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 two defendants took part in the “Global Anti-Totalitarianism March” from Causeway Bay via Wan Chai to outside the Government Headquarters in Admiralty, which then developed into a riot. Protesters blocked roads around Admiralty and Harcourt Road, threw petrol bombs and debris, set fires, and damaged water-filled barriers and glass curtain walls. The police repeatedly deployed tear gas and water cannons to disperse the crowd, and at around 16:48 they charged out of all exits of the Government Headquarters, subdued and arrested the two defendants.
According to section 18 (unlawful assembly) and section 19 (riot) of the Public Order Ordinance, these are participatory offences, requiring proof that the defendants intended to participate in or facilitate behaviour that disrupts public peace, with due consideration of the fluid nature of the riot and the individual roles of the defendants.
Both defendants wore black protester attire and were equipped with masks, umbrellas and other protective and tactical gear. Despite knowing that a riot was unfolding, they remained within the conflict zone to bolster the momentum or facilitate others’ violent acts. The prosecution evidence is sufficient and beyond reasonable doubt; they should be convicted.
The scene of the riot was highly fluid, with participants moving around and coordinating attacks. The defendants were not innocent bystanders; they deliberately positioned themselves on the front line to assist or encourage destructive behaviour. The overall evidence indicates they indeed shared the common intent to participate.
The court found Defendant One and Defendant Twelve guilty of rioting. (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 the twelve defendants participated on 29 September 2019 in the ‘Global Anti-Totalitarian March’ without a no-objection letter, and the march to the exterior of the Government Headquarters at Admiralty escalated into a riot. Protesters occupied Harcourt Road carriageways and footbridges, erected barricades, and threw petrol bombs and bricks at the Government Headquarters, emitted laser beams, set fire to water-filled barriers in multiple locations, resulting in traffic paralysis. The riot lasted approximately twenty-six minutes before the police deployed tear gas and water cannons and then stormed outside the Government Headquarters to arrest the defendants. Nine persons pleaded guilty before trial, two pleaded guilty on the first day of the trial, and the remaining two were convicted after trial.
A term of five years and four months of imprisonment was adopted as the sentencing benchmark.
Approximately five hundred people took part in a planned operation, throwing petrol bombs and hard objects and committing arson, seriously disrupting the core operations of the government and threatening public order; the defendants carried protective and destructive equipment, had no prior convictions, but only received a reduced sentence for pleading guilty.
The sentence must severely punish violent attacks on public peace to uphold the rule of law and serve as a deterrent.
Defendant 1: five years and three months’ imprisonment; Defendants 2, 5, 6 and 9: four years each; Defendants 3, 4, 7 and 10: fifty months each; Defendant 8: fifty-one months; Defendant 11: four years; Defendant 12: sixty-two months and two weeks. (Translated from Chinese to English by AI)
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