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 from midday on 12 November 2019, thousands of protesters responded to the online “Lunch with You” call, occupying the junction of Pedder Street, Des Voeux Road Central and Connaught Road Central in Central, throwing bricks, setting fire to erect roadblocks, and damaging buses and shops. The police raised warning flags and fired tear gas to disperse them. The defendants were within the riot area during that period, wearing masks, chanting slogans, forming an umbrella barricade, collecting and transporting miscellaneous items, and were eventually arrested outside the emergency exit of The Landmark while fleeing.
In accordance with section 19 of the Public Order Ordinance on the offence of rioting and section 241K of the Emergency Regulations Ordinance (Prohibition on Face Coverings), and considering the fluid nature of protest activities and the cumulative effect of environmental evidence, with reference to the Court of Final Appeal’s rulings in HKSAR v. Lo Kin-man and Tong Wai-hung, the court examined the defendant’s participation (intent to participate) and subjective intention, and took into account the time, location, conduct and items in the defendant’s possession at the time of arrest.
The defendant deliberately remained at the core of the riot, chanting slogans with others, using umbrellas to shield those causing damage, collecting and transporting bricks to block roads, and evading detection by wearing a face covering and carrying protest equipment; the defence’s claims of inadvertent intrusion, health issues, stomach upset and mistaken administration of IV saline are all self-contradictory and inconsistent with the video and environmental evidence, leaving no reasonable doubt.
The judge found the prosecution witnesses credible; the video and CCTV footage clearly showed that the three defendants participated in, supported or assisted in disrupting public order during the riot, wore masks and immediately removed them upon arrest to evade detection; the defence’s account was unpersuasive and insufficient to undermine the prosecution’s case.
All three defendants were convicted of rioting, and two were also convicted of using face coverings in an unlawful assembly. The sentencing hearings for each defendant will be held 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 12 November 2019 the defendant responded to an online strike call, with hundreds of protesters blocking Pedder Street and other key thoroughfares in Central, erecting barricades, damaging traffic lights and buses, destroying restaurant frontages, and throwing petrol bombs; the defendant joined others to form an “umbrella formation” and twice threw bricks into a tunnel. Ultimately, the defendant was arrested in the vicinity of Landmark, with a folding umbrella, spray paint and other items found in his backpack, and he admitted to three offences: riot, masking and intent to damage property.
Riot carries the principles of punishment and deterrence, requiring consideration of planning, the number of participants, the degree of violence, duration, damage and the roles involved; there are no set guidelines for masked unlawful assembly and possession of items intended to damage property, which generally result in immediate imprisonment.
The judge applied the twelve factors from the case of Leung Tin-kei, finding that although the defendant participated in roadblocks and brick-throwing, he did not lead or incite, no one was injured, and the violence was minor, the impact was serious. For riot, the starting point was four years, reduced to 30 months after discount for pleading guilty; for masked unlawful assembly, the starting point was six weeks, reduced to four weeks; for possession of spray paint, the starting point was three months, reduced to two months; the three sentences are to run concurrently.
The judge emphasised that the law has zero tolerance for violence that disrupts public order, and although the defendant’s participation was minor, the sentence must still be deterrent.
The defendant was sentenced to a total of 30 months’ immediate imprisonment, to be served concurrently, for riot, masked conduct in unlawful assembly, and possession of items with intent to damage property. (Translated from Chinese to English by AI)
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