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 written judgment stated that the ten defendants were accused of taking part in an unlawful assembly on the night of 11 August 2019 along Nathan Road between Cox’s Road and Humphreys Avenue in Tsim Sha Tsui, Kowloon. During the incident, over a hundred people escalated it into a riot, throwing petrol bombs, bricks and other objects, and using metal barricades, scaffolding and umbrellas to block the entrances to the police station. They continuously shone laser beams at officers and banged objects to create noise, seriously disrupting public order. The police successively issued verbal warnings, raised black and orange flags, deployed tear gas and advanced along the road, stopping or arresting ten individuals dressed in black, wearing helmets, masks and goggles. The defendants either remained on their own, fled upon seeing the police, or fell and were subdued; they claimed they had insufficient opportunity to leave or that their equipment was solely for self-protection. However, based on CCTV footage and evidence from the police and members of the public, and taking into account each defendant’s attire, equipment, location and behaviour, the court found that, with the exception of the sixth defendant, the others intended to participate in the riot and had engaged in acts encouraging or supporting the disturbance of public peace, and accordingly convicted them.
According to section 19 of the Public Order Ordinance on the offence of riot, the maximum penalty is ten years’ imprisonment. The sentencing starting point was determined with consideration of the defendants’ identities, conduct and the circumstances at the scene.
The defendants were dressed in protest gear and carried various protective and offensive items, taking part in road blockades, throwing petrol bombs and other serious disruptions of public peace. Some attempted to flee or resisted arrest. They must be severely punished to curb disorder and stop violence; however, mitigating factors such as no prior convictions, their roles in the offences and voluntary surrender were also taken into account.
The judge considered that the actions that evening had exceeded the bounds of a peaceful protest, that the riot was large in scale and employed violent means, and that severe penalties were necessary to uphold the rule of law and protect public safety; those for whom there was no evidence of participation were acquitted to demonstrate judicial fairness.
Defendants one to five and seven to ten were convicted of riot and sentenced to varying terms of imprisonment; the sixth defendant was 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 11 August 2019, the ten defendants gathered on Nathan Road between Gascoigne Road and Humphreys Avenue in Tsim Sha Tsui. More than three of them, together with others, blocked the entrances and exits of the police station, created obstacles, removed bricks, threw bricks, petrol bombs and returned tear gas canisters, and shone laser lights at the police station and officers. This continued even as the police advanced, with defendants retreating while continuing to throw objects. The court inferred from the defendants’ positions, attire, equipment and conduct that they intended to further the disruption of order; except for the sixth defendant, the rest were convicted of rioting after the trial.
The maximum penalty for rioting is ten years’ imprisonment; sentencing must consider whether the offence was premeditated, the number of participants, the level of violence and use of weapons, the duration and extent of the incident, the harm to the police and the public and damage to property, and whether other offences were committed, with an emphasis on punishment and deterrence.
In this case, the riot was directed at a police station, involved two petrol bombs and continuous throwing of objects, and was of moderately high violence; although the defendant did not directly commit violence, their gathering with equipment bolstered the destructive momentum; there is no evidence of premeditation or commission of other offences; considering the defendant’s age, letters of mitigation and manner of participation, a reduction of three to six months in sentence is granted.
Immediate imprisonment is the only appropriate measure, as the riot seriously threatens the rule of law and public safety; however, limited mitigation may be afforded by taking individual backgrounds into account.
Nine defendants (excluding the sixth defendant) were each sentenced to between three years and three years and nine months’ imprisonment. Some defendants received a reduction of three to six months due to mitigating factors such as their studies, work and family background, resulting in final sentences ranging from three years and six months to three years and nine months. (Translated from Chinese to English by AI)
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