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 the afternoon of 29 September 2019, the defendants participated in a large-scale protest outside the Government Headquarters in Admiralty, gathering with others to blockade roads, set fires and throw petrol bombs, and forming an umbrella formation on the Harcourt Road footbridge to confront the police. The police fired tear gas and deployed water cannon, and at around 16:48 charged from the left, centre and right wings to disperse the crowd, arresting the two defendants at the scene. In the trial, the prosecution relied on police testimonies and extensive video evidence to prove that the defendants, clad in black, masked and carrying umbrellas, actively participated in or encouraged the riot. The judge convicted them of the offence of rioting.
According to section 19 of the Public Order Ordinance, the offence of riot carries a maximum sentence of ten years’ imprisonment. Sentencing must take into account the nature of the unlawful conduct, the role of the defendant and the impact on public order.
The defendants were dressed in black, wearing masks and carrying umbrellas, fully aware of the riotous nature of the event, yet they joined others in disrupting public order. Despite having no prior convictions, they require severe punishment to serve as a warning to society.
The judge considered that the defendants were not innocent bystanders but active participants and promoters of the riot. Their destructive conduct was serious and merits a strong penalty to achieve punitive and deterrent effects.
Both defendants were found guilty of rioting; sentencing has been adjourned and the specific terms will be decided at a later hearing. (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 states that on 29 September 2019 approximately 500 people outside the Government Headquarters in Admiralty escalated into a riot. Protesters blocked roads, threw petrol bombs and bricks, and shone laser beams. Despite multiple warnings and attempts to disperse them with a water cannon, the crowd did not disperse. Police charged out from the headquarters to break up the riot and made arrests. Twelve defendants either pleaded guilty or were convicted after trial.
I have considered the sentencing principles established by the Court of Appeal in the relevant riot cases, taking into account the scale and seriousness of the riot, and adopt 5 years and 4 months’ imprisonment as the sentencing benchmark.
The riot was premeditated and organised, involving about 500 participants equipped with petrol bombs, hard objects, laser pointers and an umbrella formation to attack the core of the Government Headquarters, openly defying the police. Multiple warnings were ignored; the defendants all carried offensive and defensive equipment, and their level of participation was not minimal. A heavy sentence is necessary for punishment and deterrence.
The judge considers the nature of the offence to be extremely serious, requiring immediate custody for retribution and deterrence. Any reduction is limited to discounts for guilty pleas and cooperation; the absence of prior convictions and volunteer backgrounds does not warrant mitigation.
Sentence: the first defendant is sentenced to 63 months’ imprisonment; the second, fifth, sixth, ninth and eleventh defendants to 48 months’ imprisonment each; the third, fourth, seventh and tenth defendants to 50 months’ imprisonment each; and the twelfth defendant to 62 months and 2 weeks’ imprisonment. (Translated from Chinese to English by AI)
查看完整判刑理由書