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 on the evening of 18 November 2019, from approximately 22:30 to 23:22, at the junction of Nathan Road and Waterloo Road in Yau Ma Tei, a large number of protesters confronted police officers and threw over 200 petrol bombs. During the subsequent dispersal operation along Nathan Road, the police arrested the protesters. The 19th defendant, then about 17 years old, was present in riotous attire to encourage others, was immediately arrested and, together with other defendants, convicted of rioting; at the same incident, the 11th defendant was convicted of intent to destroy property for possessing petrol, cloth strips and lighters.
The maximum penalty for rioting is ten years’ imprisonment. Section 109A of the Criminal Procedure Ordinance provides that persons aged 16 to 21 must not be sentenced to imprisonment if an alternative disposal is available, and their character, health and mental condition must be considered; the Training Centres Ordinance allows persons aged 14 to 21 to be remanded to a training centre.
Although the rioting in this case involved serious disruption of public order, the defendant merely encouraged others at the scene and did not engage in direct violence or property damage; the defendant is a university student, has served as a student union officer and a member of the university council, is an enthusiastic volunteer of good character, meets the statutory requirements for an alternative to imprisonment, and remand to a training centre will aid in his rehabilitation and prevent reoffending.
Remand to a training centre will achieve both punishment and deterrence, while addressing the defendant’s youth and educational needs, and is the best disposal in the interests of society as a whole.
The defendant was sentenced to remand in a training centre for the offence of rioting. (Translated from Chinese to English by AI)
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