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 judgement states that in this case the eight defendants, on 29 September 2019 around Harcourt Road in Admiralty, together with others took part in an unauthorised “Global Anti-Totalitarian March”. Despite multiple police warnings, the demonstration escalated into a large-scale riot in three stages, with protesters erecting roadblocks, throwing bricks and petrol bombs, setting fires and occupying a vehicular flyover, severely disrupting traffic in the Central district’s core and attacking the government headquarters’ defences. The eight defendants pleaded guilty in January 2023, one of whom was only 16 at the time of the incident.
Based on the principles from the Leung Tin-kei and Tang Ho-yin cases, and considering factors such as the scale of the riot, violent methods, number of participants, duration and the defendant’s role, the sentencing starting point is four years’ imprisonment, with consideration of detention at a reformatory or labour education centre as an alternative for young defendants under the age of 21.
This defendant constructed an umbrella barricade on the front line and possessed bricks to confront the police; his role was of an assisting and encouraging nature. Considering his guilty plea, lack of prior convictions and need for rehabilitation, the court decided to obtain a report from the reformatory and substitute immediate imprisonment with detention at the reformatory.
The judge considers that the large-scale riot caused serious damage to social order, but as the defendant was young and easily influenced, it is appropriate to reform him through the strict disciplinary training of a reformatory, thereby balancing punitive, deterrent and rehabilitative objectives.
The defendant was sentenced to detention at a reformatory, receiving comprehensive character and vocational training, in lieu of immediate imprisonment. (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 indicated that the defendants participated on 29 September 2019 in the “Global Anti-Totalitarian March” along Queensway without police approval. The demonstration escalated into a riot in three stages: first, barricades were erected on Queensway and Harcourt Road, placards burned and traffic obstructed; next, protesters formed an umbrella front to confront police and hurled petrol bombs, bricks and other hard objects; finally, intense clashes broke out along Queensway with police, sparking fires. On 30 January 2023 the defendants pleaded guilty to rioting, and the remaining charges of assaulting police were filed.
Under section 19 of the Public Order Ordinance the offence of rioting carries a maximum sentence of ten years’ imprisonment; sentencing must take into account case law from the Court of Appeal and equivalent courts, considering the scale of the riot, degree of violence, duration, level of planning, use of weapons, damage caused and the defendant’s role, while also recognising plea discount, the defendant’s age and remorse.
In this case the riot involved approximately 500 protesters who paralysed traffic in Central’s core area in three stages. The protesters were well equipped, formed an umbrella front to confront police and threw petrol bombs and hard objects, posing a significant threat to public safety and the economy. The defendant played a supportive and leading role at the frontline, requiring a strong deterrent sentence. Therefore a starting sentencing range of 4 years 2 months to 4 years 6 months was adopted, followed by a 25% plea discount and adjustments for age and remorse.
The judge considered that although the defendant was not a main organiser, his frontline actions and protective gear demonstrated premeditation and encouraged others to follow, showing he bore considerable responsibility in the riot. His youth and the social context may attract sympathy, but these factors cannot outweigh the severity of the riot and the need for public deterrence.
The first, fifth and sixth defendants were each sentenced to immediate imprisonment of 30 months and two weeks; the second defendant to 34 months and two weeks; the fourth defendant to 36 months; the seventh defendant to 32 months; the eighth defendant to 33 months and two weeks; sentencing for the third defendant was addressed separately. (Translated from Chinese to English by AI)
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