判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 18 November 2019, protesters who were demonstrating in support of the Hong Kong Polytechnic University were dispersed by police around Yau Tsim Mong. A riot broke out around the junction of Portland Street and Nathan Road and Hamilton Street in Yau Ma Tei, Kowloon. A large group of people in black clothing, wearing helmets, masks, gloves and other protective gear, used improvised shields and barricades to confront the police, and threw over 251 petrol bombs and miscellaneous objects. At 23:26 that same evening, the police launched a cordon operation and established a containment line from Nathan Road to Pitt Street, subsequently subduing 213 people. Among them, six defendants were arrested during this period and charged with rioting, while a seventh defendant was separately charged with possession of a screwdriver as an article for unlawful use.
Sentencing must consider the defendant’s level of participation in the riot, subjective intent, violent conduct and social impact, and follow the sentencing guidelines for riot offences and for possession of offensive weapons.
The defendant was at the core of the riot, wearing dark clothing in concert with others and equipped with protective gear, participating in and encouraging violent confrontation with the police, causing serious public disorder and social panic, and thus warrants punishment; although the seventh defendant possessed a screwdriver, there is no evidence of unlawful intent, and the elements of the offence are not established.
The judge considered that a riot is highly organised and fluid, and participants must share a common intention to participate; mere presence without engaging in violent confrontation or facilitating violence is insufficient for conviction, yet the six defendants were fully equipped and positioned at key locations, and the boundary between their protest and riotous conduct must be evaluated.
The court found the six defendants guilty of rioting; the seventh defendant was not convicted of possession of an offensive weapon or article for unlawful use, and sentencing will be scheduled at a later date. (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 the defendant, together with approximately 1,500 protesters in the area of Yau Ma Tei on Nathan Road and Gascoigne Road, escalated into a riot. The protesters blocked roads to establish positions, threw over 250 petrol bombs, confronted police with metal rods, improvised devices and laser beams, and caused damage to roads, railway tracks and streetlights, injuring four officers. The police launched a cordon-and-search operation late at night and arrested 213 people within the cordoned area, including the three defendants, who subsequently pleaded guilty to riot and agreed to a summary of facts; the other charges were left on file.
Pursuant to legislation and case precedents, the starting point for sentencing for the offence of riot is five years’ imprisonment, with a reduction of 20% to 25% available for a guilty plea entered after the plea date has been fixed but before the start of the trial.
The court considered that the riot was not a spontaneous impulse but involved planning and organisation, was large in scale, highly violent, lasted for several hours and continued despite repeated warnings, causing serious disruption to public order. However, the three defendants pleaded guilty, entitling them to a 20% to 25% reduction in sentence.
The riotous conduct in this case was highly malicious, spreading fear and causing destruction; a deterrent and punitive sentence is necessary to uphold the rule of law and public order.
Each of the three defendants was sentenced to immediate imprisonment of 45 months for riot. (Translated from Chinese to English by AI)
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