判決理由書／裁決書撮要(由AI生成)
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The judgment stated that on the evening of 11 August 2019, over one hundred protesters gathered on Nathan Road between Austin Road West and Cameron Road in Tsim Sha Tsui, Kowloon. During this time, they disrupted public order by blocking the police station’s entrances and exits, throwing bricks and petrol bombs, and using laser beams to attack officers. The police repeatedly issued warnings via loudspeaker and displayed warning flags before deploying tear gas, then advanced along Nathan Road and Salisbury Road to disperse the crowd, subsequently stopping and arresting ten defendants on Salisbury Road and Kimberley Road. The court found the riot charges proven against nine of the defendants, while the sixth defendant was acquitted.
Sentencing must be in accordance with Section 19 of the Public Order Ordinance for the offence of riot, taking into account the nature of the defendant’s conduct during the riot, their level of participation, and the impact on public safety.
The convicted defendants wore attire resembling that of rioters and carried various riot-control and offensive equipment, participated in besieging the police station and in acts of disrupting public order such as throwing petrol bombs and bricks, thereby causing significant harm to public order; the sixth defendant was acquitted due to insufficient evidence.
The judge held that large-scale riots pose a serious challenge to public safety and the rule of law, requiring severe sentencing as a warning, while also addressing the needs of rehabilitation and social stability.
The court ultimately acquitted the sixth defendant of the riot charge, while convicting the other nine. (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 court’s reasons stated that on 11 August 2019, between approximately 18:38 and 20:00, over one thousand people gathered in the Nathan Road and Salisbury Road area of Tsim Sha Tsui, Kowloon, dressed in black, wearing helmets and masks, obstructing traffic lanes and targeting the Tsim Sha Tsui Police Station by throwing petrol bombs, bricks and tear gas canisters, and using lasers to shine on officers. The nine defendants were inferred to have intended, through the assembly, to encourage and assist in disrupting public order, were classified as participants in a riot and were convicted.
Under Section 19 of the Public Order Ordinance, the offence of riot is punishable by up to 10 years’ imprisonment; the court cited the three principal guidelines and various factors identified in the Tang Ho Yin and Pilgrim cases—including the level of violence, number of participants, scale of the assembly, target (police station), use of weapons and assistance to the crowd—with punishment and deterrence as the primary objectives.
The judge held that the defendant had merely encouraged others to disrupt order at the scene, with no evidence of direct violence or premeditation, but that the conduct posed a serious threat to public safety, warranting immediate imprisonment. Taking into account factors such as the manner of participation, lack of previous convictions, diligence in study and attitude to work during remand, the starting point for the sentence was set at 3 years and 9 months, with a reduction of three to six months granted in each case according to the circumstances.
The court emphasised that for the offence of riot, conviction and sentencing must reflect the collective conduct of all participants, recognising the threat posed by group violence to the rule of law and public safety, with punishment and deterrence as core objectives, and that the exercise of discretion to allow reasonable sentence reductions should be undertaken cautiously within the overarching framework.
Except for the sixth defendant, who was acquitted, the remaining nine defendants were immediately imprisoned following trial: three were each sentenced to 3 years and 9 months’ imprisonment, and the other six were each sentenced to 3 years and 6 months’ imprisonment. (Translated from Chinese to English by AI)
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