判刑理由書撮要(由AI生成)
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The sentencing remarks state that on 18 November 2019, during the siege at Hong Kong Polytechnic University, the defendant and about one hundred protesters formed an umbrella barricade along Cheung Wan Road to confront the police. During this time, petrol bombs were thrown and arrows were fired. When apprehended, the defendant was wearing riot gear and in possession of a laser pen and other items. The defendant ultimately pleaded guilty to one count of rioting, one count of possessing an offensive weapon, and one count of resisting a police officer, and entered into a plea agreement in the case, with all three charges being upheld.
According to section 19 of the Public Order Ordinance, the maximum penalty for rioting is 10 years’ imprisonment, and the District Court may impose up to 7 years’ imprisonment; section 33 of the Public Order Ordinance provides for the offence of possessing an offensive weapon; section 36 of the Offences Against the Person Ordinance provides for the offence of resisting a police officer. The Court of Appeal in the Leung Tin-kei case ([2020] 3 HKC 659) elaborated twelve factors to consider when sentencing for rioting.
Considering that the defendant, together with about 100 demonstrators, collectively rioted and used arrows and petrol bombs to attack police officers, severely disrupting public order; possessed a Class 3B laser pen with intent to cause harm; although no injuries resulted during the resistance, the violent struggle demonstrated disrespect towards law enforcement personnel. Taking into account the gravity of the offences and the need for deterrence, a starting point of 4 years’ imprisonment is set for the rioting offence, 6 months for the weapons offence, and 3 months for the resisting offence, followed by a one-third discount for the guilty plea.
The judge found that the defendant was young and had no prior convictions, showed remorse, and had accepted the legal consequences. However, by choosing violence to express demands during social movements, the defendant must pay an appropriate price to uphold the rule of law and deter others. The judge reiterated that attacks on law enforcement personnel will not be tolerated and expressed the hope that the defendant will be able to reintegrate into society after serving the sentence.
The defendant was sentenced to 32 months’ imprisonment for the rioting offence, 4 months for possessing an offensive weapon, and 2 months for resisting a police officer. The sentences are to run consecutively, totalling 38 months. (Translated from Chinese to English by AI)
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