判決理由書／裁決書撮要(由AI生成)
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According to the verdict, on the evening of 18 November 2019 more than a thousand protesters illegally assembled at the junction of Nathan Road and Waterloo Road in Yau Ma Tei and threw over two hundred petrol bombs. The police launched a dispersal operation using tear gas and rubber bullets, and subsequently conducted street stops and searches, arresting a total of 213 people. Of these, six defendants denied participating in the riot, claiming they were merely passing by or were innocent bystanders. After a twenty-day trial, the court found that the defendants wore dark clothing and protective gear, remained at the front line and failed to comply with police warnings; having been subdued and arrested, they did not lodge any complaints, which is sufficient to infer their participation in and encouragement of the riot.
In accordance with the Public Order Ordinance and relevant case law, sentencing is adjusted at the court’s discretion based on the degree of participation, with the maximum penalty for riot being up to ten years’ imprisonment.
Given that the defendants voluntarily remained at the frontline of the riot and assisted others in their criminal acts, their defences were not accepted. Their conduct posed a serious threat to public safety, requiring both punishment and deterrence.
The defendants were not innocent bystanders; they ignored multiple police warnings and flag signals and actively supported the riot. Their culpability is significant, and they must be convicted and punished.
The six defendants were found guilty of rioting and will await a separate sentencing hearing to determine their final sentences. (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 on 18 November 2019, the eight defendants responded to an online call under the name “Besiege Wei to Rescue Zhao” to join a demonstration around Nathan Road in Yau Ma Tei, around Waterloo Road and Hamilton Street. During the protest, they wore black clothing, masks, and protective gear, and threw at least 251 petrol bombs and other objects at the police, igniting fires in multiple locations, obstructing traffic lanes, and damaging public facilities. The police fired tear gas and rubber bullets at the frontline to disperse the crowd. Ultimately, at around 23:26, the police arrested 213 people within the cordoned area, of whom the eight defendants admitted to rioting and were sentenced on the same day.
The maximum penalty for rioting is ten years’ imprisonment. Sentencing must take into account factors such as the scale of the riot, the defendant’s role, the equipment used, and whether they pleaded guilty, and also refer to similar cases and sentencing guidelines.
Each defendant, for being on the frontline, throwing petrol bombs, or carrying offensive weapons, was seen as supporting the rioters’ arrogance, with the starting point set between four and five years’ imprisonment; taking into account pleas and other mitigating factors, sentence reductions of between twenty per cent and one third were applied; those with heavier equipment and later pleas received smaller reductions, while younger defendants were shown leniency at the court’s discretion.
The judge criticised the unprecedented scale and intensity of this riot, stating that the participants aided and abetted the wrongdoing and disrupted public order, but also took into consideration the defendants’ backgrounds, remorse, and the impact on their families, noting the need to balance punishment with rehabilitation.
The eight defendants were sentenced to imprisonment terms of 36 months, 36 months, 32 months, 36 months, 36 months, 38 months, 38 months and 45 months respectively. (Translated from Chinese to English by AI)
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