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 sentencing remarks indicate that on the evening of 18 November 2019, a fierce riot broke out around Waterloo Road and Nathan Road in Yau Ma Tei. Demonstrators threw over 250 petrol bombs and blocked roads with miscellaneous items, launching organised attacks against the police line. The police repeatedly deployed tear gas and fired rubber bullets and bean bag rounds to disperse the crowd, and set up a temporary detention area and cordon at the junction of Nathan Road and Bute Street. Six defendants, dressed in dark clothing and carrying various items, were stopped and arrested during the police advance, each claiming to have been merely passing by or observing. After reviewing closed-circuit television footage, on-site photographs and the testimony of 32 witnesses, the judge found that all six had actively participated in the riot and found them guilty.
Under the Public Order Ordinance, the maximum penalty for rioting is ten years’ imprisonment. Sentencing must take into account the scale of the offence, the degree of violence and the personal circumstances of the defendant.
The defendants carried or used offensive weapons during a large-scale riot, posing a serious threat to public order and law enforcement personnel. Punishment must reflect retribution and deterrence; mitigating factors such as lack of prior convictions and guilty pleas are also taken into account.
The judge considered that this riot was unprecedented in scale and marked by escalating violence, severely undermining social security and the rule of law. Severe punishment is necessary to warn others and uphold the dignity of the legal system.
The six defendants were convicted of rioting, and sentencing was adjourned until 5 December 2023. They will each face several years’ imprisonment. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 defendants, responding to an online call, confronted the police on Nathan Road in the Yau Tsim Mong District and formed lines, erecting barricades with umbrellas, wooden boards, metal fences and other materials, blocking traffic lanes and throwing at least 251 petrol bombs and miscellaneous objects, while ignoring multiple warnings. The police launched an encirclement operation at around 23:26 that night, established a blockade and arrested 213 people between Pak Tai Street and Waterloo Road. Of these, eight defendants ultimately pleaded guilty to rioting and were brought forward for sentencing, while the remaining defendants continued to trial.
According to Section 19 of the Crimes Ordinance on the offence of rioting, the maximum sentence is 10 years, and there is no established sentencing guideline; reference must be made to similar cases, the role of the defendant and the dangerousness of the conduct.
The judge considered the scale and organisation of the riot, whether the defendant was equipped with offensive weapons and projectiles, the degree of participation, the timing of the plea and expression of remorse, age and background, letters of mitigation and other factors, in determining the starting point of the sentence and making reductions as appropriate.
The judge regarded the conduct as serious and destructive but, taking into account the defendant’s genuine plea and personal background, granted a moderate reduction in sentence to balance punishment with the possibility of rehabilitation.
The court ultimately sentenced Defendant One and Defendant Two to 36 months’ imprisonment each; Defendant Seven to 32 months’ imprisonment; Defendant Ten and Defendant Eleven to 36 months’ imprisonment each; Defendant Twelve and Defendant Thirteen to 38 months’ imprisonment each; and Defendant Fourteen to 45 months’ imprisonment. (Translated from Chinese to English by AI)
查看完整判刑理由書