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 18 November 2019 protesters outside the Hong Kong Polytechnic University initiated the ‘Besiege Wei to Rescue Zhao’ operation; in the area of Waterloo Road in Yau Ma Tei and Hamilton Street, rioters threw more than two hundred petrol bombs, damaged roadblocks and traffic facilities, and the ground was littered with debris. The police fired tear gas and rubber bullets to disperse them, set up a cordon, and arrested 213 people. Although the six defendants claimed they were merely passers-by or had lingered out of curiosity, after comparing CCTV footage, police video recordings and witness testimonies, the court found that they knowingly remained in the core area despite the serious riot and contributed to the violence; their defence failed, and they were convicted of rioting.
According to Hong Kong law, the offence of rioting is punishable by up to ten years’ imprisonment; sentencing must consider the defendant’s role in the riot, the use of any implements, the extent of danger posed to public safety, and the defendant’s attitude upon pleading guilty, among other factors.
The defendants, though fully aware of the severe violent clashes on site, remained in the core area, wore dark clothing and carried offensive implements that fuelled the riot, and ignored verbal and flag warnings from the police. Their defences are untenable, warranting immediate imprisonment with a high deterrent effect.
The defendants’ conduct posed a significant threat to public safety and seriously undermined the rule of law. Only severe punishment can deter similar collective violence and preserve public order and the dignity of the legal system.
Each of the six defendants was sentenced to four years’ imprisonment and is prohibited from participating in any public assembly during their term, to underscore the punitive and deterrent effect. (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, from 18 November 2019, multiple protesters responded to online calls to riot in the area of Nathan Road and Waterloo Road in Yau Ma Tei. The defendants, dressed in black and wearing masks, built roadblocks, used umbrellas to block tear gas, and threw over 250 petrol bombs and various debris at the police, causing damage to public facilities, paralysis of traffic, and injuries to multiple officers. At around 11 p.m. that night, the police set up a cordon between Waterloo Road and Hamilton Street and Pitt Street and began an operation, arresting 213 people, of whom eight defendants pleaded guilty to rioting.
The maximum sentence for rioting is 10 years. Sentencing must consider the defendant’s role in the actions, their equipment, whether they pleaded guilty and their remorse, the impact on society, and relevant precedents in similar cases.
The judge considered the defendants’ involvement in throwing petrol bombs and constructing roadblocks, their equipment, the timing of their pleas and expressions of remorse in mitigation letters, their lack of prior convictions and family background, as well as the extent of damage to public order and the social impact of the protest movement. Based on these factors, the judge fixed the starting point for sentencing and granted appropriate reductions.
The judge held that during the social unrest in Hong Kong in the second half of 2019, many young people were mobilised online to take part in large-scale violent demonstrations, and that sentences are necessary to uphold the rule of law; reducing sentences for those who pleaded guilty demonstrates judicial fairness and mercy.
The eight defendants were sentenced, respectively, to imprisonment for 36 months, 36 months, 32 months, 36 months, 36 months, 38 months, 38 months, and 45 months. (Translated from Chinese to English by AI)
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