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 memorandum indicated that on the evening of 29 August 2019, between approximately 23:12 and 23:41, the protest by demonstrators outside Sham Shui Po Police Station on Yen Chow Street escalated into a riot through shouting, the use of laser pointers, road obstruction and the throwing of bricks. The police then carried out a clearance operation and arrests, detaining eight defendants and charging them with rioting; the fourth and eighth defendants were additionally charged with possession of offensive weapons in a public place.
Pursuant to Sections 18 and 19 of the Public Order Ordinance and relevant case law, for rioting it must be established that the defendant had the intention and conduct to participate in and promote the disruption of public peace; for possession of offensive weapons it must be proven that they were aware of the weapon and intended its use to injure.
The judge considered that most of the defendants remained at the riot scene for a prolonged period, disregarded multiple warnings, aligned with demonstrators and wore gear, accumulating evidence that they participated in and encouraged the riot; whereas it could not be established that the fourth and eighth defendants had the necessary awareness of the riot or intention to be armed, so the charges did not stand.
The judge held that rioting is a participatory offence requiring both knowledge and intention to participate; the evidence against five defendants was sufficient and conclusive, whereas for the fourth and eighth defendants, due to insufficient evidence, a verdict of not guilty was rendered.
Ultimately, the first, second, fifth, sixth and seventh defendants were convicted of rioting; the charges of rioting and possession of an offensive weapon against the fourth and eighth defendants were dismissed, and they were formally acquitted in accordance with the law. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 judgment, on the evening of 29 August 2019, approximately 30 to 150 protesters gathered outside Sham Shui Po Police Station, waving laser pointers of various colours and torches at the station, shouting loudly and using abusive language. Despite multiple verbal admonitions and nine warnings from the police and the display of a blue flag, five masked individuals still threw bricks and others blocked traffic. The police then commenced a dispersal operation, arresting eight defendants on charges of unlawful assembly between 23:43 and 23:56. At trial, the weapons charges against Defendant Four and Defendant Eight were dismissed, and the remaining defendants were convicted of rioting.
The maximum penalty for rioting is ten years’ imprisonment. Sentencing must consider the scale of the riot, its duration, the number of participants, the level of violence, whether weapons were used, the refusal to disperse after police orders, the impact on traffic and public order, as well as the defendants’ roles in the riot and whether they are implicated in other offences.
In this case, the riot lasted approximately 29 minutes, with the number of participants rising to about 150. Protesters aimed laser pointers at the police station and threw bricks, ignoring multiple warnings. Although some defendants did not personally commit violent acts, they wore masks, donned black clothing, and carried protective equipment and laser pointers, acting in concert with others to undermine social tranquillity, and therefore must be punished severely. For the minor defendants, rehabilitation is also considered, with placement in a juvenile training centre and provision of counselling.
Rioting constitutes a serious challenge to the rule of law and public order, and sentencing must be both punitive and sufficiently deterrent; the judiciary must also consider the age and background of participants, imposing imprisonment on adult defendants while adopting juvenile training centre measures for younger defendants to balance punishment and rehabilitation.
Defendant One and Defendant Two were each sentenced to 32 months’ imprisonment for rioting; Defendant Three’s sentences for two counts were ordered to run concurrently, amounting to 24 months’ imprisonment; Defendants Five to Eight, being of a younger age, were each sent to a juvenile training centre to receive disciplinary training, education, and psychological counselling. (Translated from Chinese to English by AI)
查看完整判刑理由書