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 states that five defendants participated in a riot on 18 November 2019, between approximately 22:30 and 23:26, at the junction of Waterloo Road and Hamilton Street in Yau Ma Tei, Kowloon. There, protesters first confronted the police, repeatedly throwing petrol bombs, debris and hard objects at officers, forming an umbrella blockade to obstruct the road and using lasers to shine at them. The police raised warning flags and fired tear gas several times to disperse the crowd, after which the Special Tactical Unit advanced from Bik Street and arrested those present. The prosecution relied on police and CCTV footage, written witness statements, and other evidence, alleging that the defendants, clad in black, masked and equipped with helmets, gas masks and other gear, came prepared to encourage or assist the riot.
The burden of proof is on the prosecution, and the standard is beyond reasonable doubt; for the offence of riot, it must be proven that there was an unlawful assembly that escalated into a riot by disrupting public peace, and that the defendant intended to participate in and encourage the riot while it was underway.
Riot is a participatory offence; those who conspire to disrupt public order must be severely punished to maintain social peace and deter similar behaviour.
The judge held that the evidence for each defendant must be considered independently: the first defendant’s illness and visit to a doctor were reasonable, making them an innocent bystander, so the charge is not made out; the other four defendants were clad in dark clothing, masked and carrying protest gear, and walked with the crowd as the police advanced, indicating an intention to participate in the riot, and are therefore guilty.
This bench finds the first defendant not guilty of the offence of riot; the third, fifth, sixth and eighth defendants are found guilty of the offence of riot. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 took part in a riot that developed from a demonstration at the junction of Nathan Road and Waterloo Road in Yau Ma Tei on the evening of 2019年11月18日. The police arrived at around 2100 hours, the protesters wore masks, set up roadblocks and threw about 250 petrol bombs and debris, causing multiple fires and injuring officers. The defendant fled during the cordon but was intercepted and arrested the next day for rioting.
The maximum sentence for riot is 10 years’ imprisonment. Case law indicates that sentencing must consider the overall seriousness of the collective violent conduct, the scale and role of participation, and the consequences, while also taking into account deterrence and public order.
This case involved a large-scale riot in which protesters carried out fire attacks and serious violent actions, with a starting point of not less than 5 years. However, the defendant was 16 at the time of the offence (now 19), was a first-time offender who pleaded guilty with remorse, participated to a relatively minor degree, did not lead or engage in violence, and rehabilitation should be considered.
The judge considered that both punishment and the rehabilitation of young offenders needed to be balanced, and that the discipline, training and supervision provided by a training centre could both achieve deterrence and help the defendant reform, and therefore ordered detention at a training centre.
The defendant was sentenced to detention at a training centre for rioting. (Translated from Chinese to English by AI)
查看完整判刑理由書