判決理由書／裁決書撮要(由AI生成)
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The judgment states that from 18 to 19 November 2019, a large number of protesters gathered in the area from Nathan Road to Waterloo Road in Yau Ma Tei, Kowloon, following the Polytechnic University incident. The protesters built barricades with umbrellas and wooden boards, threw over 251 petrol bombs and bricks, shone lasers at the police, and set fires, severely disrupting public order. The police used tear gas and rubber bullets to disperse and encircle the crowd, established a temporary detention zone at the junction, and arrested 213 people. The tenth and eleventh defendants were each subdued during the police advance and were formally arrested and charged with riot at around 3 a.m. on the same day and brought before the court.
According to Section 19 of the Public Order Ordinance, the offence of riot carries a maximum sentence of ten years’ imprisonment; sentencing considerations include whether the defendant was a ringleader, the level of violence, and the impact on public safety and order.
In sentencing, the court considered the defendant’s actual level of participation in the core area of the riot and their role in inciting it; the use of dangerous weapons such as petrol bombs posed a serious threat to public order and police officers, necessitating a penalty to deter and uphold the rule of law.
The bench finds the defendant’s testimony self-contradictory and unreliable; the prosecution’s evidence, including CCTV footage, police recordings, and an intact chain of custody of on-site items, is sufficient to prove the defendant’s participation in and encouragement of the riot, leaving no doubt in the conviction.
The defendants were each found guilty of riot. The court will pronounce the sentence after hearing mitigation submissions. (Translated from Chinese to English by AI)
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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 notes that between 11 and 18 November 2019, protesters launched a ‘three strikes’ campaign and on the evening of 18 November gathered at the intersection of Nathan Road and Waterloo Road in Yau Tsim Mong, erecting barriers with umbrellas, planks and other materials, and threw over 250 petrol bombs and miscellaneous objects, repeatedly confronting the police. The police fired tear gas in successive rounds to disperse the crowd and at around 23:26 carried out an encirclement and arrest operation, apprehending six defendants on the spot. Afterwards, the scene was devastated, public facilities were damaged, multiple roads and MTR station exits were destroyed, several officers were injured, and traffic was completely paralysed.
Under the Public Order Ordinance, the maximum sentence for rioting is ten years’ imprisonment. In the absence of specific guidelines, the Hong Kong Court of Appeal has consistently established a starting point of five years’ imprisonment and emphasised that immediate custody is punitive and deterrent.
The case involved a premeditated operation with over a thousand participants, a high level of violence, the use of petrol bombs, laser pointers and other weapons, in a densely populated area causing significant property damage and casualties. Although there was no evidence of individual incitement, the defendants acted in concert throughout, warranting a starting point of 60 months’ imprisonment.
The court held that the riot gravely undermined the rule of law and public order, and required a severe response to send a deterrent message. Although the defendants pleaded guilty and made mitigation pleas, their background and remorse were insufficient to warrant a substantial reduction in sentence.
Taking into account the guilty pleas, a 25% discount was applied, reducing the 60-month sentence to 45 months’ imprisonment; one defendant received a further reduction of four months due to youth and volunteer experience, resulting in 41 months’ imprisonment, while the remaining defendants were each sentenced to 45 months’ imprisonment. (Translated from Chinese to English by AI)
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