判刑理由書撮要(由AI生成)
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According to the judgment, the eight defendants on 29 September 2019 in the Admiralty area of Hong Kong Island, wearing black clothing and equipped with miscellaneous items, set up roadblocks in three consecutive stages over approximately two hours; along the footbridges over Queensway and Harcourt Road, they threw petrol bombs, stones and laser beams at the police, and committed arson and property damage, causing traffic paralysis and serious disruption of public order, and were ultimately arrested between United Centre and Pacific Place.
Participation in riot offences generally necessitates immediate imprisonment. There is no definitive sentencing guideline, but previous cases have used 48 to 54 months’ imprisonment as a baseline, with sentencing determined according to the overall seriousness of the crowd’s behaviour.
In this case, the riot involved more than a thousand participants, lasted for over two hours, and took place outside a core commercial district and government headquarters. The conduct was highly intimidating and seriously disrupted public peace. Sentencing must balance punishment and deterrence, and send a clear message to society that violent destruction will not be tolerated by law.
The defendants’ motives and ideologies are not the primary focus of sentencing; the main consideration is maintaining public order and social peace. However, most of the defendants are young first-time offenders with a good attitude to pleading guilty, which are discretionary mitigation factors.
All eight defendants pleaded guilty to participating in a riot and were ultimately sentenced to immediate imprisonment for terms ranging from 28 to 34 months, to be served immediately. (Translated from Chinese to English by AI)
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