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 on the afternoon of 29 September 2019, approximately 500 protesters unlawfully assembled on Harcourt Road outside the Government Headquarters in Admiralty, occupied the roadway, and used stones, petrol bombs, improvised projectiles, and arson to damage water-filled barriers. The police issued multiple warnings and deployed tear gas and water cannon but failed to disperse the crowd. At about 16:48, officers launched a raid from exits A, B, and C and swiftly arrested eleven defendants. The prosecution relied on CCTV footage, officers’ testimony, and the defendants’ clothing and personal items to prove they had come prepared and participated in the riot; the defence argued they were merely passing by or looking for someone, but the court found their equipment and actions refuted this claim and convicted them of rioting.
Under Section 19 of the Public Order Ordinance, the maximum sentence for rioting is ten years’ imprisonment.
In view of the riot’s large scale and high mobility, its involvement of arson, throwing petrol bombs, and damaging public facilities, a heavy sentence is necessary, balanced against the defendants’ lack of prior convictions and their guilty pleas.
The judge considered that the defendants’ attire and actions indicated deliberate participation or encouragement of the riot; simple presence or looking for someone was untenable, the evidence was compelling, and they should be convicted.
The court found all eleven defendants guilty of rioting and will set a separate date for sentencing. (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 states that at around 4 p.m. on 29 September 2019, approximately 500 protesters occupied Harcourt Road outside the Government Headquarters in Admiralty, hurling miscellaneous objects and petrol bombs, setting fire to and damaging water barricades. Ignoring multiple police warnings, the riot lasted over 20 minutes. Police launched a raid and arrested 11 defendants, and the court determined that they were all members of the rioting group, supporting one another and inciting violence.
According to the Public Order Ordinance, sentencing for the offence of rioting must consider premeditation, the number of participants, degree of violence, duration, extent of damage, public disturbance and the role of the offender, and usually starts at four to five years’ imprisonment.
In this case, the scale was large, it specifically targeted the Government Headquarters and involved a high degree of violence; however, the defendants had no prior convictions, did not hold leadership roles, and only assisted and encouraged others. They pleaded guilty, expressed remorse, saved the court’s time, and had good personal backgrounds. Therefore, the starting point was reduced from four years to three and a half years’ imprisonment, and the youngest defendant was sent to a training centre.
The judge considered that the riot was sudden and posed a serious threat, requiring sufficient deterrent effect; at the same time, given the minor roles of the defendants, their remorse and need for rehabilitation, a moderate reduction in sentence was appropriate.
The fourth and eighth defendants, who were approximately eighteen and sixteen years old at the time, were sent to a training centre; the remaining defendants were each sentenced to three and a half years’ imprisonment. (Translated from Chinese to English by AI)
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