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 notes that the case originally comprised five riot and related offence trials, numbered DCCC115/2021, 112/2021, 114/2021, 113/2021 and 116/2021, with a total of 49 defendants. The prosecution applied to consolidate DCCC115/2021, 112/2021 and 114/2021 (first application), and to consolidate DCCC113/2021 and 116/2021 (second application), in order to streamline judicial resources and adhere to the original trial schedules; however, some defendants opposed the use of a written procedure and the consolidation of trials, arguing that public hearings should be held and the original separate arrangements maintained. The court must weigh factors such as venue availability under the pandemic, procedural delays, the right to a fair hearing and judicial efficiency when deciding whether to grant the consolidation applications.
According to Article 10 of the Hong Kong Bill of Rights and High Court precedents, interlocutory applications may be dealt with in writing, but any changes to scheduled trial dates or arrangements require sufficient reasons and court approval.
In considering the first application, the proposed large court venue is not yet completed and the existing arrangements already effectively allocate court resources, so there is insufficient reason for the change; the second application, however, can make good use of the renovated courtroom facilities, and after consolidation the issues in dispute are aligned, the extension of the trial schedule is limited and there is ample preparation time.
The court considers that under the constraints of the pandemic and limited resources, the litigation interests of all parties and judicial efficiency should be balanced. Uncontested matters may be dealt with in writing to maintain the overall trial schedule and procedural fairness.
The court decided to dismiss the first consolidation application and approve the second consolidation application, and tentatively scheduled the consolidated trial of DCCC113/2021 and DCCC116/2021 for 14 August 2023 to 9 October 2023, expecting it to last 40 days. The parties must contact the listing officer within 28 days to arrange a pre-trial review. (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 the twenty-three defendants, on 29 September 2019, participated in an unauthorised protest in the Admiralty area of Hong Kong. Individually and in groups, they gathered on Harcourt Road, Lok Lai Street and Admiralty Road, erected obstacles, set fires, hurled petrol bombs and bricks, and used laser beams to provoke police officers. They engaged in violent confrontations with the police at multiple locations for over two hours, paralysing east-west traffic on Hong Kong Island and causing serious public disorder.
For the offence of rioting, the maximum sentence is ten years’ imprisonment, and immediate custody is generally imposed; sentencing must take into account the scale of the riot, its duration, the conduct of participants and its impact on society.
The court must ensure that sentencing reflects its determination to maintain public order, imposing severe penalties on anyone who participates in or supports destructive violence, and shall not allow motives, ideology, or lofty beliefs to mitigate the sentence; leniency towards young first-time offenders shall not be excessive, although reductions may be made on a case-by-case basis for genuine remorse and the timing of a guilty plea.
This riot was not an unorganised spontaneous event but showed a degree of planning and equipment. The protesters used their numbers to carry out violence, causing significant harm to citizens’ daily lives and to Hong Kong’s international reputation. It is imperative to impose harsh penalties to achieve deterrence and warning.
The court, having regard to each defendant’s level of participation, specific conduct and timing of the guilty plea, imposed immediate sentences of imprisonment ranging from thirty-two to fifty months and ordered that they be taken into custody forthwith. (Translated from Chinese to English by AI)
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