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 notes that on 2 November 2019 the defendants spontaneously instigated a riot on the front section of Johnston Road in Wan Chai; over a hundred masked persons blocked the road, set up barriers and threw petrol bombs and incendiary materials; the police used tear gas and water cannon to disperse them; the riot lasted about half an hour; the four were arrested after participating and providing equipment; multiple charges were upheld.
Taking three years’ imprisonment as the initial benchmark for the offence of riot, with reference to Court of Appeal cases including Tse Ka Wah, Leung Tin-kei (2020), Tang Ho Yin and Yeung Ka-lun, and sentencing according to factors such as the scale of the riot and the degree of weapon possession.
In this case, the riot was improvised, small in scale and did not cause serious injury. The sentences for the four defendants were each increased based on the equipment they carried and their roles, then reduced by three months, with multiple charges dealt with under the totality principle.
The judge considered the riot relatively minor; taking into account that the defendants had no prior convictions and other mitigating factors, moderate leniency was applied while condemning the unlawful violence and ensuring the sentences reflected the defendants’ responsibility.
Defendant One: 39 months for riot, 12 months for perverting the course of justice (with six months to be served in instalments), and three weeks for possession of an unlicensed communication device, all to be served concurrently, totalling 45 months; Defendant Two: 35 months for riot and four months for possession of items, to be served concurrently; Defendant Three: 34 months for riot; Defendant Four: 37 months for riot and six months for possession of items, to be served concurrently. (Translated from Chinese to English by AI)
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