判決理由書／裁決書撮要(由AI生成)
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According to the judgment, between 18 and 19 November 2019, riots broke out in the Yau Ma Tei to Mong Kok area of Kowloon. The police deployed along the junction of Nathan Road and Waterloo Road and advanced northwards to disperse the demonstrators. During this period, the demonstrators attacked the police with a large number of petrol bombs, bricks, miscellaneous objects and laser beams. The two defendants were successively subdued by police and taken to a temporary detention area in the core riot zone. Their identities were confirmed by CCTV, police operational footage and on-site witness recordings. The prosecution proved that the two intentionally remained at the scene and encouraged or assisted the riot. They were ultimately convicted of participating in a riot.
According to section 19 of chapter 245 of the Public Order Ordinance, the term of imprisonment for the offence of participating in a riot depends on the degree of involvement, the consequences of violence and the attitude of the defendant.
The two defendants were in the very heart of the riot; despite knowing that demonstrators were throwing petrol bombs and hard objects, they deliberately remained. Their testimonies were contradictory and showed no remorse. Their conduct seriously disrupted social order and public safety, and they should be severely punished to achieve deterrence.
The judge held that the defendants were not mere bystanders; they intentionally appeared in an environment of high danger and actually encouraged or assisted violent acts, demonstrating their intent to participate in the riot, and should therefore be sentenced severely.
Both defendants were sentenced to three years and six months’ imprisonment each. (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 stated that the six defendants participated in a riot on 18 November 2019 at the junction of Nathan Road and Waterloo Road in Yau Tsim Mong District. On that day, protesters erected barricades of umbrellas and wooden planks across several main thoroughfares, threw over 250 petrol bombs, bricks and miscellaneous objects, and shone laser beams at the police, causing serious damage to multiple public facilities. Four police officers were injured, and MTR station entrances and street lamps were destroyed. The police issued repeated warnings to disperse to no avail, and ultimately implemented a cordon, where the defendants were apprehended and arrested on the spot.
The maximum penalty for riot is ten years’ imprisonment, with a sentencing starting point of five years’ imprisonment, based on punishment and deterrence, and with reference to multiple cases in Hong Kong and the UK.
This case involved a premeditated and large-scale riot, with over a thousand protesters mobilised, using a large quantity of weapons and petrol bombs to cause serious threats and destruction. The defendants had no leadership or instigation roles, pleaded guilty and received a 25% discount, and D4 received a further reduction for good character.
Riot offences must be met with immediate imprisonment, otherwise it is difficult to maintain public order; although the defendants have good backgrounds, their serious disregard for the rule of law must be sternly addressed.
In the end, defendant D4 was sentenced to 41 months’ imprisonment, and the other five defendants were each sentenced to 45 months’ imprisonment. (Translated from Chinese to English by AI)
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