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 states that the defendant, from midday on 12 November 2019, responded to an online call to join the “Lunch with You” protest in Central. The protest subsequently escalated into a riot around Pedder Street, Des Voeux Road Central and Connaught Road Central. The defendant wore a mask, carried an umbrella and other items, and on multiple occasions blocked roads with other protesters, collected and transported bricks, formed an umbrella barricade to cover the destruction of buses and roadblocks, and shouted slogans along the way. The defendant then fled during the police dispersal operation and was eventually arrested at an emergency exit in Landmark. The three denied the charge of riot and parts of the charge of mask wearing; the court, based on public footage and police testimony, found their actions constituted deliberate remaining on site, encouraging and supporting the riot.
Under section 19 of the Public Order Ordinance (riot) and the Prohibition on Face Covering Regulation under section 241K of the Emergency Regulations Ordinance, it must be proved that the defendant participated in an unlawful assembly and disturbed public peace, engaged in acts of participation during the riot and had the intention to participate; for the offence of mask wearing, it must be proved that the defendant used an item likely to prevent identification during an unlawful assembly and had no reasonable excuse.
The defendant’s actions seriously infringed on public order and the safety of others, deliberately remaining within the core area of the riot and supporting destructive acts, using a mask and an umbrella to conceal identity. The explanations were absurd and not credible, the evidence is conclusive and corroborated by video and physical exhibits. Punishment is required to serve as a deterrent to society.
The judge considered that the three were not innocent bystanders; their conduct was not a mid-course withdrawal but a premeditated participation that intensified the momentum of the riot. The defence’s purported reasonable excuses for mask wearing and flight are untenable. The judgment’s analysis of the environmental evidence and the cumulative effect of the defendants’ actions is compelling, leading to an irresistible inference of guilt.
Accordingly, I hereby find the defendant guilty of the offences of riot and unlawful mask wearing. (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 12 November 2019 the defendant answered an online call and, together with several thousand protesters, blocked roads on Pedder Street, Des Voeux Road Central and Connaught Road Central in Central. Some participants damaged traffic lights, buses and restaurants, set up burning barricades and threw petrol bombs and bricks at the police. The defendant, holding an umbrella, joined the ‘umbrella formation’, repeatedly threw bricks into the traffic tunnel, and was later arrested at Landmark Atrium. A search of the defendant’s backpack uncovered black clothing, a folding umbrella and spray paint cans. The defendant subsequently pleaded guilty to three offences: riot, use of a facial covering in an unlawful assembly, and possession of an article with intent to damage property.
In this case, under the sentencing guidelines for riot, the emphasis is on punishment and deterrence. Having regard to the twelve factors for consideration in riot offences and relevant precedents, the starting sentence is set at four years, with a one-third reduction allowed for a guilty plea. There are no established sentencing guidelines for the offences of using a facial covering during an unlawful assembly and possession of an article with intent to damage property; the respective starting sentences are six weeks and three months.
The defendant was merely one of the individual protesters and did not organise or incite others, nor did they use weapons to injure anyone; their level of participation and damage was relatively minor. A one-third reduction for the guilty plea applies, and, having no prior convictions and showing genuine remorse, the starting term is further reduced by two months.
The judge considered that although this riot was serious, paralysing traffic in Central’s core area and damaging public facilities, it did not reach the most severe level, as the majority of protesters showed restraint. The defendant’s conduct was minor and did not endanger the personal safety of the public.
The court ultimately sentenced the defendant to 30 months’ immediate imprisonment for the riot; four weeks’ imprisonment for using a facial covering during an unlawful assembly; and two months’ imprisonment for possession of an article with intent to destroy or damage property, all sentences to be served concurrently, resulting in a total immediate imprisonment term of 30 months. (Translated from Chinese to English by AI)
查看完整判刑理由書