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, the defendant, together with others, blocked roads, chanted slogans and collected and transported bricks at the riot site around the junction of Pedder Street, Des Voeux Road Central and Connaught Road Central in Central. They also used an umbrella shield formation to conceal the destruction of a double-decker bus and the throwing of petrol bombs. After the police issued warnings of unlawful assembly and of the use of tear gas, the defendant fled along a designated route and was eventually arrested outside the emergency exit of Landmark. Defendants 5 and 9 wore masks during the unlawful assembly, contravening the anti-mask regulation; Defendant 3 admitted the offence of masking under that regulation.
Pursuant to section 19 of the Public Order Ordinance concerning the offence of riot and regulation 3 of the anti-mask regulation under Chapter 241K of the Emergency Regulations Ordinance, the prosecution must prove beyond reasonable doubt that the defendant participated in the riot and wore a mask at the unlawful assembly. Sentencing is then determined at the court’s discretion, having regard to the seriousness of the offence and the defendant’s degree of culpability.
The three defendants deliberately remained within the core area of the riot, chanted slogans, assisted in shielding the acts of destruction and evaded police identification. They did not admit their conduct, which was also undermined by video evidence. Their actions meet the elements of the offences of riot and contravening the anti-mask regulation, and the defence’s reasonable explanations were not accepted.
The judge held that the defendants were not innocent bystanders but deliberate participants who had come prepared and supported the riot. Their conduct fuelled the riot’s momentum, and their use of protest equipment and masking should be punished in accordance with the law.
The three defendants were convicted of the offences of riot and of using masking items during an unlawful assembly (Defendant 3 also admitted to the offence under the anti-mask law). The court will hold a separate sentencing hearing at a later date to determine the appropriate sentences. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 call and gathered in the area of Pedder Street in Central, obstructing the roads. During this period, some people damaged traffic lights, removed paving stones, erected barriers, damaged buses and restaurant façades, set miscellaneous items on fire, and threw petrol bombs and bricks. The defendant formed an ‘Umbrella Formation’ with other protesters to confront the police, and on two occasions swept bricks onto the carriageway and threw them into a traffic tunnel. Subsequently, the defendant was arrested in the vicinity of the Landmark and black folding umbrellas, spray paint and other items were seized. The defendant pleaded guilty, admitting to the offences of rioting, using a face covering during an unlawful assembly, and possession of an article with intent to destroy or damage property.
The sentencing benchmark for the offence of rioting is immediate imprisonment for 4 years, with a one-third reduction for a guilty plea; the benchmark for using a face covering during an unlawful assembly is immediate imprisonment for 6 weeks, with a one-third reduction for a guilty plea; and the benchmark for possession of an article with intent to destroy or damage property is imprisonment for 3 months, with a one-third reduction for a guilty plea.
The defendant’s participation was a result of following the crowd, with no premeditation or leadership role, the level of violence was minor and no one was injured; the defendant showed a good attitude in pleading guilty and genuine remorse, and has no previous convictions; all three charges arose from the same incident, so a reduction in sentence and concurrent terms are considered.
Although rioting is a serious public order offence, this case is not of the most severe type; the defendant’s personal conduct was relatively mild, no spray paint was used, and he was a minor participant; taking into account the evidence carried and the on-site behaviour, a moderate sentence is imposed with a view to both punishment and deterrence.
The defendant was sentenced to immediate imprisonment of 30 months for the offence of rioting; immediate imprisonment for 4 weeks for using a face covering during an unlawful assembly; and immediate imprisonment for 2 months for possession of an article with intent to destroy or damage property; the three sentences will run concurrently. (Translated from Chinese to English by AI)
查看完整判刑理由書