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。
According to the judgment, on the evening of 18 November 2019, the nine defendants, together with others, gathered around the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon, wearing black attire to conceal their identities. They formed umbrella barricades and used wooden boards to confront the police, repeatedly throwing petrol bombs, portable gas canisters, bricks and projecting laser beams at officers, causing blazing fires and continuous explosions on site and seriously undermining public peace. At about 11:22 pm, the police deployed the Mobile Unit and the Special Tactical Squad to advance north along Nathan Road, rapidly setting up cordons at points A, B, C and D, and subsequently subdued and arrested 213 individuals, of whom nine defendants were arrested on site. After trial and corroboration by multiple closed-circuit television recordings and live footage, the prosecution’s evidence was found to be complete, and the defendants offered no substantive rebuttal or explanation, leading to their conviction for rioting.
The defendants were charged with rioting under Section 19(2) of the Public Order Ordinance, which carries a maximum sentence of ten years’ imprisonment. Sentencing must consider the degree of the defendants’ involvement in the riot, the circumstances of weapon use, and whether it was a first-time offence.
The defendants, well aware of the violent and dangerous nature of the riot, nonetheless chose to physically obstruct police enforcement and to throw petrol bombs and other items, seriously threatening public order and personal safety, disrupting public peace with brutal and organised methods.
The judge held that, although the defendants had no prior convictions, their attitude in participating in the riot was grave and required severe punishment to uphold the rule of law and serve as a deterrent, while balancing their rights and the overall interests of society.
Each of the nine defendants was sentenced to four years’ imprisonment and ordered to pay compensation for damaged public facilities upon completion of their sentences. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 stated， the ten defendants on the evening of 18 November 2019 in the Nathan Road area of Yau Ma Tei， together with over 1,500 rioters， pre-arranged an umbrella formation、 threw about 250 petrol bombs、 portable gas canisters and bricks， and used laser beams to interfere with the police， confronted some 240 officers for nearly 40 minutes， causing traffic paralysis、 damage to facilities and multiple injuries， the police fired tear gas at the rioters to disperse them and ultimately arrested 213 people， of whom ten – the defendants – were convicted。
The maximum penalty for riot is ten years’ imprisonment， with reference to the precedents in 《Leung Tin‐Kei》、 Yang Ka‐lun and Tang Ho Yin and the twelve sentencing considerations， the benchmark sentence is set at five years to five years and six months。
The riot in this case was large‐scale（approximately 1,500 to 2,000 people）、 involved the throwing of about 250 petrol bombs， was premeditated and lasted over 38 minutes， and posed a serious threat to public order and the rule of law； the defendants were merely participants， without leadership or instigation， and thus a discretionary reduction from the benchmark was made to their individual sentencing levels。
The riot seriously undermined social tranquillity and the rule of law， it must be met with a deterrent and punitive custodial sentence to punish it severely， without reduction for lack of prior convictions or other mitigating factors， to serve as a warning to others。
One of the defendants， being only 19 years old， was ordered to serve his sentence at a reformative training centre； the remaining seven defendants were each sentenced to five years and one month’s imprisonment； two other defendants， who carried umbrellas and telescopes and whose level of participation was somewhat higher， were each sentenced to five years and four months’ imprisonment。 (Translated from Chinese to English by AI)
查看完整判刑理由書