判刑理由書撮要(由AI生成)
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The judgment stated that, during the protest occupation at Hong Kong Polytechnic University in November 2019, the police successively announced that everyone on campus had to leave through designated exits, but the defendant and about 100 protesters attempted to break through the main entrance on the afternoon of 18 November, confronted the police near Cheung Wan Road, formed an umbrella defence line, and launched petrol bombs and arrows in attack, and during the arrest the defendant violently struggled and was found in possession of equipment including a helmet, gas mask, gloves, black clothing and a laser pointer capable of causing eye injury.
According to section 19 of the Public Order Ordinance, the maximum penalty for the offence of riot is 10 years (7 years in the District Court); section 33 of the Public Order Ordinance on possession of offensive weapons and section 36(b) of the Offences against the Person Ordinance on resisting law enforcement also stipulate sentencing; and the 12 sentencing considerations for riot offences elaborated by the Court of Appeal are also referenced.
This bench is of the view that the defendant participated in a collective riot and intended to use weapons to attack police officers, possessed offensive devices such as a laser pointer, and violently struggled when arrested, and that the starting points for sentencing are 4 years, 6 months and 3 months respectively; considering the defendant’s guilty plea, a one-third discount is applied, resulting in sentences of 32 months, 4 months and 2 months respectively, all of which must be served consecutively in full.
The court emphasised its determination to uphold public order and the rule of law and will show no mercy towards violence against law enforcement officers; at the same time it considered the defendant’s youth, remorse and prospects for rehabilitation, and hopes society will give an opportunity for reintegration.
The defendant was sentenced to 32 months’ imprisonment for riot, 4 months for possession of offensive weapons, and 2 months for resisting law enforcement, totalling 38 months, all of which are to be served consecutively in full. (Translated from Chinese to English by AI)
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