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 the five defendants, on 2019年10月1日 in the area of Lung Cheung Road, Wong Tai Sin, together with approximately two hundred demonstrators blocked roads and organised roadblocks, confronting and throwing umbrellas, iron rods, bricks and petrol bombs, and setting a motorcycle on fire, seriously disrupting social order; thereafter the police issued multiple warnings and fired rubber bullets and tear gas to disperse the crowd. The five were arrested at the scene and charged with riot and resisting police officers in the execution of their duties; they all pleaded not guilty, but after a detailed trial the court found them guilty.
Pursuant to Section 19(2) of the Public Order Ordinance (Cap. 245) of the Laws of Hong Kong, the maximum penalty for riot is imprisonment for 10 years; the offence of resisting the execution of duty is punished under Section 63 of the Police Force Ordinance.
The defendants knew that the scene was one of rioting, wearing the black clothing commonly used by demonstrators and carrying defensive and offensive equipment, participating with a common purpose in the collective confrontation, and resisting police law enforcement during the arrest process. Their conduct met the elements of the offences of riot and resisting law enforcement, the evidence was reliable, and the court convicted them of all charges beyond reasonable doubt.
The court considered that the demonstration rapidly evolved from a lawful assembly into a riot. The defendants were not innocent bystanders and used violence or intimidation to disrupt social order, and resisted police enforcement. Their conduct must be severely punished to uphold the rule of law.
The defendants were found guilty of riot and resisting the execution of duty, and are currently remanded in custody pending sentencing, with the specific terms to be determined in subsequent hearings. (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 states that at around 4pm on 1 October 2019, the five defendants, together with over a thousand protesters, erected roadblocks using plastic barriers, wooden boards and umbrellas on Lung Cheung Road in Wong Tai Sin, Kowloon, obstructing traffic, throwing bricks and petrol bombs at the police, setting fire to a motorcycle, and damaging public and private property. During this period, the defendants knowingly resisted police officers carrying out their duties. After trial, they were convicted of rioting and of resisting execution of duty.
The offence of rioting in this case is a serious public order crime and warrants immediate imprisonment; sentencing must maintain the rule of law and social order, and, with reference to similar cases, adopt 54 months’ imprisonment as the baseline.
Considerations included the large scale of the riot, its duration of over two hours, strong organisation, use of violence and property destruction, with individual adjustments made for each defendant’s health, age, first-time offender status, and family responsibilities.
This riot was not spontaneous; participants used guerrilla-style attacks against police officers, severely disrupting society. Young first-time offenders must be punished equally but also given opportunities for rehabilitation. Sentencing must balance punishment and rehabilitation.
Defendant 1 was sentenced to 51 months’ imprisonment; the second and fourth defendants were respectively ordered to attend a labour re-education centre and a reformatory school; the third and fifth defendants were each sentenced to 54 months’ imprisonment. All sentences are to be served concurrently for the offences of rioting and of resisting execution of duty. (Translated from Chinese to English by AI)
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