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 14 July 2019 the defendant participated in a riot at New Town Plaza, Sha Tin, attacking police with umbrellas and miscellaneous items alongside about 20 protesters, and after an officer slipped, kicked them in the back; subsequently, on 5 August during a riot in Wong Tai Sin, he used a slingshot to fire steel balls, striking the lower lip of a police inspector, causing injury and requiring recovery; then on 25 August during a riot in Tsuen Wan, he used a tennis racket to return tear gas canisters fired by the police back towards their defensive line. The defendant also admitted assisting in organising the riot, including purchasing and storing Octopus cards and vouchers. He admitted three counts of riot; the assault on police charge was adjourned.
• Under HKSAR v Yang, the offence of riot must be met with a strongly deterrent sentence, leaving no tolerance for violence that disrupts public order. • Under HKSAR v Tang, the seriousness of a riot should be assessed based on the overall conduct supported by participants, and aggravated if other offences are committed simultaneously. • Under HKSAR v Liang, maintaining public order must reflect the determination of the law to prevent violent unlawful disturbances.
• All three riots were premeditated, involved hundreds of participants, and were of moderate violence. • The defendant materially participated in the attacks on each occasion and assisted organisers in purchasing and storing materials. • There are no other substantive mitigating factors, though the sentence may be reduced for the guilty plea.
Immediate imprisonment is the only appropriate option. In view of the scale of the riots, the means employed, and the danger posed to public order and police safety, the starting point for each count is 54 months, increased to 60 months due to substantive participation and assistance, and reduced to 40 months for the guilty plea; the overall sentence must reflect the principle of totality, so part of the terms will run concurrently.
The defendant was ultimately sentenced to a total of 52 months’ imprisonment, comprising 40 months for the first count, and 40 months each for the third and fourth counts, with six months to be served concurrently with the first count. (Translated from Chinese to English by AI)
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