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 eight defendants gathered late at night on 29 August 2019 in the vicinity outside the Kowloon Sham Shui Po Police Station, and protesters shouted, used high-powered laser beams to shine on the station and officers, and threw bricks, constituting a typical riot disrupting public peace. The police issued multiple verbal warnings and raised the blue flag, yet a large number of people refused to disperse. At 23:41 they launched a dispersal and arrest operation, arresting all the defendants except the fourth defendant and seizing relevant evidence. The reasons for the verdict accepted the testimony of police witnesses and extensive CCTV and media video evidence, and pursuant to the legal principle that an unlawful assembly can escalate into a riot, found the first, second, fifth, sixth, seventh and eighth defendants guilty of rioting; the fourth defendant was found unfit to stand trial due to mental health; the third defendant had earlier immediately pleaded guilty; the charge of possession of an offensive weapon against the eighth defendant did not stand.
Under section 19 of the Public Order Ordinance for riot, a maximum of 10 years’ imprisonment; under section 33 of the same Ordinance for possession of an offensive weapon, a maximum of 5 years’ imprisonment.
Considering the aggravated circumstances of the defendants remaining at the scene for an extended period, wearing protective gear, using laser beams, and inclined to incite or assist others to disrupt public peace, posing a serious threat to public order; however, all defendants are first-time offenders with no previous criminal records.
Although most of the defendants are first-time offenders, they knowingly disregarded multiple police warnings, insisted on remaining, and actively participated in or abetted wrongdoing, seriously challenging law enforcement authority and public peace, warranting stern punishment; the fourth defendant is unfit to stand trial due to poor mental health, and the eighth defendant’s offence of possession of a weapon is not upheld for lack of intent to harm.
Except that no sentence is currently being imposed on the fourth defendant, the remaining defendants have all been convicted of rioting; the third defendant pleaded guilty to riot and weapons offences; the eighth defendant was convicted only of rioting. The court has fixed a separate sentencing hearing date to determine the terms of imprisonment for each defendant. (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 evening of 29 August 2019, about 30 to 50 protesters gathered outside the Sham Shui Po Police Station, used laser pointers and torches aimed at the station, while shouting slogans and insulting officers. Starting at 23:12, the police issued nine dispersal warnings and raised blue flags; at 23:31, five individuals threw bricks that struck a substation before fleeing back into the crowd; between approximately 23:43 and 23:56, eight defendants were arrested. Except for some charges against the fourth and eighth defendants, which were not upheld, the other defendants were found guilty of rioting, and the third defendant was additionally convicted of possessing an offensive weapon.
The maximum penalty for rioting is ten years’ imprisonment. Sentencing must take into account factors such as the scale of the riot, its duration, the number of participants, whether weapons were used, whether the riot continued despite warnings, and the defendant’s role and level of preparation.
Although the eight defendants did not commit direct acts of violence, they planned, supported, and amplified the riot alongside other protesters, repeatedly ignored warnings, and challenged law enforcement at the police station, severely disrupting public order. In considering their youth, lack of prior convictions, and expression of remorse, the need for both punishment and rehabilitation was balanced.
The scale and duration of the riot in this case are relatively minor compared to similar cases, but since the protesters publicly challenged the police station and officers, thereby significantly affecting public order, a sentence sufficient for punishment and deterrence, while allowing for rehabilitation, was required.
I hereby sentence the two adult defendants to 32 months’ imprisonment each; the third defendant to a total of 24 months’ imprisonment for both offences, to be served concurrently; and the four juvenile defendants to be sent to a training centre to undergo disciplinary training and rehabilitative education, with relevant counselling arranged. (Translated from Chinese to English by AI)
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