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 sixth defendant, in the vicinity of Cheung Wan Road outside the Hong Kong Polytechnic University in Kowloon, together with about one hundred protesters, attempted to break through and flee the police cordon. During this attempt, they formed an umbrella defence formation and committed riotous acts by throwing petrol bombs, bricks and shooting arrows at the officers on duty. This breakout incident was a continuation of the days-long riots on the PolyU campus. The protesters erected roadblocks inside and outside the campus, vandalised CCTV systems and campus facilities, launched assaults on the police line, causing disruption to public transport and injuries to officers, and were ultimately surrounded by the police and arrested in batches.
With reference to the case of the Hong Kong Special Administrative Region v. Leung Tin-kei and Others, the maximum term of imprisonment for the offence of rioting is ten years, with a starting point of six years’ imprisonment. Sentencing aims at punishment and deterrence, and must comprehensively consider the degree of organisational premeditation, the number of participants, the violence and weapons used, the scale and duration of the offence, the harm and threats caused, the public disturbance, the defendant’s role and any other offences committed at the scene.
The breakout incident in which the defendant was involved was organised and premeditated, with around one hundred participants, using petrol bombs, bows and arrows and hard objects to attack the police. It formed a key part of the seven-day rioting at PolyU, posing a serious threat to society and the safety of law enforcement personnel; the defendant has a prior conviction for rioting and is a repeat offender, with only the guilty plea as a mitigating factor, so the sentence must be increased accordingly.
I am of the view that for such organised and highly violent conduct, it is necessary to impose a deterrent sentence to maintain social order and the safety of law enforcement personnel, and to reflect the defendant’s participation in the overall context of the riots; the breakout incident cannot be considered in isolation.
I adopt a starting point of six years’ imprisonment. Aggravating factors of the defendant’s prior conviction for rioting and repeat offending increase this to six and a half years (78 months). After reduction for the guilty plea, the final sentence is 52 months’ imprisonment, to be served consecutively with his previous rioting sentence. (Translated from Chinese to English by AI)
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