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 approximately 12:15 pm to 3:40 pm, thousands of protesters responded to an online “Lunch with You” call and held an assembly around the junction of Pedder Street, Des Voeux Road Central and Connaught Road Central in Central. During this time, some maliciously damaged traffic lights, tore down railings, and used bricks and paint to set up roadblocks and vandalise buses and restaurants. They confronted the police multiple times and lit fires. The defendant was in the core area of the riot, wearing a mask and holding a folding umbrella, picking up bricks or creating roadblocks. He fled when the police issued flag warnings and deployed tear gas to disperse the crowd, and was ultimately arrested at an emergency exit in Landmark. At the conclusion of the trial, the court found the defendant guilty of the offence of riot and of using a face covering in an unlawful assembly.
Pursuant to section 19 of the Public Order Ordinance and regulation 3 of the Prohibition on Face Covering Regulation, it must be proven that there was an unlawful assembly, disturbance of public peace and an intention to participate; the face covering offence requires proof of using an item likely to prevent identification during the unlawful assembly.
The defendant deliberately remained at the scene during the riot, provided encouragement or actual support for the destructive acts, and carried and used protest equipment such as a mask and a folding umbrella; the defence’s claim that he was an innocent bystander or needed it for medical reasons was not accepted, and the evidence is sufficient to exclude reasonable doubt.
The judge considered the defendant’s testimony to be contradictory and inconsistent with objective footage and the scene; the cumulative weight of the circumstantial evidence is strong, the defendant was in the core area and evaded police investigation, and the only reasonable inference is participation in the riot and flight from prosecution.
The court found the defendant guilty and will pronounce sentence on another 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。
Court judgment states that the defendant, who is the eleventh defendant in this case, from noon on 12 November 2019 responded to an online strike call, gathering with thousands of protesters in Central around Pedder Street and Des Voeux Road Central, blocking the main road for over three hours. During that time, some people maliciously damaged traffic lights, sprayed paint and smashed bus windows, removed barriers and set up roadblocks consisting of plastic pipes with nails, bricks, and traffic cones. Furthermore, someone threw petrol bombs at a fire, causing a minor explosion. The defendant formed an umbrella barricade with others to confront the police and repeatedly swept bricks onto the carriageway and threw them into a vehicular tunnel; while fleeing, he was filmed holding a black umbrella, wearing black clothing and trousers and a blue mask. The police found a black folding umbrella, a black coat, a scarf, and a can of spray paint on him. The defendant has admitted at the committal hearing to three charges: riot, using a facial covering in an unlawful assembly and possession of articles with intent to destroy or damage property.
For the offence of riot, the principle is punitive and deterrent, referring to the Court of Appeal’s twelve sentencing considerations for riot; for the offence of using a facial covering in an unlawful assembly, immediate imprisonment is generally imposed; for the offence of possession of articles with intent to destroy or damage property, there is no fixed sentencing guideline and it is determined according to the circumstances of the case.
The benchmark sentence for the offence of riot is four years’ immediate imprisonment. Because the defendant pleaded guilty early, a one-third discount was applied, and a further two months were deducted on a discretionary basis for having no previous convictions and showing remorse, resulting in a final term of 30 months’ immediate imprisonment; for the offence of using a facial covering in an unlawful assembly, the sentencing benchmark is six weeks, and after a one-third reduction, an immediate imprisonment term of four weeks was imposed; for the offence of possession of articles with intent to destroy or damage property, the benchmark is three months, and after a one-third reduction, an immediate imprisonment term of two months was imposed; the three sentences will run concurrently.
The incident occurred in the financial and business centre of Central. The riot was serious but not the most extreme; the defendant only participated as part of the crowd, with no planning, incitement or direct violent acts, and no one was injured; the defendant has shown genuine remorse and a willingness to reform.
The defendant was sentenced to immediate imprisonment for all three charges, with a total sentence of 30 months, to be served concurrently. (Translated from Chinese to English by AI)
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