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 this case originated from a large-scale riot on the night of 18 November 2019 on Nathan Road at the junction with Waterloo Road and Hamilton Street in Yau Ma Tei. A large number of rioters assembled illegally, threw over 200 petrol bombs and set fires to block the roads. The police fired tear gas and carried out dispersal and arrest operations, stopping and searching 213 people on the spot. Six defendants were taken to a temporary detention area in the early hours of the following day, charged with rioting. After a twenty-day trial, the judge held that the defendants were not innocent bystanders, their actions could only be concluded as participation in a riot, and therefore found them guilty.
In accordance with the provisions on the offence of rioting under the Crimes Ordinance, with reference to the practice of previously convicted rioters being sentenced to 36 to 46 months’ imprisonment.
All defendants were at the core of the riot, supporting and encouraging rioters to throw petrol bombs and engage in other violent acts, seriously disrupting social order; they must be severely punished to serve as a deterrent.
The defendants were not mere bystanders; they knowingly participated in the riot, had no reasonable justification for being at a dangerous scene, and both their subjective intent and objective conduct meet the requirements for participation in a riot; they should be convicted.
The judge found the six defendants guilty of the offence of rioting; the verdicts were entered and sentencing was adjourned to a later date. (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 stated that on 18 November 2019, the defendants responded to an online call to ‘besiege Wei to rescue Zhao’ to support the protesters of the Hong Kong Polytechnic University. They gathered at the junction of Nathan Road and Portland Street in Yau Ma Tei, refused to disperse when ordered by the police, threw petrol bombs and miscellaneous objects multiple times, confronted the police line and set up roadblocks, causing traffic paralysis and damage to public facilities. Ultimately, the police used tear gas and cordon-and-arrest operations, detaining 213 people within the sealed area, of whom eight defendants pleaded guilty to rioting and were tried together.
The maximum penalty for rioting is 10 years’ imprisonment. There are no established guidelines; sentencing depends on the circumstances of the case and the role of the defendant. The District Court uses 4 to 5 years as a baseline and adjusts the sentence according to the timing of the plea and the extent of sentence reduction.
Considered the large scale of the riot, with at least 251 petrol bombs thrown, and the serious disruption to public order caused by the defendants’ equipment and conduct; at the same time, taking into account the defendants’ age, remorse, timing of the plea and mitigating factors, a sentence reduction of between 25% and 33% was granted.
The court found that the protests in question were orchestrated behind the scenes, with organisation and planning; punishment is necessary to maintain public order and uphold the rule of law, while ensuring consistency in sentencing and a deterrent effect.
The defendants received prison sentences of 36 months (four people), 32 months (one person), 38 months (two people) and 45 months (one person). (Translated from Chinese to English by AI)
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