判決理由書／裁決書撮要(由AI生成)
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The judgment states that on 11 August 2019, ten defendants, together with others, took part in an unlawful assembly in the area of Nathan Road and Pak Lai Avenue between Austin Road and Kan Fu Lee Road in Tsim Sha Tsui, Kowloon, which escalated into a riot. During the riot, individuals threw petrol bombs, bricks and tear gas canisters, shone laser beams at police stations, held up umbrella formations and used metal barricades to block roads, engaging in acts that disrupted public tranquillity. The prosecution relied on recorded video footage, police testimony and environmental evidence such as the defendants’ clothing and equipment to infer that each defendant intended to participate in the riot and encouraged others to do so. After considering all the evidence, the court found all the defendants guilty except for the sixth defendant.
According to section 19(1) and (2) of the Public Order Ordinance, the offence of riot carries a maximum sentence of ten years’ imprisonment.
The defendants were not merely passive bystanders: they remained at the scene of the riot, fled and struggled, and used black clothing and equipment as well as large quantities of cable ties, masks and umbrella formations to conceal their identities and encourage and support others in disrupting public tranquillity. Their conduct fanned the spread of the riot and warrants appropriate punishment to serve as both retribution and deterrence. The sixth defendant was acquitted due to insufficient evidence.
The judge held that riot is a serious offence against public order, and that participation in the crime is characterised by being present at the scene with the awareness and intent to carry out a riot together with others, without the need for an individual to personally commit violent acts. The defendants’ clothing, equipment and presence at the scene were sufficient to infer an intention to participate, and thus they should be convicted.
The court acquitted and released the sixth defendant, found the remaining nine defendants guilty of the offence of riot, and will pronounce their sentences at a subsequent sentencing hearing. (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 11 August 2019 the nine defendants gathered in excess of three people on Nathan Road and Bute Street between Austin Road and Granville Road in Tsim Sha Tsui. During this time, many individuals obstructed the entrance and exit of the police station, constructed barricades with miscellaneous items and recycling bins, shone laser beams at officers, threw petrol bombs, bricks and tear gas canisters at the station, and pried up pavement bricks beneath the umbrella formation. Although there is no evidence that any defendant individually committed an act of direct violence, their black attire, equipment and the purpose of their gathering indicated an intention to assist and encourage the disruption of social order, and the court therefore convicted them jointly of the offence of rioting.
The maximum penalty for rioting is ten years’ imprisonment. According to case law and the principles established in the Pilgrim case, twelve factors must be considered: whether the riot was premeditated, the number of participants, the degree of violence and use of weapons, the duration, the harm caused to public safety and property, the attacks on law enforcement officers, and the defendant’s role and level of participation, among others.
In this case, the rioters deliberately besieged and attacked the police station in a group exceeding one thousand people for over two hours, severely disturbing public order. Although the defendant did not directly throw any objects, he was pre-equipped at the scene and incited others to disrupt social order by gathering and shouting, showing a clear intention to participate in the riot, and was not involved in the organisation or other offences. Considering his lack of prior convictions, his age, and his academic or work performance after the incident, the court exercised its discretion to grant an appropriate reduction in sentence.
Immediate custody is the only suitable measure; given that the defendant did not engage in direct violence and there are strong grounds for mitigation, up to a three-month reduction is permitted; however, due to the serious nature of the riot, punishment and deterrence must remain the primary sentencing principles.
The starting point for the sentence was three years and nine months. After individual reductions, defendants 1, 2, 3, 7, 8 and 10 were each sentenced to three years and six months’ imprisonment, while 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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