判決理由書／裁決書撮要(由AI生成)
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The judgment indicates that on 1 October 2019, several hundred protesters blocked roads and confronted police around Lung Cheung Road in Wong Tai Sin, Kowloon, threw petrol bombs and miscellaneous objects, and set fire to motorcycles. The police issued warnings and used tear gas to disperse them, and subsequently arrested five defendants at the scene, charging them with rioting and, in separate counts, resisting the execution of duty and other offences.
For rioting, the maximum sentence on indictment is ten years’ imprisonment, and under summary proceedings is five years; the offence of resisting the execution of duty may be punishable by imprisonment or a fine, depending on the circumstances.
Each defendant was present at the scene of the riot, wearing equipment similar to that of the protesters and taking actions that fuelled the violence, seriously undermining public order; although they had no prior convictions, their conduct was particularly reprehensible and warranted deterrence and punishment.
The judge held that the lawful assembly had spontaneously escalated into a riot, and that all those involved must bear full criminal liability for the collective violence, and that resisting police enforcement constituted a particularly serious misconduct that must be taken into account in sentencing.
All five defendants were convicted of rioting and various counts of resisting the execution of duty, and the matter was adjourned to the sentencing stage. (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。
According to the judgment, at around 4 pm on 1 October 2019, a riot broke out on Lung Cheung Road in Wong Tai Sin, Kowloon. Approximately a thousand demonstrators dressed in black and wearing masks used umbrellas, plastic barriers and miscellaneous items to block the road and build defences. They threw bricks and petrol bombs at police officers, set motorcycles on fire, paralysed traffic and damaged property. The five defendants joined the action in separate groups, participated in the riot with a common purpose, and knowingly resisted officers executing their duties during arrest. They were thus convicted of rioting and resisting arrest.
The judge based the sentence primarily on immediate custody, referring to precedents and guided by the principles of upholding the rule of law, preserving social order and deterrence, setting benchmarks according to the scale of the riot and the level of violence.
Having regard to the riot lasting more than two hours with around a thousand participants, being organised and involving the use of petrol bombs, bricks and other violence, causing significant harm to public safety and order, and given that first-time offender status and mitigating factors were insufficient to avoid imprisonment.
Although the judge sympathised with the defendants as young first-time offenders, the seriousness of the rioting offences required actual imprisonment to demonstrate legal resolve and provide deterrence, while also hoping the defendants would learn from the experience and rehabilitate.
In the end, Defendant 1 was sentenced to 51 months’ imprisonment and an additional one month for resisting arrest, to run concurrently; Defendants 2 and 4, being young first-time offenders showing remorse, were respectively given re-education centre orders and reformatory orders; Defendants 3 and 5 were each sentenced to 54 months’ imprisonment and an additional two months for resisting arrest, to run concurrently. (Translated from Chinese to English by AI)
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