判決理由書／裁決書撮要(由AI生成)
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The judgment stated that the defendants participated in a riot on 1 October 2019 near Lung Cheung Road in Wong Tai Sin, confronted the police and refused multiple warnings. During the incident, protesters built roadblocks, threw miscellaneous objects and petrol bombs, and the police deployed tear gas and rubber bullets to disperse them. Finally, between approximately 4:50 pm and 4:55 pm, twelve defendants were subdued and arrested under the footbridge.
Under section 19 of the Public Order Ordinance, the offence of rioting carries a maximum penalty of ten years’ imprisonment, and under section 33, possessing an offensive weapon carries a maximum penalty of five years’ imprisonment.
The court held that the defendant was not merely a bystander trapped at the scene but wore protective gear and acted in concert with others in black clothing to encourage and promote the riot. The evidence included testimony from police witnesses and video recordings, and the defendant offered no explanation.
The defendant boosted the momentum of the riot by virtue of numbers at the scene, risked confronting law enforcement and must bear criminal responsibility.
Defendants 1 to 11 were found guilty of rioting and await sentencing; defendant 12 was acquitted of the rioting charge; defendants 3 and 9 were acquitted of the charge of possessing an offensive weapon. (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 noted that on 1 October 2019 between 4:15 pm and 4:55 pm, approximately one hundred to one thousand protesters set up roadblocks at the junction of Lung Cheung Road and Sha Tin Pass Road in Wong Tai Sin and confronted the police, throwing bricks, petrol bombs and other miscellaneous objects, causing damage to the road surface. The police fired tear gas and rubber bullets multiple times to disperse them and ultimately subdued several protesters. After trial, 11 defendants were convicted of riot, among whom three defendants aged only 16 to 18 submitted background and rehabilitation reports for sentencing.
Referring to paragraphs 78 to 80 of the Court of Appeal’s judgment, the maximum penalty for riot is ten years’ imprisonment. There is no specified sentencing guideline, but the sentence should be determined by weighing twelve factors, including: whether it was premeditated; the number of participants; the degree of violence or use of weapons; the scale and duration of the riot; any damage or casualties caused; the disruption to and impact on the public and community; the role and level of participation of the defendant; and whether other offences were involved, among others.
In this case, the riot lasted approximately forty minutes. Although there were many participants, it was brief and occurred on a holiday. No casualties resulted, and property damage was limited to railings or road surfaces. None of the defendants planned, led, or directly carried out violence, and they had no other criminal records, making their level of participation relatively low. They were only sixteen to eighteen years old, showed remorse, and hoped to return to their studies. The probation officer’s report recommended detention in a training centre or a labour education centre, but, considering their studies and future prospects, detention in a training centre was deemed more appropriate.
The judge held that detention in a training centre would help the defendants receive education and discipline, balancing the public interest with the defendants’ opportunity for reform; a probation order would not reflect the seriousness of this case and circumstances and was therefore inappropriate.
The bench orders that the three defendants serve their sentences in a training centre and, upon release, undergo a period of statutory supervision. (Translated from Chinese to English by AI)
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