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 judgment states that Defendant One and five others, between approximately noon and 3 pm on 12 November 2019, together with over a thousand protesters, occupied roads around Pedder Street, Des Voeux Road Central and Connaught Road Central in Central, damaged traffic lights, threw bricks, set fires to create roadblocks, and used an umbrella formation to confront the police. During this period, each defendant wore a mask or other face covering; Defendant Five furthermore removed his rucksack at an emergency escape exit, inside which were a lighter, hex keys, a wrench, spray paint and screws and tools. Ultimately, they were intercepted and arrested by the police, and upon trial were respectively convicted of rioting, using a face covering during an unlawful assembly, and other related charges.
The starting point for sentencing for rioting is 4 years’ imprisonment, and for the offence of using a face covering during an unlawful assembly is 6 weeks’ imprisonment, to run concurrently; Defendant Five is separately sentenced to 3 months’ imprisonment for possession of items with intent to damage property, of which 1 month is to be served in instalments; Defendant Four admitted the offence of unlicensed possession of radio communication equipment and was fined HK$1,500.
Consider that the riot was on a large scale, lasted over three hours, involved violence and the use of fire to damage facilities, paralysing a key transport hub in Central; the defendants were not the masterminds, had no prior convictions, pleaded guilty and thus saved trial time, and have been affected by the incident for over three years, making reoffending unlikely.
Rioting is a serious offence, though the defendants were merely participants rather than leaders, and have no criminal records and present mitigating factors, allowing for a reduced sentence, while still reflecting the necessity of upholding public order.
Defendants One and Two were each sentenced to 4 years’ imprisonment for rioting and 6 weeks’ imprisonment for using a face covering during an unlawful assembly, to run concurrently; Defendant Four, in addition to 4 years for rioting and 6 weeks for using a face covering, received concurrent sentencing for the offence of unlicensed possession of radio communication equipment and was fined HK$1,500; Defendant Five was sentenced to 4 years for rioting, 6 weeks for using a face covering, and 3 months’ imprisonment for possession of items with intent to damage property, with 1 month to be served in instalments, totalling 4 years and 1 month; Defendant Seven was sentenced to 4 years’ imprisonment for rioting; Defendant Eight was sentenced to 4 years for rioting and 6 weeks for using a face covering, to run concurrently. (Translated from Chinese to English by AI)
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