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The judgment noted that on 29 September 2019 around 20,000 people marched from Causeway Bay to outside the government headquarters on Harcourt Road in Admiralty. The protest evolved into a riot in three phases, with around 500 people blocking roads, setting fire to barricades and throwing bricks and petrol bombs in confrontation with the police. The defendant was arrested during the clashes and pleaded guilty to rioting.
Rioting carries a maximum sentence of 10 years. There are no dedicated sentencing guidelines; sentencing must follow the three principles and twelve factors established in case law, such as scale, number of participants, degree of violence and level of organisation, balancing punishment with rehabilitation.
In this case the riot affected the core commercial district of Central and Admiralty, involving over 500 participants who repeatedly threw hard objects and petrol bombs, and demonstrated orderly organisation. The defendant was on the front line, using bricks to build an umbrella barricade to assist in confronting the police, playing a role in incitement and assistance; however, he was only 16 years old at the time, a first-time offender, showed a good attitude in pleading guilty and remorse. Considering his rehabilitative needs, the sentencing starting point was adjusted and a training centre order was imposed.
The judge held that although the defendant was not the mastermind, his frontline role had a galvanising effect; it was necessary to balance the needs of punishment and deterrence with his interests as a young person in rehabilitation, and detention at a training centre was most appropriate.
The defendant was sentenced to detention at a training centre for the offence of rioting and must undergo disciplinary training and subsequent supervision. (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 29 September 2019, the eight defendants marched from Causeway Bay to the Government Headquarters area in Admiralty, organising an unauthorised demonstration. Protesters, in three phases, set up roadblocks, burned placards, built umbrella barricades, and hurled petrol bombs and other hard objects; they also confronted the police with hammers, bamboo poles and other makeshift weapons. They obstructed traffic for about two hours before being arrested and ultimately pleaded guilty to rioting.
For the offence of rioting, the maximum penalty is ten years’ imprisonment. Although there are no specific guidelines, reference must be made to the cases of Leung Tin-kei, Tang Ho-hin and the Admiralty riot on the same day, and the sentencing starting point should be determined with regard to the factors listed by the Court of Appeal.
Consideration was given to the fact that the riot involved more than 500 participants and that weapons such as umbrella barricades, petrol bombs and hammers were used in the government’s central business district for approximately two hours, posing a serious threat to public order and safety; although the defendants did not hold leadership roles, they assisted on the front line and spurred others on, necessitating a deterrent sentence; their good attitude after pleading guilty resulted in a 25% reduction for the plea and an additional discretionary reduction.
The court held that although the defendants were young and remorseful, the serious nature of the riot and their organised, cooperative participation on the front line necessitated immediate imprisonment to serve as a deterrent, while their remorse and youth were regarded as mitigating factors.
Defendants One, Two, Five and Six each had a sentencing starting point of 50 months and, after reductions for the plea and discretionary discount, were each sentenced to immediate imprisonment of 37.5 months; Defendants Four and Seven each had a starting point of 52 months, resulting in 39 months of immediate imprisonment after reductions; Defendant Eight had a starting point of 54 months, yielding 40.5 months of immediate imprisonment after reductions. (Translated from Chinese to English by AI)
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