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。
According to the judgment, in November 2019 protests at the Hong Kong Polytechnic University escalated over consecutive days, with hundreds of protesters occupying the campus and confronting the police. Calls on social media urged dispersing the police force by using a “besiege Wei to rescue Zhao” tactic, moving into the Yau Tsim Mong area to break through the police line. Protesters repeatedly hurled petrol bombs, causing explosions. The police deployed tear gas, rubber bullets, and water cannon to disperse them and conducted sweeps through back alleys around Houfu Street, during which five defendants were arrested in the Houfu Street vicinity and charged with riot.
According to Section 19 of the Public Order Ordinance, the offence of riot carries a maximum sentence of ten years’ imprisonment.
The court, considering the defendants’ location and timing, attire and personal items, determined they were not innocent bystanders but wore protest gear to support and encourage rioters, participating in or facilitating conduct that disrupted public order.
The judge ruled that riots are highly fluid; circumstantial evidence is of equal probative value to direct evidence, and the accumulated facts suffice to demonstrate the defendants’ intent to participate and their actual participation in the riot.
The defendants were convicted; sentencing will be held on a separate hearing date. (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 notes that, between 18 and 19 November 2019, a large number of protesters gathered around the Hong Kong Polytechnic University (including Chatham Road South, Observatory Road, Kimberley Road and Ho Fuk Street) to confront the police by blocking roads with debris and throwing petrol bombs, intending to “besiege Wei to rescue Zhao” to help the campus protesters escape. After multiple warnings, the police used tear gas, rubber bullets and water cannon to disperse them. The five defendants were arrested at Ho Fuk Street and Canada Lane, and after trial or guilty pleas were all convicted of participating in a riot.
Under Section 19 of the Public Order Ordinance, the offence of riot carries a maximum penalty of ten years’ imprisonment, and in the District Court defendants may be sentenced to up to seven years’ imprisonment; the Court of Appeal has stated that sentences must be deterrent in order to maintain public order.
The protesters assembled in large numbers, prepared and used petrol bombs, and even targeted police officers, all of which are aggravating factors; riot is a collective offence and must be assessed as a whole; flammable solvent was detected on the fireproof gloves of the second, third and fifth defendants, indicating a higher level of involvement, warranting increased sentences.
The court does not take political background into consideration, emphasises that the rule of law and public peace must not be undermined by violence, and that violent acts against law enforcement officers must be severely punished, in order to demonstrate society’s resolve to reject unlawful rioting.
Ultimately, the five defendants were sentenced to imprisonment as follows: the first defendant for 41 months, the second defendant for 48 months, the third defendant for 37 months, the fourth defendant for 41 months, and the fifth defendant for 48 months. (Translated from Chinese to English by AI)
查看完整判刑理由書