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 on 12 November 2019 from noon to afternoon, the defendants participated in a riot at the junction of Pedder Street, Des Voeux Road Central and Connaught Road Central in Central. Protesters blocked roads, damaged buses and traffic facilities, set up roadblocks and threw bricks and petrol bombs; the defendants picked up and transported bricks, used umbrellas to shield the destructive acts, and wore masks to conceal their identities. After the police deployed tear gas to disperse the crowd, the three escaped via a circuitous route and were eventually arrested at an emergency exit in The Landmark.
In accordance with Section 19 of the Public Order Ordinance concerning the offence of riot and the prohibition on masking under Chapter 241K of the Emergency Regulations, and with reference to the Court of Final Appeal’s guidelines on the intent to participate, the cumulative effect of environmental evidence and flight behaviour in offences of unlawful assembly and riot.
Taking into account that the defendants remained in the core area of the riot for a prolonged period, chanted slogans, picked up and transported bricks, formed an umbrella shield to conceal destructive acts and masked themselves to evade detection, and had no reasonable excuse, it sufficiently demonstrates their subjective intent to participate in the riot and that their actions seriously endangered public order, warranting lawful punishment.
The judge held that the three were not innocent bystanders but prepared participants who deliberately stayed behind to support the riot; the footage and evidence corroborated one another with no doubt, and conviction was necessary.
The court found the three defendants guilty of riot and of contravening the prohibition on masking, and deferred sentence. (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, in response to an online call, the defendant joined over a thousand protesters in Central to block roads and paralyse traffic. They removed paving stones and railings, set up barricades of debris and nails, vandalised traffic lights and buses, set fire to the roadblocks, hurled Molotov cocktails, and threw bricks at police officers. The defendant was filmed repeatedly throwing bricks into the vehicular tunnel and forming an “umbrella formation” with others to resist dispersal. He was eventually arrested at the entrance to Landmark, and police found umbrellas, masks, spray paint and other items in his backpack.
In accordance with the sentencing principles for riot established in the case of HKSAR v Leung Tin-kei and the twelve related considerations, the sentencing benchmark for riot is immediate imprisonment starting at four years; using face coverings during an unlawful assembly carries a maximum of one year’s imprisonment; and possession of items intended to damage property has no fixed sentencing benchmark, generally set at a few months as a reference.
The judge considered this to be a serious riot but not the most severe. The incident took place in a financial and commercial district, causing significant impact. However, the defendant was only a participant, with no organisational role, incitement or serious violence. He pleaded guilty at the earliest opportunity, displayed genuine remorse, and had no prior convictions. Accordingly, the sentence was reduced from the baseline.
The judge noted that the defendant’s conduct was less severe than in similar cases. Although he participated in road obstruction and brick-throwing, no one was injured and there was no major property damage. The judge applied the four-year starting point for riot, allowed a one-third reduction for the guilty plea, and further reduction for personal circumstances and remorse, ultimately sentencing him to thirty months’ immediate imprisonment.
The defendant was convicted on all three charges and all sentences were ordered to run concurrently, totalling thirty months’ immediate imprisonment. (Translated from Chinese to English by AI)
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