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 evening of 18 November 2019, in the Nathan Road area of Yau Ma Tei, the defendants, responding to online calls to divert the police and rescue Polytechnic University protesters, joined a large group of protesters to gather, form barricades, and throw petrol bombs and other debris, causing the situation to get out of control and resulting in traffic paralysis and damage to facilities. During the dispersal operation, the police intercepted the defendants, concluding that they intended to participate in and support a riot.
According to Section 19 of the Public Order Ordinance and relevant Court of Appeal precedents, the maximum sentence for rioting is 10 years (7 years in the District Court). Sentencing must take into account factors such as the seriousness of the offence, scale, premeditation, degree of violence, and the role of the defendant, while also balancing deterrence and the maintenance of public order.
The court found that this case involved a serious riot on a large scale, with premeditation and substantial violence. The defendants played merely supportive and encouraging roles and there was no evidence of actual harm caused. A starting point of 63 months’ imprisonment was adopted, with reductions in sentence for savings of court resources during the trial, guilty pleas by some defendants, and youth mitigating factors. The first defendant received an additional five months for possession of a laser pointer, two months of which are to be served in instalments.
The judge emphasised that Hong Kong is a society governed by the rule of law and that public order must not be undermined by violence. Punishments for riot offences must be both punitive and deterrent. Whether an individual defendant is a first offender or has a good background cannot diminish the need to maintain overall social tranquillity.
The first defendant was sentenced to 61 months’ imprisonment for rioting, with an additional five months for possession of an offensive weapon (two months of which are to be served in instalments), totalling 63 months; the second defendant received 61 months for rioting; the third defendant 60 months; the fourth defendant 61 months; the fifth defendant 47 months; and the sixth defendant 48 months. (Translated from Chinese to English by AI)
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