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 11 August 2019, the ten accused gathered with others around Nathan Road and Pak Lai Avenue between Austin Road and Camford Road in Tsim Sha Tsui, Kowloon, blocking the entrances and exits of the police station, throwing petrol bombs and bricks, shining laser beams, lifting paving slabs from the footpath to create obstacles, and erecting umbrella barricades, thereby disrupting public order and forming an unlawful assembly, classified as a riot under Section 19. The court found that the police had repeatedly used loudhailers and warning flags to instruct them to leave immediately, and after coming under attack deployed tear gas and advanced to disperse them; the accused had ample time and opportunity to depart, but except for the sixth defendant, the other nine remained and assisted others in breaching the peace.
Based on Section 19 of the Public Order Ordinance relating to the offence of riot and relevant case law, taking into account the extent of the defendants’ participation in the riot, the equipment they carried and the dangerousness of their actions, and in accordance with the statutory sentencing guidelines, the basic range of imprisonment is determined.
The defendants wore protest protective gear, carried anti-gas supplies and cable ties, plainly indicating an intention to participate in the riot, and used these to encourage and support others in disrupting public order, constituting highly dangerous conduct; they refused to leave despite multiple warnings during the incident, demonstrating a wilful disregard for public order, and must therefore receive heavy sentences as a deterrent.
The judge considers that the defendants were not passive observers but, through their presence and equipment, affirmed solidarity with like-minded individuals, fuelling the riot’s momentum and posing a significant threat to the rule of law and social tranquillity; therefore, no leniency is extended in their convictions.
Defendants 1 to 5 and 7 to 10 are convicted of the offence of riot, with sentencing to be determined in a separate proceeding; defendant 6 is found not guilty and is acquitted and released. (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 11 August 2019, the defendants assembled on Nathan Road and Park Lane between Austin Road and Kanfulisi Road, erected barricades, threw petrol bombs and bricks, directed lasers at the police station and threw tear gas canisters back, causing serious disruption to the police station and public order. Except for the sixth defendant, the other nine were convicted of rioting after trial.
Under Section 19 of the Public Order Ordinance, the maximum penalty for rioting is ten years’ imprisonment; sentencing refers to case law and considers factors such as the nature of the gathering, level of violence, scale, duration and targets.
Given that the riot involved over a thousand participants, besieged the police station and repeatedly used violence, the starting point was set at three years and nine months; after considering the defendants’ age, educational or family background, post-offence conduct and mitigation factors, the sentence for each was reduced by three to six months.
This riot directly challenged police law enforcement and the rule of law, posed a serious threat to public safety, and immediate imprisonment is necessary to achieve punishment and deterrence.
All defendants were immediately imprisoned: Defendants 1, 2, 3, 7, 8 and 10 were each sentenced to three years and six months’ imprisonment; Defendants 4, 5 and 9 were each sentenced to three years and nine months’ imprisonment. (Translated from Chinese to English by AI)
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