判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 18 November 2019, anti-extradition protesters gathered at the junction of Nathan Road and Waterloo Road in Yau Ma Tei to erect roadblocks. They used improvised shields, wooden boards and other makeshift defences to throw over 251 petrol bombs and various objects at the police, and shone laser beams at the force, causing dense smoke and explosions to continue for more than forty-five minutes. At 00:26 the following day, the police deployed the riot squad and the Spear unit to carry out a containment and dispersal operation, and established cordons at key locations such as MTR exits A1 and A2 and Pitt Street, subsequently subduing and removing 209 people in groups, including the defendant.
According to Section 19 of the Public Order Ordinance (Cap. 245) of Hong Kong Law, the maximum penalty for rioting is ten years’ imprisonment
The defendant was in the core area of the riot, conspired with others and participated in attacking the police with high-risk incendiary devices, seriously undermining public order and safety, posing a high degree of social danger; he must be severely punished to have a deterrent effect
The rioting went beyond peaceful assembly, using violence and incendiary weapons to attack public order with no lawful justification; a heavy sentence must be imposed to uphold the rule of law and public safety
All defendants were convicted of the offence of rioting. Except for the seventh defendant, whose charge of possessing an offensive weapon or instrument fit for unlawful purpose was not upheld, all other charges were sustained, and they were each sentenced to fixed-term imprisonment in accordance with the statutory sentencing range. (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，the defendants on 18 November 2019 formed a “front” with about 1,500 protesters along Nathan Road in Yau Tsim Mong District，using umbrellas and wooden boards to construct barricades，and threw more than 250 petrol bombs and miscellaneous items，confronting and attacking the police multiple times，causing fires in various parts of the street，damage to public facilities and injuries to four officers。The incident was part of the continuation of the Polytechnic University occupation，with protesters preparing masks，gas masks，helmets and materials to make petrol bombs in advance，the operation being premeditated and organised。The three defendants were arrested when the police launched the encirclement operation and pleaded guilty to rioting。
According to Chapter 245 of the Public Order Ordinance on the offence of rioting，the maximum penalty is ten years’ imprisonment，the sentencing starting point is established by precedent as five years’ imprisonment；sentencing must reflect the law’s resolve to maintain public order，being punitive and sufficiently deterrent。
This riot was premeditated，organised，on a large scale and lasted for over an hour，with protesters attacking the police with weapons and seriously disturbing social peace，causing property damage and casualties，constituting a serious public order offence requiring severe punishment。The three defendants pleaded guilty to the charges，meeting the court’s sentencing reduction guidelines and may receive a 20% to 25% sentence reduction。
Rioting disregards the rule of law and poses a serious threat to the safety of law enforcement officers and the public，and without strong deterrence，it will be difficult to prevent similar violent incidents from recurring；although the three defendants did not play a leading role，their participation and equipment demonstrate endorsement of and encouragement for collective violence，requiring severe punishment。
After considering that the three defendants’ guilty pleas may warrant a 20% to 25% reduction，the court reduced the five-year sentencing starting point to 45 months，and each of the three defendants was sentenced to 45 months’ imprisonment。 (Translated from Chinese to English by AI)
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