判決理由書／裁決書撮要(由AI生成)
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According to the written judgment, on the afternoon of 29 September 2019, hundreds of protesters marched from Causeway Bay to outside the Admiralty Government Headquarters without a lawful assembly notice, which escalated into a large-scale riot. The protesters threw petrol bombs and bricks at the police line, and the police issued warnings over loudspeakers and used tear gas and water cannon to disperse them. Defendant 1, passing through the scene, was affected by tear gas and entered a public toilet to wash his eyes; Defendant 2, claiming to be making field recordings, used his mobile phone to capture material on site; Defendant 3 participated fully equipped and clashed with officers. Based on CCTV footage, police recordings and witness testimony, the court found that all three took part in the riot, but the charge of assaulting police against Defendant 3 was not established due to insufficient evidence.
According to the precedent established in the Lo Kin-man case, penalties are measured by considering the defendant’s level of participation, the degree of violence at the scene, and the use of equipment.
All three defendants were in the core area of the riot; although they may not have thrown anything themselves, their attendance and protective gear clearly supported the riot; the charge of assaulting police against Defendant 3 was not upheld due to insufficient evidence, applying the principle that doubts should be resolved in favour of the defendant.
The defence’s reasons of washing their eyes or covering the event for artistic purposes are unconvincing and the conduct is consistent with participation in a riot, thus the riot offence is established; the evidence for assaulting police is in doubt and should not lead to a conviction.
The three defendants were convicted of the primary riot offence, the assault on police charge was not upheld, and the court will set another date to announce the sentence. (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 on 29 September 2019 approximately 500 protesters gathered outside the Government Headquarters. The protesters formed an “umbrella formation” to block roads and threw petrol bombs, bricks and hard objects at police officers and government buildings, resulting in traffic paralysis and severe public disorder. After numerous warnings and the deployment of water cannon and tear gas, the police arrested six defendants that evening, all of whom pleaded guilty and were held responsible for riot offences.
The maximum penalty for a riot is ten years’ imprisonment. There is no fixed guideline; reference is made to the considerations listed by the Court of Appeal, including the scale of participation, degree of violence, planning and the role of the defendant.
Because the riot was large-scale, organised, equipped and involved the throwing of dangerous objects, although most of the defendants were first-time offenders and submitted mitigation, immediate custodial sentences were necessary to achieve a deterrent effect; for those who were young or had significant mental or physical factors, placement in a training centre was imposed.
The judge considered that the six defendants were all young individuals without previous convictions, who, influenced by group mentality and external instigation, lost their rationality and should be held accountable for their actions; he also called on those orchestrating events behind the scenes to bear responsibility.
Four defendants were each sentenced to 36 months’ imprisonment, one defendant was sentenced to 30 months; another defendant, due to youth and mental and physical factors, was sent to a training centre under the Criminal Procedure Ordinance. (Translated from Chinese to English by AI)
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