anti-elab-2786 DCCC114/2021 Riot

文件編號:

anti-elab-2786

案件編號:

DCCC114/2021

控罪:

Riot

涉事日期 :

2019-09-29

涉事地點 :

Admiralty

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

No Reasons for Verdict.

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 written judgment stated that on 29 September 2019, eight defendants took part in a demonstration called the “Global Anti-Totalitarianism March”. The protest began in Causeway Bay, proceeded along Hennessy Road and Queensway to the exterior of the Government Headquarters, and escalated into a riot. A large number of protesters erected roadblocks, set fire to objects, raised umbrellas and foreign flags as cover, and threw petrol bombs, bricks and laser beams to provoke officers, confronting the police in the Queensway area for over two hours, causing traffic paralysis and a serious disruption to public order. After issuing multiple warnings and deploying tear gas and water cannon to disperse the crowd, the police arrested eight people in the evening in batches at United Centre, Queensway and Pacific Place.

Immediate imprisonment is the principle, with a baseline sentence of 48 months, to be adjusted at the court’s discretion according to the overall severity of the riot and each defendant’s level of participation.

In light of the large number of demonstrators, the organised nature of their actions lasting over two hours, the use of violence and destructive methods, and the fact that the location is Hong Kong’s commercial and governmental core area—seriously disrupting public order—and having regard to the defendants’ backgrounds, their pleas of guilt and their status as first-time offenders, a moderate reduction in sentence is warranted.

Violent disruption of public order cannot be tolerated; to maintain social stability, the law must prescribe clear penalties. While the court acknowledges that the young defendants have promising futures, they must be held accountable for their decisions as a deterrent to others.

The court convicted the eight defendants of rioting and sentenced them to immediate imprisonment, adjusted as follows: the first and second defendants each to 32 months; the third defendant to 28 months; the fourth defendant to 33 months; the fifth and sixth defendants each to 34 months; and the seventh and eighth defendants each to 32 months, to be served immediately. (Translated from Chinese to English by AI)

查看完整判刑理由書

Case Details

File No. anti-elab-2786
Case No. DCCC114/2021
Judge LIN Kam Hung, Ernest
Court District Court No. 36
Plea Plead guilty
Verdict Convicted
Charge Riot
Sentence Imprisonment
Incident Date 2019-09-29
Incident Location Admiralty
Reasons for Verdict (AI Summary) No Reasons for Verdict.
Reasons for Sentence View
Reasons for Sentence (AI Summary) The written judgment stated that on 29 September 2019, eight defendants took part in a demonstration called the "Global Anti-Totalitarianism March". The protest began in Causeway Bay, proceeded along Hennessy Road and Queensway to the exterior of the Government Headquarters, and escalated into a riot. A large number of protesters erected roadblocks, set fire to objects, raised umbrellas and foreign flags as cover, and threw petrol bombs, bricks and laser beams to provoke officers, confronting the police in the Queensway area for over two hours, causing traffic paralysis and a serious disruption to public order. After issuing multiple warnings and deploying tear gas and water cannon to disperse the crowd, the police arrested eight people in the evening in batches at United Centre, Queensway and Pacific Place.</p><p>Immediate imprisonment is the principle, with a baseline sentence of 48 months, to be adjusted at the court’s discretion according to the overall severity of the riot and each defendant’s level of participation.</p><p>In light of the large number of demonstrators, the organised nature of their actions lasting over two hours, the use of violence and destructive methods, and the fact that the location is Hong Kong’s commercial and governmental core area—seriously disrupting public order—and having regard to the defendants’ backgrounds, their pleas of guilt and their status as first-time offenders, a moderate reduction in sentence is warranted.</p><p>Violent disruption of public order cannot be tolerated; to maintain social stability, the law must prescribe clear penalties. While the court acknowledges that the young defendants have promising futures, they must be held accountable for their decisions as a deterrent to others.</p><p>The court convicted the eight defendants of rioting and sentenced them to immediate imprisonment, adjusted as follows: the first and second defendants each to 32 months; the third defendant to 28 months; the fourth defendant to 33 months; the fifth and sixth defendants each to 34 months; and the seventh and eighth defendants each to 32 months, to be served immediately. (Translated from Chinese to English by AI)

裁判官/法官:

LIN Kam Hung, Ernest

法院:

District Court No. 36

認罪:

Plead guilty

罪成:

Convicted

判刑:

Imprisonment

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