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 the ten defendants assembled on Nathan Road and Pak Lai Avenue between Austin Road and Camford Road in Tsim Sha Tsui, Kowloon. During that period they, together with a large crowd outside the police station, surrounded and carried out acts of disrupting public tranquillity, including throwing bricks and petrol bombs, shining laser beams at the police station, erecting umbrella barricades and metal obstacles to block roads, digging up and smashing road bricks, and throwing police tear gas canisters back at officers, thereby committing the offences of unlawful assembly and riot. From 18:35 that evening, acting on orders from superiors, the police advanced south along the southbound lane of Nathan Road to disperse the crowd, and detained the ten defendants within the riot area between 19:35 and 20:00. The court, relying on recorded video footage and witness testimony, and considering each defendant’s clothing and equipment, movements, attempted flight and resistance, used environmental evidence to infer their common intent to participate in the riot, convicting nine of them and acquitting one.
Pursuant to Section 19 of the Public Order Ordinance (Cap. 245) of the Laws of Hong Kong, the offence of riot carries a maximum sentence of ten years’ imprisonment.
Having regard to the defendants wearing equipment commonly used by protesters and systematically conspiring together to carry out acts disrupting public tranquillity during the riot, the circumstances are serious and warrant punishment and deterrence.
The judge held that riot is a high-risk offence; participants collectively disrupted public order, causing great harm to society. The defendants neither departed in a timely manner nor refrained from mobilising others, demonstrating a common intent, and thus strict sentencing is appropriate.
The Court found the sixth defendant not guilty, while the remaining nine defendants were convicted of riot. Sentencing was adjourned to the twentieth of next month, and all defendants remain in custody pending sentence. (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 11 August 2019, between approximately 6:38 pm and 8:00 pm, the ten defendants, together with an unspecified number of others, gathered on Nathan Road and Pak Lai Avenue between Austin Road and Granville Road in Tsim Sha Tsui, Kowloon, where they obstructed roads, placed debris, threw bricks and at least two petrol bombs, shone lasers at the police station and threw tear gas canisters back at officers, thereby disturbing public peace. After finding that their assembly was unlawful, their actions were characterised as a riot under section 19 of the Public Order Ordinance. Except for the sixth defendant, the remaining nine were convicted following trial, and their attire, equipment and positions at the scene were taken as evidence of their intent to incite the riot through show of force.
The maximum penalty for riot is ten years’ imprisonment. Following the precedent in HKSAR v Tang Ho Yin and others, factors to consider include the degree of violence, number of participants, use of weapons, duration, extent of threat and disruption caused, injuries to public officers, the defendant’s role, and whether they incited or committed other offences.
In this case the riot was directed at a police station, involved the use of petrol bombs and instilled widespread public fear, with over a thousand participants at its peak. Although there was no direct evidence that each defendant threw such devices, they were all equipped beforehand and assembled at the scene to encourage destruction, acting as co-conspirators. The violence was not minor. As none pleaded guilty at trial, no discount applies; the usual starting point was set at three years and nine months. A three-month reduction was granted for those with significant commitments to study, work or family responsibilities.
I am of the view that this riot seriously disrupted social order and challenged the rule of law. By occupying the road and besieging the police station, it had a major impact on public safety and police operations. Immediate imprisonment is therefore the only appropriate sentence.
Each defendant was sentenced to immediate imprisonment ranging from three years to three years and nine months, according to their level of involvement, age and mitigation factors. (Translated from Chinese to English by AI)
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