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 at around 4:00 pm on 29 September 2019, approximately 500 protesters gathered outside the Government Headquarters in Admiralty and occupied the eastbound and westbound lanes of Harcourt Road to obstruct government operations. During this time, they repeatedly threw petrol bombs and other hard objects at the Government Headquarters and set fire to barricades. The police issued multiple warnings with yellow, blue and black flags and deployed water cannons and tear gas, but these proved ineffective. Consequently, ground forces suddenly surged out from several exits of the Government Headquarters and, approaching from various directions, subdued and arrested the eleven defendants one by one. At trial, the prosecution relied on CCTV footage, police and expert identification evidence, while the defence questioned the extent of the riot and the identities of the defendants. The court, having considered all the evidence, found that each defendant was present at the scene of the riot and intended to participate in or encourage it, and accordingly convicted them as charged.
Under section 19 of the Public Order Ordinance, riot is punishable by up to life imprisonment; in sentencing, regard must be had to the nature of the riot, the degree of participation, the level of violence and the societal harm caused.
The defendants were all within the riot area and came prepared with equipment, showed no remorse or surrendered, and their violent actions severely disrupted public order; punishment is necessary to deter and uphold the rule of law.
The court found that the defendants were not mere bystanders but were assisting and inciting the riot; they must be firmly condemned to maintain social stability and public safety.
All eleven defendants were convicted of riot; sentencing will take place at a later 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 states that at around 4 pm on 29 September 2019, approximately 500 protesters gathered outside the Hong Kong Government Headquarters, occupying both the eastbound and westbound lanes of Harcourt Road, throwing debris and petrol bombs at the headquarters, setting fires and damaging water-filled barricades. Despite multiple police warnings, the protesters continued their violent acts for over 20 minutes until about 16:48. The police then suddenly charged out from various exits, dispersing the crowd and arresting 11 defendants at the scene. After trial, each defendant was convicted of riot under Section 19 of the Public Order Ordinance (Cap. 245).
With reference to previous riot cases and the principles established in the Leung Tin-kei case, the sentencing starting point is 4 to 5 years’ imprisonment, subject to adjustment depending on the scale of the riot, the degree of violence, the role of the defendant and their actual conduct.
In this case the riot erupted suddenly, was large in scale, involved the use of petrol bombs and arson, posing a significant threat to the Government Headquarters; the defendants did not occupy leadership or incitement roles, have good backgrounds, no prior convictions, show remorse and cooperated with the court to save resources; it is appropriate to moderately reduce the sentence from the starting point.
It is held that the defendants assisted and encouraged participants without holding leadership or organisational roles; sentencing must balance deterrence and rehabilitation needs, and for younger defendants greater consideration should be given to treatment in a training centre.
The fourth and eighth defendants were both sentenced to be detained in a training centre, and the remaining defendants were each sentenced to three and a half years’ imprisonment. (Translated from Chinese to English by AI)
查看完整判刑理由書