判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 18 November 2019, after days of escalating protests outside the Hong Kong Polytechnic University, a riot broke out on Nathan Road between Waterloo Road and Hamilton Street in Yau Ma Tei. Protesters threw over 250 petrol bombs and placed debris to obstruct the road. The police deployed tear gas and rubber bullets to disperse the crowd and arrested 213 people, six of whom were arrested in the early hours near the exit of Bik Street MTR station. The defendants claimed they were merely passing through or had inadvertently entered the cordoned-off area, denying participation in the riot. The prosecution presented evidence from CCTV, publicly available footage and police testimony. After a twenty-day trial, the court rejected the defendants’ explanations and found them guilty.
A riot offence carries a maximum sentence of life imprisonment. The court considered factors such as the number of petrol bombs thrown, the level of violence, the locations and nature of the defendants’ participation, and referred to precedents in similar cases when determining the sentence.
All six defendants were found to be core participants at the riot scene; their clothing, equipment and personal items indicated involvement in the riot. The court held that their actions posed a serious threat to public order and to the police in the execution of their duties, and warranted severe punishment. At the same time, considering that they were first-time offenders with no prior convictions, some mitigation was applied.
The court found that the defendants’ assertions that they had merely passed through or accidentally entered the cordoned area were plainly inconsistent with the on-site footage and witness testimony. Furthermore, they did not respond to or raise any objection to the police warnings, demonstrating wilful intent, leaving no reasonable doubt to be accepted.
The six defendants have now been convicted of rioting, and sentencing will be announced at a subsequent hearing. (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, since 18 November 2019, in response to an online call for “besieging Wei to rescue Zhao”, a large number of protesters gathered at the junction of Nathan Road and Waterloo Road in Yau Ma Tei, erected roadblocks, and threw over 250 petrol bombs and debris in confrontation with the police. After multiple warnings, the police fired tear gas and advanced with the Special Tactical Squad and the Riot Squad, ultimately arresting 213 people within the cordoned area, among whom eight defendants admitted to the offence of rioting and were sentenced together.
Pursuant to section 19 of the Public Order Ordinance on the offence of rioting, the maximum sentence is ten years’ imprisonment. Sentencing must take into account the scale and severity of the riot, the role of the defendant, the equipment used, and the timing and attitude of any plea.
The judge adopted a starting point of four to four and a half years’ imprisonment, adjusted according to each defendant’s equipment and level of participation; then applied a reduction of between one-third and one-quarter for early plea, with the latest plea receiving only a 20% reduction; and made minor adjustments in light of mitigating statements and background factors.
The judge noted that the scale and intensity of this riot were unprecedented, that the protesters threw dangerous items to create social panic, and although they were not the leaders, they played a substantial supporting role. Sentences must reflect societal condemnation and maintain consistency, and he expressed regret at young people blindly joining violent actions.
In the end, the eight defendants were sentenced to terms of imprisonment as follows: four defendants to 36 months each, one defendant to 32 months, two defendants to 38 months, and one defendant to 45 months, to be served from the date of sentencing. (Translated from Chinese to English by AI)
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