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 on the evening of 29 August 2019, between approximately 23:12 and 23:41, around thirty people gathered outside the Sham Shui Po Police Station in Kowloon, Hong Kong, shouting, projecting multicoloured lasers at the station, and banging the iron railings. At 23:31, five individuals threw bricks, and their conduct, which disrupted public peace, constituted a riot. The police issued nine warnings to the crowd and displayed blue flags, then proceeded with dispersal and arrest operations, arresting eight defendants in total, charging them with riot offences and, in the case of some, possession of offensive weapons in a public place, among others.
According to section 19 (riot) and section 33 (possession of offensive weapons in a public place) of the Public Order Ordinance, the defendants’ intent and actual participation are assessed under the principle of participatory offences, and the prosecution must prove its case beyond reasonable doubt.
The judge observed that the defendants remained at the scene for a period, wore attire and equipment similar to those of the protesters, did not leave immediately, and engaged in conduct that fuelled the riot, concluding that most of the defendants intended to participate in the riot; the eighth defendant, although in possession of a laser pen, did not have intent to injure, so the weapons charge did not stand; the fourth defendant was found unfit to stand trial on mental health grounds and was therefore exempted.
The judge considered that the defendants consciously remained at a chaotic riot scene, adopting uniform black clothing or protective gear to conceal their identities and show solidarity with others, which bolstered the riot’s momentum and disturbed public peace; although some defendants denied participation, the cumulative evidence was sufficient to eliminate reasonable doubt.
Defendants 1, 2, 5, 6, 7 and 8 were convicted of participating in a riot; Defendant 3 pleaded guilty during the trial; Defendant 4 was found unfit to stand trial, and the charges of riot and possession of a weapon did not stand; the charge against Defendant 8 for possession of an offensive weapon also did not stand. Sentencing will be scheduled 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 on the evening of 29 August 2019, about 30 to 50 protesters gathered outside the Sham Shui Po Police Station, shouted slogans and projected laser beams with multiple laser pens. From 23:12, the police issued nine consecutive verbal warnings and displayed blue flags, but the crowd did not disperse; at 23:31 five individuals threw bricks at the substation and then retreated back into the crowd. Officers then dispersed the assembly and arrested a total of eight defendants. By assembling, loitering, moving around and using laser light to shine on the police station walls alongside other protesters, the defendants shared a common purpose of disturbing public peace and were convicted of rioting, while the third defendant was acquitted of the separate offence of possessing an offensive weapon.
According to Section 19 of the Public Order Ordinance, the offence of rioting carries a maximum sentence of 10 years; Court of Appeal authorities indicate that sentencing must take into account factors including the scale of the riot, its duration, the number of participants, the means of violence, whether weapons or missiles were used, the number of warnings issued and the degree of challenge to law enforcement officers. For defendants under the age of 21, an assessment report from a training centre or correctional institution is sought in accordance with Section 109A of the Criminal Procedure Ordinance.
In this case, the riot was of comparatively lower severity among similar cases. Taking the overall seriousness of the riot as the sentencing starting point yields 34 months; D1 and D2 received a two-month reduction for no guilty plea, resulting in 32 months, and D3 received a reduction for a guilty plea, resulting in 24 months. Defendants D5 to D8 were all under the age of 21 at the time of the incident; having regard to their age, remorse and rehabilitation needs, it was deemed appropriate to send them to training centres.
After multiple warnings, the protesters still openly challenged the police station and officers, constituting serious unlawful conduct; however, the scale of the riot and the extent of damage were limited, and the defendants neither personally committed violence nor caused major destruction, so it was classified as a lower-tier riot. Adult defendants were sentenced to imprisonment, balancing punishment and deterrence, while juvenile defendants were treated with a focus on rehabilitation.
Defendants 1 and 2 were each sentenced to 32 months’ imprisonment; Defendant 3 was sentenced to 24 months’ imprisonment; the custodial sentences are to run concurrently. Defendants 5 to 8, being under 21 years of age at the time of the incident, were each ordered to be sent to training centres, where they will receive disciplinary training and psychological counselling during their period of detention to promote rehabilitation. (Translated from Chinese to English by AI)
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