判決理由書／裁決書撮要(由AI生成)
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The judgment states that on 29 September 2019, a large crowd of protesters gathered outside the Government Headquarters in Admiralty, blocking roads, setting fires on and under the Harcourt Road flyover, throwing petrol bombs, traffic cones and laser beams, and damaging the glass curtain wall of the Government Headquarters; prosecution evidence shows that the first defendant and the twelfth defendant were both within the area of the riot, wearing black clothing and black masks and holding umbrellas, and were subsequently pursued and arrested by the police.
In accordance with sections 18(1) and 19(1) of the Public Order Ordinance and the principle of participation in the offences of unlawful assembly and riot as established in the Court of Final Appeal case HKSAR v Lo Kin Man
The defendants were aware that they were at the scene of a riot, their attire was indistinguishable from that of other protesters, and they intended to participate in and assist the disruption of public order, posing a high danger to society; they must be severely punished as a deterrent
The defendant, dressed entirely in black and wearing a black mask and holding an umbrella as an offensive and defensive tool, acted in concert with other rioters; the evidence is conclusive and leaves no reasonable doubt.
Both defendants were convicted of riot, with sentencing adjourned. (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 stated that on 29 September 2019, approximately five hundred protesters instigated a riot outside the Government Headquarters at Admiralty, blocking Harcourt Road carriageways and pedestrian bridges, throwing petrol bombs and bricks, using large rubber bands to catapult hard objects and laser beams, and setting protective water barriers alight. The police issued multiple warnings and deployed tear gas and water cannon to disperse the crowd, but were only able to arrest twelve defendants at 16:48 when officers rushed out from the Government Headquarters. Some of the defendants pleaded guilty on pre-trial review or on the first day of trial, while the remaining two were convicted after trial.
In this case, a custodial sentence of five years and four months was set as the starting point for the offence of rioting, as the defendants were not mere bystanders bolstering the crowd but carried fire- and cut-resistant gloves, umbrellas, walkie-talkies and other equipment, indicating an organised and pre-planned level of participation.
In view of the demonstration’s pre-planning, the participation of around five hundred people, and the high-risk assault behaviours, including the use of petrol bombs, hard projectiles, rubber band launches and arson, targeting core government facilities and severely threatening public order, immediate imprisonment was deemed necessary to uphold the rule of law and serve as a strong deterrent. The defendants’ early guilty pleas and character references in mitigation letters were insufficient to warrant significant sentence reductions.
The judge held that the severity of the riot far exceeded previous cases, with the demonstrators’ malicious attacks on public property and police officers showing blatant disregard for the law. The public had not been adequately deterred, and severe sentences were necessary to set an example.
Ultimately, after discretionary reductions for guilty pleas and individual circumstances, the defendants were each sentenced to imprisonment of between four years and a maximum of five years and three months, with their sentences to be served immediately. (Translated from Chinese to English by AI)
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