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。
According to the judgment, on 29 September 2019 the eight defendants took part in the unauthorised “Global Anti-Totalitarian March”, assembling in Causeway Bay and marching along Hennessy Road and Queensway to the Government Headquarters area. Dressed in black and carrying various protective and provocative equipment, they blocked roads with miscellaneous items, set fire to barricades, threw petrol bombs and hard objects, directed laser beams at police officers, and used umbrellas, road signs and wooden boards as shields. On Queensway, Harcourt Road and the pedestrian footbridges, they confronted the police continuously for over two hours, seriously disrupting traffic and public order in Central, Admiralty and Wan Chai on Hong Kong Island. They were eventually dispersed by the police with tear gas and water cannons and arrested.
The offence of rioting generally requires immediate imprisonment. Sentencing should be based on the overall seriousness of the incident, with 48 months as the starting point, and may then be adjusted at the court’s discretion according to whether the defendant pleads guilty, their age and personal background.
In this case, the riot lasted for more than two hours with over a thousand participants. The location was the commercial and governmental core area. The protesters were well prepared in advance with sufficient equipment and collaborated to set up roadblocks, throw petrol bombs and hard objects, start fires and provoke with laser beams, causing serious disruption to public order. Punishment and deterrence must be the primary considerations; a guilty plea and the fact that the defendant is a young first offender may justify a reduction in sentence.
The court must demonstrate its resolve to maintain public order and impose severe punishment for violent and destructive acts; at the same time, it should consider that many of the defendants are young first offenders of good character and have the potential for reform, yet they must still be held accountable for their actions, with the hope that education will lead them back to the right path.
Defendants one and two were each imprisoned for 32 months, defendant three for 28 months, defendant four for 33 months, defendants five and six each for 34 months, and defendants seven and eight each for 32 months, all sentences to be served immediately. (Translated from Chinese to English by AI)
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