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 on 29 September 2019 the eight defendants assembled without authorisation around Queensway, and the protest escalated into a large-scale riot. Protesters dismantled and set fire to display boards, built roadblocks, threw petrol bombs and bricks to obstruct roads and burned miscellaneous items, lasting about two hours, seriously disrupting traffic and public order. The defendant was 16 at the time, on the front line, confronting the police with a brick and an umbrella, and later pleaded guilty to the offence of riot.
Under section 19 of the Public Order Ordinance, the offence of riot carries a maximum penalty of 10 years’ imprisonment; with reference to Court of Appeal authorities, sentencing must take into account the degree of premeditation, the number of participants, the use of violence and weapons, the duration, disruption to public order and damage to property, the role of the protesters and the need for social deterrence. For young persons under 21, alternative custodial measures such as placement in a reformatory or labour education centre should be given priority.
The defendant acted as an assistant at the frontline of the umbrella formation, confronting police with a brick; although not the mastermind, he reinforced the riot’s offensive and defensive actions. Considering that he was only 16 at the time, had no previous convictions, showed clear remorse by pleading guilty, and had a good educational background, placement in a reformatory centre can balance disciplinary measures with rehabilitative advantages.
I am of the view that a balance must be struck between stern punishment for the riot and opportunities for rehabilitation for young offenders; placement in a reformatory centre can combine strict disciplinary training with vocational education, serving as both a deterrent and a means to facilitate reform, aligning with the overall interests of society and the personal welfare of the defendant.
The defendant was sentenced to placement in a reformatory centre to undergo long-term disciplinary training, character education and vocational skills training, with subsequent supervision applied upon completion based on his conduct and performance. (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 noted that on 29 September 2019 eight defendants participated in an unauthorised demonstration in the Admiralty area which escalated into a riot. The protesters used umbrella formations, roadblocks, petrol bombs and bricks to attack Government Headquarters and police officers, blocked major thoroughfares and damaged public facilities. The defendants pleaded guilty to rioting before the trial, and the remaining charges of assaulting police officers were allowed to be filed away.
In accordance with the maximum 10-year sentence for rioting, and considering sentencing factors such as the scale, number of participants, degree of violence and social impact in cases involving Edward Leung, Tang Ho-yin and others, the starting point was set.
In this case, over 500 people attacked police officers and Government Headquarters with petrol bombs, bricks and other objects within approximately two hours, disrupting order in the core commercial district and necessitating strong deterrence. The defendant was merely a front-line assistant, displayed a good guilty-plea attitude, had no prior convictions, was young and remorseful; therefore, from a moderate starting point, a 25% reduction for the guilty plea and about six months of discretionary sentence reduction were granted.
The judge held that rioting is a serious offence that must not be taken lightly. Although the defendant was not a mastermind, his actions contributed to the scale of violence, and a custodial sentence was necessary to uphold the rule of law and deter similar potential offences.
The defendants were sentenced to immediate imprisonment ranging from 30 months and two weeks to 36 months: some received 30 months and two weeks, others 32 months, 33 months and two weeks, 34 months and two weeks, and 36 months. (Translated from Chinese to English by AI)
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