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 judgment states that on the afternoon of 1 October 2019, the defendant, together with over two hundred protesters, gathered in the vicinity of Lung Cheung Road in Wong Tai Sin, Kowloon, obstructing the roads, setting up roadblocks, and throwing bricks, petrol bombs and other miscellaneous objects at the police officers carrying out their duties, engaging in confrontation, which resulted in traffic paralysis and disruption of public tranquillity. The police then dispersed the crowd in phases and rapidly advanced to make arrests. The five defendants were arrested at different locations and each resisted police officers in the execution of their duties. All defendants pleaded not guilty to the charges against them.
Under Section 19 of the Public Order Ordinance, the offence of rioting is punishable by imprisonment for up to ten years; under Section 63 of the Police Force Ordinance, the offence of resisting duty is punishable by imprisonment for up to two years.
The defendant was dressed similarly to the mass of protesters and equipped in a comparable manner, and participated in an organised manner in rioting activities such as road-blocking, throwing objects and setting fire to a motorcycle, causing serious disruption to public tranquillity. Despite the police issuing verbal warnings and displaying warning flags, the defendant still refused to disperse and, upon being stopped, intentionally obstructed and assaulted police officers. The evidence is ample and sufficient to prove beyond reasonable doubt the defendant’s subjective intent and conduct.
This incident was large in scale and involved the use of incendiary devices; it occurred in a busy location and had far-reaching impact. The protesters, knowing that the police were enforcing the law, still resorted to violent resistance, posing a high risk to society. They must be severely punished as a warning, to uphold the rule of law and maintain public tranquillity.
The court found Defendants One to Five guilty of rioting and resisting duty. The case was adjourned for sentencing, and the five defendants will remain in custody in the meantime. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 states that on 1 October 2019 at around 4pm, a large-scale riot occurred in the vicinity of Lung Cheung Road, Wong Tai Sin, Kowloon, involving about a thousand people who used umbrellas, wooden boards and plastic barriers to erect roadblocks, obstruct traffic, confront the police and throw bricks and petrol bombs, setting motorcycles alight and damaging public and private property, plunging the community into panic. The five defendants, dressed in black and wearing masks and eye protection, joined the riot at different times and resisted arrest by the police, and were ultimately convicted of rioting and of resisting the execution of duty.
The proper penalty for the offence of rioting is immediate imprisonment. There is no fixed guideline, but referring to several cases, the sentencing range is approximately 40 to 54 months’ imprisonment, and the offence of resisting the execution of duty may be taken into account with the principal offence.
Maintaining the rule of law and public order requires that violent disruption of public order be punished and deterred; the demonstrators, in large numbers, attacked the police with weapons and set property ablaze, seriously endangering social tranquillity, and the law cannot tolerate such violent acts.
Although the defendants are young and first-time offenders, the collective violence and its impact on society are severe, and youth is not a mitigating factor; sentencing must both reflect punishment and deterrence and also provide an opportunity for rehabilitation, therefore immediate custodial sentences or orders to a training centre are required in all cases.
Defendant 1, having not engaged in substantive violent acts but having encouraged the conduct on site, received a three-month reduction and was sentenced to 51 months’ imprisonment and 1 month for resisting, to be served concurrently; Defendants 2 and 4, being young first-time offenders who showed remorse, were instead committed to a labour training centre and to a reformatory respectively; Defendants 3 and 5, for their participation in intense confrontations and lack of remorse, were each sentenced to 54 months’ imprisonment and 2 months for resisting, to be served concurrently. (Translated from Chinese to English by AI)
查看完整判刑理由書