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 this case involved a riot that occurred on the night of 18 November 2019 at the junction of Nathan Road and Waterloo Road in Yau Ma Tei. Five defendants confronted the police alongside large numbers of protesters, threw petrol bombs, formed defensive positions with umbrellas, and obstructed passages, thereby creating a serious threat to public safety. The first defendant claimed to have accidentally entered the scene due to physical discomfort, while the other four were stopped on site by officers. The court, after considering the evidence regarding their clothing, equipment, and on-site conduct, acquitted the first defendant and found the remaining defendants guilty.
According to Section 19 of the Public Order Ordinance regarding the offence of riot, sentencing must consider the scale of the incident, the level of violence, the extent of the defendant’s involvement, and the circumstances of the disruption to public order.
Considering that the defendant gathered with others during the riot and carried out acts that undermined social tranquillity, including throwing about 250 petrol bombs, constructing roadblocks, and using violent means to confront the police; such conduct had a serious impact on public order and safety.
The judge held that, apart from the first defendant who entered the scene incidentally due to medical necessity, the other defendants were dressed and equipped no differently from the protesters and participated voluntarily in the riot, which is sufficient to infer intent to participate rather than being mere bystanders.
It was ultimately ruled that the first defendant was not guilty of riot, while the third, fifth, sixth, and eighth defendants were found guilty of riot. (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 on 11 November 2019, protesters occupied the Hong Kong Polytechnic University, with police establishing defences and confronting them on multiple occasions. By 18 November, riots broke out in the Nathan Road and Waterloo Road area of Yau Ma Tei, where protesters blocked roads, threw approximately 250 petrol bombs and committed arson, causing multiple fires and injuring several officers. The defendant participated in the riot at around 10:30 pm that evening and was intercepted and arrested nearby by the police while fleeing.
Riot is a serious offence carrying a maximum penalty of 10 years’ imprisonment; with reference to Court of Appeal precedents, factors such as the scale of the riot, the danger posed to officers and the public, and violent acts like throwing petrol bombs must be considered, with a sentencing starting point of no less than five years.
The defendant was only 16 at the time of the offence and is now 19, has no criminal record, pleaded guilty and shown remorse, did not possess any offensive weapon, engaged in no leadership or proactive violent conduct during the riot, and the training centre report indicates he is suitable for disciplinary training, balancing deterrence and rehabilitation.
The court must impose a deterrent sentence for serious riots to maintain public order; young offenders should also be afforded rehabilitative measures, balancing punishment with reform, hence the choice of a training centre order.
Ultimately, the defendant was sentenced to detention at a training centre for the offence of riot. (Translated from Chinese to English by AI)
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