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 states that on the night of 13 October 2019, while a plain-clothes police officer was on duty in the Tseung Kwan O area, he was surrounded by a group of individuals dressed in black. The defendant and others unlawfully confined him at Location A and questioned his identity as a police officer. During this time, someone pulled his hair and attempted to search his belongings. The officer managed to escape to Location B but was then attacked by about ten people wielding hammers, umbrellas and other hard objects, as well as with punches and kicks; he was subsequently intercepted and beaten again by accomplices at Location C. The unauthorised assembly escalated into a riot, involving violent assault and the use of weapons, and was finally ended when customs officers intervened to rescue him.
With reference to decisions of the Court of Appeal, the starting points for sentencing are: 3 years for riot, 10 months for unauthorised assembly, 12 months for unlawful confinement, 3 years for wounding (with intent), and 20 months for wounding (without intent).
Considerations include the spontaneity of the offence, the number of participants, the use of weapons, the degree of harm and the duration; defendants who pleaded guilty or were convicted after trial receive a reduction in their sentence; and some defendants with a good background and a four-year interval since the offence are granted further discretionary reductions.
He strongly condemned the use of violence against on-duty police officers, emphasising the importance of protecting law enforcement personnel; the principles of concurrent sentencing and totality were applied, and defendants who pleaded guilty were given up to a 25% discount.
Defendant one was sentenced to 30 months’ imprisonment for the three offences of unlawful confinement, grievous bodily harm and riot, to be served concurrently; defendant two was sentenced to 7 months’ imprisonment for unauthorised assembly; defendant three was sentenced to 10 months’ imprisonment concurrently for the two offences of unlawful confinement and unauthorised assembly; defendant four was sentenced to 27 months’ imprisonment concurrently for the two offences of intentionally causing grievous bodily harm and riot; defendant five was sentenced to 37 months’ imprisonment concurrently for the four offences of unlawful confinement, intentionally causing grievous bodily harm, riot and the use of face coverings. (Translated from Chinese to English by AI)
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