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 notes that, in November 2019, a series of intense demonstrations broke out at the Polytechnic University, and the police confronted protesters around Chatham Road South and Austin Road South. At about 02:30 the following morning, approximately one hundred protesters manufactured and hurled petrol bombs in the rear lanes of Cameron Road, and transported incendiary devices by trolley to the areas of Observatory Road, Kimberley Street and Houfu Street to attack the police. The police used tear gas, rubber bullets and water cannon to disperse them; the protesters scattered and fled into adjoining building alleys and premises to conceal themselves. In this coordinated sweep operation, the police successively stopped and arrested the five defendants at over ten locations in the buildings at Nos. 7-7A and 5-6 Houfu Street, and charged them with rioting.
Under section 19 of the Public Order Ordinance, rioting is a participatory offence, requiring proof that the defendant, during the transformation of an unlawful assembly into a riot, had the intention to participate and to join others in disrupting public order; sentencing is guided by the Court of Final Appeal’s precedents on the offence of rioting and by the statutory maximum penalty.
The five defendants were present at the scene of the riot, some carrying materials for manufacturing or throwing petrol bombs, gas masks, gloves and spray paint, and, when the police advanced, fled with others into rear alleys and buildings to evade arrest, demonstrating their intention to participate in and encourage others to undermine public order.
The CCTV footage, eyewitness testimony and on-site evidence in this case cumulatively form a body of environmental evidence. The defendants were not mere passers-by but participated in the unlawful assembly in various forms during the riot, which suffices for conviction.
The court found the five defendants guilty of rioting and will pronounce individual sentences in due course. (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, from 18 to 19 November 2019, five defendants responded to a call on social media, gathered with other protesters around the Hong Kong Polytechnic University, manufactured and hurled petrol bombs in an attempt to divert police resources to rescue protesters inside the Polytechnic University, and clashed with the police in the areas of Chatham Road South, Kimberley Street, Kimberley Road and Ho Fuk Street. During the confrontations, they also attempted to throw weapons at officers, and were eventually arrested at various locations.
Pursuant to sections 19(1) and (2) of the Public Order Ordinance, the maximum penalty for rioting is 10 years’ imprisonment, and the District Court may impose up to 7 years; reference is also made to the Court of Appeal’s determination in the case of Edward Leung Tin-kei regarding the resolve to uphold public order and the 12 sentencing factors.
In this case, the protesters were organised and carried petrol bombs with the intent to attack police and divert police resources, which is extremely serious; the principles of joint criminal enterprise and the use of weapons and incendiary devices constitute aggravating circumstances; having regard to the fact that none of the defendants had any prior convictions, and that the third defendant pleaded guilty on the first day of the trial, saving time, a discretionary reduction was granted.
Violent attacks on public order and the safety of law enforcement officers must be met with severe punishment and serve as a strong deterrent; unlawful rioting is intolerable, and sentencing must reflect the firm resolve of a society governed by the rule of law to safeguard public peace.
The defendants were respectively sentenced to imprisonment as follows: the first defendant 41 months, the second defendant 48 months, the third defendant 37 months, the fourth defendant 41 months, and the fifth defendant 48 months. (Translated from Chinese to English by AI)
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