判決理由書／裁決書撮要(由AI生成)
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The judgement states that a large number of protesters rioted during the siege of the Hong Kong Polytechnic University from 11 November 2019. On the evening of 18 November, at about 22:45, protesters at the junction of Waterloo Road and Hamilton Street in Yau Ma Tei, Kowloon, erected an umbrella barricade, threw debris and at least 251 petrol bombs, and used laser beams to interfere with the police. At about 23:26, the police carried out a containment operation, arresting 213 people, and recovered a screwdriver from one of them (the defendant). The six defendants deny participating in the riot; one admits possession of the screwdriver but disputes any illegal intent.
According to the sentencing guidelines for the offence of riot under Section 19 of the Public Order Ordinance and the offence of possessing a weapon under Section 17 of the Summary Offences Ordinance, consideration is given to the degree of violence, the equipment used, the number of participants and the extent of disruption to public order.
Protesters occupied the road, there were towering flames, frequent petrol bomb and laser attacks, posing a threat to public safety; the defendants were aware of the risks yet appeared in dark protest attire, indicating intent to participate; however, the defendants are young and have generally clean backgrounds, warranting a marginal sentence reduction.
The defendants’ testimonies contain multiple contradictions and are not credible; the prosecution’s evidence is detailed and consistent, and, when combined with video recordings and CCTV footage, establishes beyond reasonable doubt the defendants’ participation in the riot; regarding the offence of possessing an instrument, there is no evidence that the defendants intended an illegal use.
The court convicted all six defendants of the offence of riot and acquitted them of the offence of possessing an instrument, with sentencing adjourned. (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 on 18 November 2019, protesters, responding to the “three strikes” and online calls, confronted the police in the Nathan Road and Waterloo Road area of Yau Tsim Mong District. They erected roadblocks and built defensive lines with umbrellas, wooden boards, etc., and threw over 250 petrol bombs and other debris at the police, causing multiple fires on the road and injuring four police officers, as well as extensive property damage. After repeated warnings, the police fired tear gas to disperse the crowd and launched a cordon-and-search operation late at night, arresting 213 people within the cordoned area, including the defendant, and seizing evidence such as masks, gas masks, scissors, spanners and cable ties.
The offence of rioting carries a maximum penalty of ten years’ imprisonment. The sentencing guideline starting point is five years, with reference to the Court of Appeal and UK case law to emphasise the deterrent and punitive objectives of the sentence.
In this case the riot was premeditated, of large scale (over 1,500 people), highly violent, lasting more than one hour and involving the throwing of a large number of petrol bombs and debris, causing multiple injuries and damage to public property; the defendant was merely a participant and did not lead the group, and pleaded guilty early in the proceedings, receiving a 20% to 25% credit for the guilty plea.
It was emphasised that Hong Kong is a society under the rule of law that cannot tolerate serious violence disrupting public order. A deterrent sentence is necessary to prevent similar incidents from recurring and to protect the safety of the public and law enforcement personnel.
Because the defendant pleaded guilty before the first day of trial, he received a 25% reduction, reducing the five-year term to 45 months’ imprisonment. (Translated from Chinese to English by AI)
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