判刑理由書撮要(由AI生成)
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The judgment states that on the afternoon of 29 September 2019 the two defendants participated in a global anti-totalitarian march, which proceeded from Causeway Bay to outside the Government Headquarters in Admiralty. During this time, some protesters obstructed roads on Hennessy Road and on the pedestrian footbridge, set up an umbrella formation and threw petrol bombs and incendiary materials at the police line; some also set fires beneath the footbridge. At approximately 4:47 pm, the two defendants each threw stones and other hard objects at the Government Headquarters on three separate occasions. Their actions were captured on CCTV and they were subdued and arrested when the demonstration stormed the Government Headquarters. At the time of the incident they were 14 and 15 years old respectively and attending secondary school. On 17 May 2021, they pleaded guilty to a charge of riot in the District Court.
Pursuant to section 19 of the Public Order Ordinance, the maximum penalty for riot is 10 years’ imprisonment. In the District Court the maximum sentence is 7 years. The sentencing principles summarised by the Court of Appeal in relevant cases must be applied, weighing factors such as the impact on public order, the scale of the protest and the defendant’s level of responsibility.
In view of the large scale of the protest, the targeting of the Government Headquarters causing traffic obstruction and the use of fire-based attacks, the circumstances are serious. Were the defendants adults, the starting point for sentencing would be at least 4 years’ imprisonment; however, since they are juveniles, priority should be given to their rehabilitation needs. By reference to precedents in similar youth cases, a custodial order is appropriate to balance deterrence and education.
The judge considered that political background should not be taken into account in sentencing, and accepted the views of the Correctional Services Department and the psychiatric report, concluding that the two defendants are suitable for placement in a training centre. The judge did not accept their attention deficit hyperactivity disorder and depression as special reasons for mitigation.
Sentenced the two defendants to detention and training at a labour training centre. (Translated from Chinese to English by AI)
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