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 noted that on the afternoon of 1 October 2019, Defendants One through Twelve gathered to protest in the Wong Tai Sin Shatin Pass Road and Lung Cheung Road area. During the protest, the demonstrators wore black clothing, masks and face shields, formed umbrella formations and erected barricades from miscellaneous objects, threw bricks and petrol bombs at the police, and confronted them. The police first issued verbal warnings via loudspeaker and displayed black and orange flags, then deployed tear gas and rubber bullets to disperse the crowd. Between approximately 16:50 and 16:55, the Quick Response Unit subdued or arrested the defendants in stages, during which Defendant Three was found in possession of a wooden-handled hammer and Defendant Nine was found in possession of a laser pointer.
In accordance with Section 19 of the Public Order Ordinance for the offence of riot and Section 33 for the offence of possessing offensive weapons, considering the nature of each defendant’s participation, the degree of disruption to public peace, whether warnings were repeatedly refused, and whether equipment was carried;
Defendants One through Eleven wore protective gear and, together with a large number of protesters, confronted the police, continuously disrupted order, posing high harm to society; Defendant Twelve was only present incidentally and had no protective or offensive equipment, making participation difficult to prove; Defendants Three and Nine were acquitted of the offence of possessing offensive weapons due to insufficient evidence;
Riot is a highly fluid offence in which participants encourage each other to confront the police by virtue of their numbers and equipment; the defendants remained silent and provided no explanation, thus adverse inferences must be drawn; however, for defendants lacking equipment and whose intent to carry weapons is unclear, the law requires their acquittal and release.
The court found Defendants One through Eleven guilty of riot and sentenced them to terms of imprisonment; Defendant Twelve was acquitted of the offence of riot and released; Defendants Three and Nine were also acquitted of the charges of possessing offensive weapons and released. (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 eleven defendants, between approximately 4:15 pm and 4:55 pm on 1 October 2019, set up roadblocks and confronted the police in the vicinity of Lung Cheung Road and Tung Tau Estate Road in Wong Tai Sin, Kowloon, and threw bricks, petrol bombs and other miscellaneous objects. After multiple warnings and dispersal actions by the police, they were subdued. After trial, the defendants were convicted of rioting.
The maximum penalty for rioting is ten years’ imprisonment. There are no dedicated guidelines, but reference is made to the Court of Appeal cases of Leung Tin-kei and Tang Ho Yin, and to the twelve sentencing factors for rioting, such as premeditation, number of participants, degree of violence used, duration, losses, and the role of the defendant.
The defendants were all students aged sixteen to eighteen, had low levels of involvement at the time of the incident, did not play leading roles or commit other offences, and the incident was of short duration. Although they threw miscellaneous objects, there were no casualties, property damage was limited, and they had good backgrounds, no prior convictions, and showed remorse. Detention in a training centre can provide education and training and best suits the need for rehabilitation.
The judge held that detention in a training centre can balance deterrence and reform, the defendants’ circumstances were similar, and issuing the same order is fair and reasonable; a probation order is not applicable in this case.
This Bench orders the defendants to serve their sentence in a training centre. (Translated from Chinese to English by AI)
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