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。
According to the judgment, on 12 November 2019 between about 12:00 pm and 3:40 pm, protesters launched an unlawful assembly called ‘Lunch with You’ in the areas of Pedder Street, Des Voeux Road Central and Connaught Road Central in Central. During this period, some individuals blocked roads, set fires, vandalised buses and restaurants, and used an umbrella formation to confront the police. The defendant appeared at the scene during that time, holding a folding umbrella to shield others committing vandalism, picking up and carrying bricks, gathering to shout slogans and wearing a face mask. After the police displayed warning flags, the defendant fled and was eventually arrested at a nearby emergency exit.
The judge cited the statutory elements for conviction and the maximum penalties under section 19 of the Public Order Ordinance for rioting and under section 3 of the Prohibition on Face Covering Regulation for face covering during an unlawful assembly, taking into account the ‘intent to participate’ characteristic of participatory offences and the cumulative effect of the contextual evidence in sentencing.
The defendant was located in the core area of the riot, engaging in actions such as chanting slogans, blocking roads, transporting bricks, using an umbrella to shield vandals and fleeing while masked. There was no reasonable explanation, and the testimony conflicted with video and CCTV footage, indicating a deliberate intent to remain and support the riot.
The judge did not accept the defendant’s defence that they were ‘merely a passer-by or acted out of curiosity/physiological need’, finding the testimony self-contradictory and lacking credibility, and ruled that they intended both to participate in the riot and to use a covering to mask their identity.
The three defendants were convicted of rioting and of using face-covering items during an unlawful assembly, and the case will proceed to a further sentencing hearing. (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。
The judgment noted that on 12 November 2019, the defendant responded to an online strike call and, together with hundreds of protesters, blocked roads from Pedder Street to Des Voeux Road Central in Central for three hours. During that time, the protesters removed bricks to create roadblocks, damaged traffic lights, sprayed paint and smashed bus windows, burned debris and threw petrol bombs, confronted the police and formed an umbrella blockade. At the time of arrest, he was carrying a black baseball cap, a folding umbrella and spray paint. The defendant pleaded guilty to three charges: rioting; using a facial covering in an unlawful assembly; and possession of an article with intent to destroy or damage property.
For the offence of rioting, the principle is punitive and deterrent. With reference to similar cases, the baseline sentence is four years’ immediate imprisonment, reduced by one third for a guilty plea; for using a facial covering in an unlawful assembly, the starting point is six weeks’ imprisonment, reduced by one third for a guilty plea; and for possession of an article with intent to destroy or damage property, the baseline is three months’ imprisonment, reduced by one third for a guilty plea.
In considering sentencing, the defendant participated in serious road blockage and destructive conduct in Central’s financial and commercial centre, with the intent to throw bricks and spray paint, although this did not amount to the most serious violence. However, the conduct met the elements of rioting and caused significant disruption to public order, requiring punishment and deterrence. The ancillary offences of wearing a facial covering in an unlawful assembly and possessing spray paint should be considered alongside the rioting charge.
The judge considered this to be a serious riot, given the significant location and impact, but noted that the defendant’s individual level of involvement was relatively minor, there were no injuries to others and this was his first offence, he displayed a good plea attitude and remorse, and a discretionary sentence reduction was appropriate.
The defendant was sentenced to 30 months’ immediate imprisonment for the rioting offence, with the sentences for using a facial covering in an unlawful assembly and possession of an article with intent to destroy or damage property to be served concurrently. (Translated from Chinese to English by AI)
查看完整判刑理由書