判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment stated that on the night of 29 August 2019, between approximately 23:12 and 23:41, multiple protesters gathered on Kam Chau Street outside the Sham Shui Po Police Station in Kowloon. They used high-powered laser pointers to illuminate the station, shouted abuse, and threw bricks. Despite repeated police warnings, they refused to disperse. The police then launched a dispersal and arrest operation. Eight defendants were prosecuted for rioting, with defendants three and eight additionally charged with possessing an offensive weapon in a public place. After considering trial footage, CCTV and witness testimony, defendant four was found unfit to stand trial and acquitted. The remaining defendants either pleaded guilty or were convicted.
Based on Section 19 of the Public Order Ordinance (rioting) and relevant precedents (e.g. the Lo Kin-man case), which establish requirements for participation, elements of the offence and sentencing ranges, the maximum sentence is ten years’ imprisonment.
The defendants remained on site and in various ways fuelled the riot: brandishing weapons, shining laser beams at the station, and inciting others to undermine public peace. Their conduct seriously affected police enforcement and public safety, warranting heavy sentences.
The court considered the defendants’ lack of prior convictions, their ages and capacity, their level of participation and the broader social environment influencing the protest wave, balancing each individual’s role and degree of responsibility in exercising judicial discretion.
Defendants one, two, three, five, six, seven and eight were convicted of rioting. Defendant three was also convicted of possession of an offensive weapon; the same charge against defendant eight was dismissed. All charges against defendant four were dismissed. (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。
According to the sentencing remarks, the defendant participated in a riot in Sham Shui Po on the evening of 29 August 2019. Approximately 30 to 50 people gathered at the junction of Qinzhou Street and Keelung Street, repeatedly shining laser pointers and torches at the police station and chanting slogans. The police issued nine dispersal warnings and waved blue flags. Subsequently, some protesters threw bricks that struck the police station’s substation. Officers cleared the scene and arrested the defendants present for unlawful assembly and rioting. The defendants were mostly dressed in black, wearing masks and goggles, and carrying first-aid supplies and simple protective gear, indicating an intention to act in concert with the group.
The maximum penalty for rioting is 10 years’ imprisonment. Sentencing must take into account the scale and duration of the riot, whether tools or weapons were used, the degree of resistance after multiple warnings, and the threat posed to law enforcement officers, as well as the counselling needs of juvenile defendants.
In this case, within approximately 30 minutes the number of participants in the riot increased from several dozen to around 150. Laser pointers were used to shine at the police station and bricks were thrown, posing a clear challenge to public order and law enforcement. Although the defendant did not throw bricks directly, the preparation of protective gear and tools fostered the atmosphere of rioting. Immediate imprisonment or detention in a training centre is necessary for punishment and deterrence, and given the absence of prior convictions and the defendant’s expression of remorse, an appropriate reduction should be considered.
The judge considers that the contempt for and attacks on police officers carry powerful symbolic significance and must be met with severe punishment and effective deterrence; at the same time, for juvenile defendants punishment and rehabilitation should be balanced through educational and psychological counselling programmes arranged at the training centre.
Defendants 1 and 2, having not pleaded guilty, were each sentenced to 32 months’ imprisonment; Defendant 3 pleaded guilty before trial and received a concurrent sentence of 24 months for the two charges; Defendants 5 to 8, being young and having no direct involvement in violence, were ordered to be detained in a training centre and must undergo psychological and vocational training to fulfil the dual objectives of punishment and rehabilitation. (Translated from Chinese to English by AI)
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