判決理由書／裁決書撮要(由AI生成)
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The judgment notes that during a protest outside Sham Shui Po Police Station on the night of 29 August 2019, eight defendants, individually or with others, participated in a riot, including waving high-powered laser pens at the station, shouting, and five individuals throwing bricks at the station. From 23:12, the police issued multiple verbal warnings and raised the blue flag, and at 23:41 commenced a dispersal operation, subsequently arresting the defendants in nearby streets.
Under sections 18 and 19 of the Public Order Ordinance, a riot is defined as an unlawful assembly that has escalated, and it must be proven that the defendant had the intention and carried out the act of participation; for the offence of possessing an offensive weapon, it must be established that the carrier intended to use the item to harm others.
The defendants appeared multiple times within the riot area during the relevant period, overstayed their presence and ignored warnings, gathered with individuals wearing protective gear and displayed support through their actions or attire, demonstrating their intent to participate; regarding the possession of laser pens, there was no evidence of intent to harm, so that offence is not made out.
The judge held that the defendants were not mere passers-by but concealed their identities to join the assembly, assisting the riot through their actions and by creating momentum, thus fulfilling the elements of a participation offence; however, the weapon possession charge was not upheld due to the absence of intent to injure.
The court found six defendants guilty of rioting; the fourth defendant was considered unfit to stand trial due to their mental condition, and the offence of possessing an offensive weapon was not established; sentencing dates for the defendants will be scheduled in a separate hearing. (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 on the night of 29 August 2019, the eight defendants gathered outside Sham Shui Po Police Station. During this time, the protesters shouted slogans, abused police officers and shone several laser pointers and torches at the station, and five people threw bricks at the substation. After police officers repeatedly urged and warned them verbally without success, they moved to disperse and make arrests. All the defendants, except the third, fourth and eighth, were found guilty of rioting; the third defendant was also convicted of possession of an offensive weapon; the remaining charges were withdrawn or dismissed.
Rioting carries a maximum sentence of 10 years’ imprisonment. Sentencing must consider the overall scale of the riot, the number of participants, its duration, the violent methods used, whether weapons were employed and the refusal to disperse following warnings. The Court of Appeal’s three principal guidelines demand an integrated evaluation of violent collective conduct which disrupts public order.
In this case, the riot was small-scale but targeted the police station and officers, lasted more than twenty minutes and continued despite nine warnings, setting the starting point at 34 months. Defendants One and Two, having no prior convictions and in mitigation, received a two-month reduction to 32 months. Defendant Three pleaded guilty and, after combining the six-month starting point for the weapons possession offence and applying a 23% reduction, was sentenced to 24 months in total. Defendants Five to Eight, given their ages and rehabilitation needs, were committed to a training centre.
Although the riot was of a relatively small scale and caused limited damage, the protesters publicly provoked the symbol of the police station with laser pointers and abused officers, thereby challenging the rule of law. It was necessary to impose sufficient punishment and deterrence, while also considering the young defendants’ prospects for rehabilitation.
Defendants One and Two were each sentenced to 32 months’ imprisonment for rioting; Defendant Three was sentenced to 24 months’ imprisonment in total for rioting and possession of an offensive weapon; Defendants Five to Eight, being under 21 years of age at the time, were all committed to a training centre. (Translated from Chinese to English by AI)
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