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The judgment states that on 29 September 2019, the defendants took part in a riot outside the Admiralty Government Headquarters with others, successively setting fire to the Queensway and Harcourt Road pedestrian bridges, throwing petrol bombs, traffic cones and laser beams, and blocking roads while damaging water-filled barriers and glass curtain walls, severely disturbing public order. The prosecution, relying on multiple protest videos and police officers’ written and oral statements, confirmed that the defendants were dressed in black, wore masks and carried umbrellas and other equipment, and despite being aware of the riot, intentionally remained to encourage others’ actions. Ultimately, after the police commenced dispersal operations, they were subdued and arrested separately at the centre and left wing of the Government Headquarters. After a detailed trial, both defendants were convicted of rioting.
Pursuant to Section 19 of the Public Order Ordinance on the offence of rioting, the maximum penalty is ten years’ imprisonment.
Considering the defendants wore protest attire, used umbrellas to conceal their identities and assisted others in committing offences, and knowing full well a riot was underway yet still remained at the scene, the circumstances are serious and a heavy sentence is required to serve as a deterrent.
The defendants were found to have participated in the offence, intentionally joined and encouraged the riot; the evidence is conclusive beyond reasonable doubt.
Both defendants were sentenced to five years’ imprisonment for the offence 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 judgement states that on 29 September 2019, the twelve defendants, together with approximately five hundred protesters, blocked Harcourt Road outside the Government Headquarters in Admiralty, set up umbrella barricades and obstacles, and threw petrol bombs, bricks, giant rubber-band launchers and other hard objects at the Government Headquarters and police officers, resisting multiple warnings and dispersal by tear gas and water cannon. The riot lasted for about twenty-six minutes until the police rushed out from the headquarters to disperse and make arrests. Some defendants pleaded guilty before trial or on the day of the hearing, while the remainder were convicted after trial.
With reference to the sentencing principles for rioting set out by the Court of Appeal in the cases of Leung Tin-kei, Yeung Ka-lun and Tang Ho Yin, the general starting point is five years and four months’ imprisonment, with reductions allowed according to the defendants’ roles, equipment and timing of guilty pleas.
This case involved a riot by about five hundred people, using petrol bombs, hard objects, launchers and umbrella barricades, repeatedly ignoring warnings, posing a serious threat to public order and the rule of law; the equipment used by each defendant indicates participation beyond the lowest level, and the absence of prior convictions is insufficient to mitigate the sentence, requiring a punishment that is both punitive and deterrent.
The court emphasised its determination to maintain public order; the rioters acted lawlessly and openly disrupted social peace, meriting severe sentences as a warning to others; however, sentencing must also consider individual circumstances and discounts for guilty pleas, rather than blindly following decisions in other cases.
The court used five years and four months’ imprisonment as the sentencing benchmark and, after taking into account each defendant’s timing of guilty plea and individual conduct and applying the reductions, sentenced each defendant to immediate imprisonment ranging from four years to five years and three months. (Translated from Chinese to English by AI)
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