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 stated that the defendant, on 2019年11月18日 in the vicinity of Cheung Wan Road outside The Hong Kong Polytechnic University, joined an organised group of about 100 protesters, opened umbrellas to erect roadblocks, threw petrol bombs, shot arrows and hurled bricks at police lines, and broke out of the campus to escape before the police cordon was established. The defendant pleaded guilty to the amended Count 4 of rioting; the original Count 1 was withdrawn.
Under Cap.245 of the Public Order Ordinance, the maximum sentence for rioting is 10 years’ imprisonment. Court of Appeal precedents state that sentencing should consider whether the offence was premeditated, the number of participants, the use of weapons, the scale and duration, the consequences, the defendant’s role and any subsequent conduct after warning, with 6 years as the starting point.
The defendant was part of a large-scale organised riot, participated in the breakout attempt and used high-risk violent means to confront law enforcement, posing a serious threat to public safety; moreover, having previously been convicted of rioting, he is a recidivist, so the sentencing starting point was increased to 78 months; as the defendant pleaded guilty at an early stage, a discretionary reduction was applied to 52 months, and according to the principle of concurrent sentences, the term is set at 24 months.
The court held that rioting is a serious offence and must be met with a highly deterrent sentence to maintain social order and the safety of law enforcement personnel; the defendant’s good background and political views do not constitute mitigating factors.
The defendant was ultimately sentenced to 24 months’ immediate imprisonment, to be served concurrently with cases DCCC410/2020 and 35/2021. (Translated from Chinese to English by AI)
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