order Ordinance, it must be shown that the defendant intended to participate in and promote rioting, which, after an unlawful assembly, constitutes an act that undermines public order; subsequent participation in that riot then amounts to a crime.
The court finds the prosecution’s evidence to be detailed and credible, including CCTV footage, police and publicly available videos, witness statements and the defendants’ activity logs. The two defendants’ testimonies were contradictory and not credible; they were arrested in the core area of the riot, and the dangerous atmosphere at the scene and their actions allow the inference that their presence carried the intention to encourage and support the rioting, meeting the requirements for participation.
The court strongly condemns the severe threat the riot posed to public safety and the lives and property of citizens, noting that the defendants used rioting to undermine the rule of law and social order; they must be punished severely under the law as a deterrent, to uphold the spirit of the rule of law.
Ultimately, each defendant was convicted of the offence of rioting under section 19(1) and (2) of Chapter 245 of the Public Order Ordinance, with sentencing to be fixed at a later date. (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 defendants D4, D7, D8, D9, D16 and D18, among eight defendants, responded to an online call late at night on 18 November 2019, gathering at the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon, in an attempt to “rescue” protesters inside the Hong Kong Polytechnic University. The protesters erected defensive lines with umbrellas and wooden boards, repeatedly ignored police warnings, and threw over 250 petrol bombs and various debris at officers, causing road blockages, fires and severe damage to public facilities. Police deployed in phases to disperse them and, at around 23:26, launched a cordon-and-arrest operation, ultimately apprehending 213 individuals in the area, of whom six defendants were arrested on the spot and charged with rioting. After the incident, debris was strewn everywhere, public facilities were damaged, multiple police officers were injured, businesses were forced to close, and traffic was paralysed.
The maximum penalty for the offence of rioting is ten years’ imprisonment, and there is no specific sentencing guideline. Based on Attorney General v Tse Ka Wah and related cases, the starting point for sentencing is established at five years’ imprisonment, emphasising that the sentence must be punitive and sufficiently deterrent to maintain public order.
In this case, the riot was premeditated, with a large number of protesters and a high level of violence, using petrol bombs and other weapons, causing property damage and personal injuries over several hours. The defendants only participated on the front line, had no planning or leadership roles, and were not implicated in other offences. In view of the six defendants’ guilty pleas, the court granted a 25% reduction; D4, being young and with a record of voluntary service and good character, received a further four-month reduction, while the other defendants were sentenced based on the discounted starting point.
The judge held that Hong Kong is a society governed by the rule of law that does not tolerate serious violence disrupting public order, and that rioting must be met with severe punishment to send a strong deterrent message, safeguarding public safety and upholding the authority of law enforcement.
After taking into account the guilty plea discounts for each defendant, the court sentenced D4 to 41 months’ imprisonment, and the other defendants to 45 months’ imprisonment each. (Translated from Chinese to English by AI)
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