判決理由書／裁決書撮要(由AI生成)
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The judgment states that, on 29 September 2019 at about 4 pm, approximately 500 protesters gathered outside the Admiralty Government Headquarters, occupied the eastbound and westbound lanes of Harcourt Road, threw debris and petrol bombs, set fires, and damaged water-filled barriers. The police issued multiple blue, yellow, and black flag warnings to no avail. At about 4 :48 pm, officers stormed in from multiple exits to disperse the crowd and successively arrested 11 defendants wearing black clothing, protective gear, and carrying protest banners. The defendants challenged the scope of the riot and their involvement, but the court, having considered CCTV footage and police testimonies, found that each defendant was present at the scene of the riot and participated as an aider and encourager, and convicted them.
Pursuant to section 19 of the Public Order Ordinance, the maximum penalty for rioting is ten years’ imprisonment; sentencing must take into account the defendant’s role, the degree of violence, and the harm to society, and apply the guidance from the Lo Kin Man case to determine location and participation on a factual basis.
The defendants were all inside the riot zone; many were fully equipped with helmets, gas masks, gloves, and umbrellas, and carried placards bearing slogans. They continuously threw petrol bombs at the Government Headquarters and damaged its facilities, which is a serious offence; deterrence and punishment are required to maintain public order, and appropriate sentences should be imposed, taking into account the defendants’ lack of prior convictions and their level of sincerity.
The defendants were not mere bystanders but prepared radicals who participated in the riot as aides and encouragers, and should therefore bear harsh penalties.
All defendants were convicted of rioting; sentencing will take place at a separate hearing, and they are remanded in custody pending 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 judgement stated that on the afternoon of 29 September 2019 at around 4pm, about 500 protesters gathered outside the Government Headquarters in Admiralty, occupying both the eastbound and westbound lanes of Harcourt Road, throwing debris and petrol bombs at the Government Headquarters, setting fires and damaging barriers. The police issued multiple warnings to no avail, and after the protest continued for over 20 minutes, they launched a raid and arrested 11 defendants.
Consider whether the riot was premeditated; the number of participants; the degree of violence and the presence of weapons; the scale, location and duration of the riot; whether warnings were ignored; the resulting property damage and personal injuries; the disturbance to the public and impact on social relations; the roles and levels of participation of the offenders; and the existence of other offences.
In this case, the riot was large-scale (about 500 participants), targeted the Government Headquarters, involved escalated violence and lasted for over 20 minutes, representing a high level of threat. However, the defendants only assisted and encouraged participants, did not occupy leadership or incitement roles, had good backgrounds with no prior convictions, pleaded guilty and showed remorse, and saved court resources. Therefore, the starting point of the sentence was set at four years’ imprisonment, which was reduced to 3½ years in light of each individual’s particular circumstances, and two juvenile defendants were sentenced to training centres.
The judge held that the offence of rioting is serious and must be deterrent; yet the defendants were not core leaders, each expressed remorse and had good social backgrounds, and their prospects for rehabilitation were important. Therefore, a balance was struck between maintaining the deterrent effect of the penalty and taking into account individual circumstances.
Among the defendants, the fourth and eighth defendants, being younger, were sentenced to training centres, while the remaining defendants were each sentenced to three and a half years’ imprisonment. (Translated from Chinese to English by AI)
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