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, the two defendants and others participated in a riot outside the Admiralty government headquarters, using umbrella formations and obstacles to block Harcourt Road, throwing stones and petrol bombs at the police line, and setting fire under the footbridge, seriously disrupting traffic and damaging government buildings. The two secondary school students, aged 14 and 15 respectively, threw objects on three occasions, were subdued and arrested by the police, and pleaded guilty.
According to Section 19 of the Public Order Ordinance, the offence of “riot” carries a maximum sentence of 10 years, and the District Court can impose up to seven years. In the case of Leung Tin-kei, the Court of Appeal instructed that sentencing for riot must uphold public order and the rule of law, carry a strong deterrent effect, and take into account the case background and the rehabilitation needs of young people.
This case involved numerous protesters organising a riot; had the defendants been adults, the starting point for sentencing would have been at least four years’ imprisonment. Considering that they were only 14 and 15 at the time of the offence, had no prior convictions, and both psychiatric and correctional reports recommended training at a reformative centre to balance punishment and rehabilitation, with reference to a similar SWS case in which a 15-year-old rioter was sent to a reformative centre.
The court did not engage with political factors and did not accept ADHD and depression as special mitigation reasons; under the rule-of-law framework and the Young Offenders Ordinance, priority was given to the welfare of young people, balancing the public interest with the defendants’ prospects for rehabilitation.
The court ordered that the two defendants be detained in a reformative centre and undergo training. (Translated from Chinese to English by AI)
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