判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the afternoon of 29 September 2019 at around 4 pm, some 500 protesters gathered on Harcourt Road and the pedestrian footbridge outside the Government Headquarters in Admiralty, occupying the carriageways and using bricks, petrol bombs and arson to damage the water barricades protecting the Government Headquarters. The police issued yellow, blue and black flag warnings multiple times and fired tear gas and water cannon to disperse them; however, the riot continued for over 20 minutes, with protesters moving from Lok Lai Street, Tamar Street and other passageways to areas A, B, C and beyond. The prosecution’s case facts and admissions, CCTV footage from various sources, evidence from numerous officers and testimony from some defendants all show that the defendants were moving within or hiding in the riot area, carrying umbrellas, helmets, gas masks, gloves and banners, which cannot be explained as mere passage or observation, and thus they became part of the group assisting and encouraging the riot.
The defendants were charged with the offence of riot under section 19 of Chapter 245 of the Public Order Ordinance.
The defendants knew that the riot had persisted and posed a serious threat to public safety, yet they remained at the scene equipped with tactical gear, actively participating in, assisting or encouraging the riot – conduct that warrants a firm response.
Although the defendants had no prior convictions, their attire, conduct and the evidence demonstrated that they were not mere onlookers. The court found that they acted with full knowledge of their wrongdoing and should bear full criminal liability.
All 11 defendants were convicted of the offence of riot. (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 4 PM on 29 September 2019, about 500 protesters gathered outside Government Headquarters, occupied the eastbound and westbound lanes of Harcourt Road, threw objects and petrol bombs at the government building, set fires and damaged protective installations. After multiple police warnings went unheeded, the riot continued for over 20 minutes, until the police launched a raid to disperse the crowd and arrested a total of 11 defendants.
Referring to Section 19 of Chapter 245 of the Public Order Ordinance and higher court precedents, including factors such as whether the riot was premeditated, the number of participants, the use of violence and weapons, the scale and scope, the duration, property and personal harm, the extent of public disturbance, the impact on community and public expenditure, the roles of participants and any concurrent offences.
In this case, the riot was on a large scale, with over 500 people targeting Government Headquarters, using thrown objects and petrol bombs and setting fires, exhibiting a high degree of violence and lasting over 20 minutes; however, none of the defendants were leaders or organisers, they merely assisted and encouraged the group, and they had no prior convictions, showed remorse, had good backgrounds, were young and conserved judicial resources. Considering all mitigating factors, it is appropriate to lower the starting point from four years’ imprisonment.
This bench considers that the rule of law must be upheld and that sufficient deterrence is required; however, taking into account the defendants’ roles and individual backgrounds, especially the younger defendants, and recognising the importance of education and rehabilitation, the starting sentence of four to five years was lowered to three and a half years, and the younger defendants were sent to a detention centre.
In the final verdict, the 4th and 8th defendants were sent to a detention centre, and the remaining defendants were each sentenced to three and a half years’ imprisonment. (Translated from Chinese to English by AI)
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