判決理由書／裁決書撮要(由AI生成)
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The judgment stated that on the evening of 18 November 2019, the defendants, together with other protesters, formed roadblocks at the junction of Nathan Road and Waterloo Road in Yau Ma Tei, Kowloon using umbrellas and wooden planks, hurled petrol bombs, gas cylinders and bricks, refused multiple police warnings, and with flames rising on site, intimidated passers-by. At approximately 23:22, the police advanced, swiftly establishing cordons at points A, B, C and D and subduing the suspects, ultimately arresting 213 individuals, including the defendants. The prosecution, relying on CCTV, live broadcast footage and written and oral testimony from over twenty-two officers, confirmed the defendants were present shortly after the advance. The defence offered no substantive rebuttal and the evidence against each defendant was conclusive.
In accordance with Section 19 of the Public Order Ordinance for the offence of riot, with reference to the precedent set in the R v Lo Kin-man case regarding unlawful assembly and riot offences
The defendant remained at the scene during the height of the riot, dressed in the customary protest attire of black clothing and face coverings, and participated in violent acts such as throwing petrol bombs, severely disrupting public order; the evidence is comprehensive and reliable, and the degree of guilt is significant
Riots are highly fluid, necessitating the integration of video footage and police testimony to delineate the scope and the defendant’s role; the defence presented no evidential rebuttal; the court need not indulge in hypothetical defences and fully accepts the prosecution’s evidence
All nine defendants were convicted of the offence of riot. (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 the evening of 2019年11月18日 on Nathan Road in Yau Ma Tei, Kowloon, the ten defendants participated in a riot. Approximately 1,500 to 2,000 people were present; the rioters formed umbrella barricades, blocked roads, threw around 250 petrol bombs and bricks, and projected laser beams, causing road traffic disruptions, the closure of the MTR station, and damage to multiple facilities. After multiple warnings, the police fired tear gas, and about 38 minutes later commenced a cordon-and-arrest operation, detaining a total of 213 people.
Pursuant to Section 19 of the Public Order Ordinance and Court of Appeal precedents, having regard to the degree of planning of the riot, the scale of participants, the use of weapons, and its duration, the starting point for sentencing is set at 5 to 7 years.
The violence in this case was severe and organised, causing significant impact on public order and safety; although the defendants had no prior convictions and some pleaded guilty and assisted the proceedings, the core of the sentence must be heavy to achieve punishment and deterrence.
The rioters were lawless, openly challenging the rule of law and law enforcement; only severe punishment can uphold social tranquillity and the authority of the rule of law.
Of the defendants, the 19-year-old was ordered to be detained at a training centre, while the remaining nine were to be imprisoned immediately: seven were each sentenced to five years and one month; two, for carrying umbrellas or binoculars, were each sentenced to five years and four months, with the sentences to be served concurrently. (Translated from Chinese to English by AI)
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