判刑理由書撮要(由AI生成)
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The judgment states that on 12 November 2019, from around midday until about 3pm, thousands of protesters occupied roads in Central, damaged traffic lights, erected roadblocks, set fires and used an umbrella formation to confront the police. Officers fired tear gas and intercepted a group of activists, arresting protesters, including several defendants, at an emergency exit. During this period all defendants wore masks or other face coverings; the fifth defendant had destructive items such as lighters, tools and spray paint concealed in a backpack at the scene.
Having regard to the large scale of the riot, its duration of over three hours, and the use of violence and arson, the starting point for sentencing should be four and a half to five years’ imprisonment; for the offence of using face coverings the starting point is six weeks’ imprisonment; individual defendants are also charged with the offences of possession of property with intent to destroy or damage it and of unlicensed communication equipment.
The defendants have no prior convictions and are neither organisers nor active perpetrators of violence; therefore, the starting point can be reduced to four years’ imprisonment. The sentence for using face coverings is to be served concurrently for six weeks. The fifth defendant, who possessed destructive tools, is sentenced to three months for the possession offence; in view of the overall sentencing, only one month is to be served consecutively with the principal sentence. The fourth defendant is fined for the unlicensed communication equipment offence.
Although the protesters did not act with prior planning, the riot involved a large number of participants and a high level of violence, causing serious disruption to public order; a custodial sentence is necessary as a deterrent. However, given the defendants’ good backgrounds, the ordeal of investigation and trial they have already endured, and the low risk of reoffending, a moderate reduction in sentence is warranted, with a combination of concurrent and consecutive sentencing arrangements.
Defendants 1, 2, 8 and 7 are each sentenced to four years’ imprisonment for rioting and six weeks’ imprisonment for using face coverings, to be served concurrently; the fourth defendant is additionally fined HK$1,500 for possessing unlicensed radio communication equipment; the fifth defendant is sentenced to four years’ imprisonment for the riot and face covering offences, and to three months’ imprisonment for the possession of tools offence, of which one month is to be served consecutively, resulting in a total term of four years and one month’s imprisonment. (Translated from Chinese to English by AI)
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