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The judgment states that the eight defendants participated in the ‘Global Anti-Totalitarianism March’ around Admiralty on 29 September 2019. The protest proceeded from Causeway Bay along Hennessy Road and Queensway towards the Government Headquarters and escalated into a riot. Protesters erected roadblocks, set fire to debris, raised umbrellas and flags, repeatedly threw petrol bombs, bricks and other hard objects, and shone laser beams at police officers, causing severe traffic obstruction and disturbing public order. The police issued multiple warnings, deployed tear gas and water cannons to disperse the crowd, and after about two hours subdued and arrested the eight defendants in the area between United Centre and Pacific Place.
According to Section 19 of the Public Order Ordinance on the offence of riot, the penalty is generally immediate imprisonment. Sentencing guidelines depend on the scale of the riot, its duration and the extent of disruption to public order. In this case, with over a thousand participants, a duration of approximately two hours and a location within the governmental and commercial core, a general sentencing benchmark of 48 months’ imprisonment is established.
In considering the protesters’ staged confrontations with the police using umbrella formations, roadblocks and improvised equipment, and their repeated throwing of petrol bombs, hard objects and acts of arson, which caused significant harm to public tranquillity; and noting that they were well-equipped, organised and acted in concert, strong deterrence was required; however, as the defendants are mostly young first-time offenders with a guilty plea, good character and mitigating factors, a discretionary sentence reduction was applied.
The judge held that the rioters, by virtue of their numbers and violent tactics, pursued a common purpose and, regardless of motive, must be severely punished to maintain public order; he also extended sympathy to the young first-time offenders and hoped for their future rehabilitation, but the seriousness of the crime and its social harm preclude leniency.
All eight defendants were found guilty of the offence of riot and sentenced to imprisonment as follows: Defendant One and Defendant Two each received 32 months; Defendant Three received 28 months; Defendant Four received 33 months; Defendant Five and Defendant Six each received 34 months; and Defendant Seven and Defendant Eight each received 32 months, all to be served immediately. (Translated from Chinese to English by AI)
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