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, on the night of 21 September 2019, the defendant first assembled with more than thirty people at a shopping mall in Yuen Long, wearing black clothing and masks, blocking the MTR gates, and damaging CCTV and fire-fighting equipment. In the early hours of the next day, they moved with the crowd to Kang King Street in the city centre, where, together with nearly a hundred protesters, they stopped two passers-by, using verbal threats, physical assaults with fists and feet, throwing hard objects and snatching mobile phones, causing multiple injuries and psychological trauma.
Based on the Public Order Ordinance provisions on unlawful assembly and riot and the Offences Against the Person Ordinance provision on intentionally causing harm, and with reference to sentencing guidelines from prior cases, with a comprehensive consideration of the number of participants, the degree of violence, the victims’ injuries and the extent of disruption to public tranquillity.
The defendant actively destroyed others’ and public property during the unlawful assembly phase; participated in surrounding a taxi, assisting in pulling and intimidating the victim during the riot phase; and, in the intentional harm phase, repeatedly kicked and beat another victim, causing serious injury. His actions disregarded public order and the personal safety of others. Although he pleaded guilty and submitted a psychiatric report, these do not constitute substantial mitigating factors.
The defendant admitted to some facts but claimed he was helping out of goodwill, which is inconsistent with video evidence. The judge did not accept his statement, considering that his violent conduct seriously harmed public tranquillity, and that the sentence should combine punishment with deterrence.
The defendant was sentenced to 15 months’ imprisonment for unlawful assembly, 70 months’ imprisonment for riot, and 48 months’ imprisonment for intentionally causing harm, to be served concurrently for a total of 57 months’ imprisonment, to be enforced immediately. (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 stated that on the evening of 21 September 2019, the defendant, together with multiple individuals, unlawfully assembled at Yoho Mall in Yuen Long, setting up roadblocks, damaging closed-circuit television cameras, and deploying a fire hose; in the early hours of the following day, the group intercepted passers-by on Kang King Street, using insults and threats to prevent their departure, forcing them to kneel, seizing their mobile phones and smashing them, and at the same time throwing water bottles and what appeared to be pepper spray at passers-by and a taxi. The conduct constituted unlawful assembly, unlawful detention, and rioting.
With reference to Sections 18 and 19 of the Public Order Ordinance and Section 101I of the Criminal Procedure Ordinance, and in accordance with the sentencing principles for riot cases established by the Court of Appeal and the Court of Final Appeal, including the scale of the riot, the degree of violence, the number of participants, the extent of individual participation, and aggravating factors.
The judge considered that the defendant took an active and proactive role in the riot, that the unlawful detention was severe and involved property destruction; although the defendant’s autism and guilty plea were grounds for some mitigation, their violent and brutal methods necessitated a deterrent sentence.
The judge emphasised that such public violence gravely violates social order, that appropriate sentencing is necessary to uphold the authority of the rule of law, and that both offences should be served concurrently as a warning.
The first defendant was sentenced to 20 months’ imprisonment for unlawful detention and 40 months’ imprisonment for rioting, with both sentences to be served concurrently, totalling 40 months, and was required to compensate HK$2,500 for the mobile phone damage within seven days; the third defendant was sent to a labour re-education centre for instruction and was required to compensate the merchant HK$7,000 for losses. (Translated from Chinese to English by AI)
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