判決理由書／裁決書撮要(由AI生成)
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According to the judgment, at around 4 pm on 29 September 2019, about five hundred people dressed in black gathered outside the Government Headquarters in Admiralty along Harcourt Road, blocking both east- and westbound lanes and throwing bricks and petrol bombs, setting fire to and damaging water-filled barriers and other security lines. The police issued warnings with yellow, blue and black flags on multiple occasions to no avail. At about 16:48, they simultaneously broke out from several exit points to disperse the crowd and subsequently arrested eleven defendants at different locations (Points A, B and C). The prosecution relied on CCTV footage and the testimony of more than seventeen police officers, combined with the theory of the mobile riot area, to show that the defendants, dressed in dark clothing and equipped with gloves, masks, gas masks and umbrellas, had come prepared and had been present at the scene of the riot from the beginning; the defence, however, questioned whether the riot area extended beyond Point A, arguing that the defendants had merely been bystanders or seeking companions and had not directly committed any acts of destruction.
Under section 19(2) of the Public Order Ordinance, the maximum penalty for rioting is ten years’ imprisonment and an additional fine may be imposed.
The defendants, at the height of the riot, had organisedly remained outside the Government Headquarters and participated in violent acts, including damaging water-filled barriers and throwing petrol bombs. Many acted together to intensify the chaos, severely undermining public order. The court must impose a severe punishment to uphold the rule of law and deter potential rioters.
Riots are highly fluid events. Anyone who, by words, conduct or attire, supports the rioters is deemed to have participated and should incur criminal liability. The court should not adopt a rigid boundary-drawing approach but should consider the temporal and spatial scope and degree of participation as a whole.
All eleven defendants were each convicted of rioting. (Translated from Chinese to English by AI)
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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 at around 16:00 on 29 September 2019, approximately 500 protesters gathered on Harcourt Road outside the Government Headquarters in Admiralty, occupying both eastbound and westbound lanes, throwing debris and petrol bombs towards the headquarters, setting fires and damaging roadblocks. The scene lasted for over 20 minutes. Despite multiple warnings from the police, the protesters refused to stop. At about 16:48, the police launched a raid, subduing and arresting 11 defendants at various exits. The court found that none of the defendants were mere bystanders; during the riot they wore protective gear, acted as part of the group and supported each other. The prosecution proved their riot charges beyond reasonable doubt.
Based on case precedents, the starting point for sentencing riot offences is four to five years’ imprisonment, which must be adjusted according to the defendants’ roles, backgrounds and the seriousness of the case.
The riot was large-scale and directed at the Government Headquarters; petrol bombs were used and fires were set, lasting about 20 minutes, causing a significant threat to public order and property, thus requiring deterrence. The defendants only played supporting and encouraging roles, had no previous convictions, showed remorse and had good backgrounds, and some were minors, giving rise to special circumstances.
The judge considered the case serious but, taking into account that the defendants did not play leadership roles, their backgrounds and mitigation pleas, reduced the starting sentence from four years to three and a half years; the 16- and 18-year-old defendants were ordered to be detained in a young offenders’ institution.
The fourth and eighth defendants were sentenced to detention in a young offenders’ institution; the remaining nine defendants were each sentenced to three and a half years’ imprisonment. (Translated from Chinese to English by AI)
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