判決理由書／裁決書撮要(由AI生成)
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The judgment states that ten defendants were charged in 2021 with contravening Sections 18 and 19 of the Public Order Ordinance, accused of participating in a riot on the night of 11 August 2019 on Nathan Road between Austin Road and Humphreys Avenue in Tsim Sha Tsui, Kowloon. Video footage and testimony from multiple witnesses in the case showed that the protesters, dressed in black, wearing masks, goggles and helmets, blocked the police station passageway, threw petrol bombs, bricks and tear gas canisters, and used violence to obstruct the police advance. The police repeatedly displayed warning flags and deployed tear gas, then advanced progressively along the road and arrested the defendants one by one.
Under Section 19(1) and (2) of the Public Order Ordinance (Cap. 245 of the Laws of Hong Kong), the offence of riot carries a maximum penalty of ten years’ imprisonment;
The judge held that several defendants were within the scope of the riot, their clothing and equipment matched those of the protesters, they did not leave immediately and, by means of their gear and actions, amplified the strength of the assembly and encouraged others to disrupt social tranquillity. The circumstantial evidence amply demonstrated their intent and conduct in participating in a collective riot;
The judge noted that the on-site video recordings and witness statements were reliable, and the circumstantial evidence was sufficient to rule out that the defendants were merely bystanders. There was no adverse inference drawn from the defendants’ exercise of the right to remain silent; however, the sixth defendant was acquitted due to insufficient evidence.
The sixth defendant was found not guilty, while the other nine defendants were convicted. (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 indicated that on 11 August 2019, between approximately 18:38 and 20:00, ten defendants unlawfully assembled in the area from Austin Road to Humphreys Avenue in Tsim Sha Tsui, Kowloon. During this period, over a thousand people dressed in black, wearing helmets, masks and equipment, threw bricks, petrol bombs and tear gas canisters back at the Tsim Sha Tsui Police Station, used laser pointers to shine at the station and officers, blocked roads, lifted paving stones and set up an umbrella barricade. Relying on the location, clothing and equipment, the court inferred that each defendant intended to participate in and incite the disruption of public order, and convicted them of riot.
The maximum sentence for rioting is ten years’ imprisonment; when sentencing, consideration is given to the scale of the riot, the number of participants, the degree of violence, the targets and the duration, and in accordance with the principles set out in cases such as Tang Ho Yin and Blackshaw, a starting point of three years and nine months’ imprisonment was established.
Although there was no direct evidence that the defendants committed violence, they were fully equipped beforehand and encouraged and assisted others at the scene to disrupt social order, and therefore immediate imprisonment was warranted. Considering mitigating factors such as the defendants’ age, studies, work performance and family responsibilities, individual sentences were reduced by three to six months.
The riot was highly serious; the challenge to the police station and officers not only disrupted social order but also undermined the foundations of the rule of law; immediate imprisonment was the only appropriate response, and any reduction in sentence must be moderate.
After trial, all defendants were convicted. Except for the 4th, 5th and 9th defendants, who were each sentenced to three years and nine months’ imprisonment, the remaining defendants were each sentenced to three years and six months’ imprisonment. (Translated from Chinese to English by AI)
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