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The judgment states that Defendant 1 and Defendant 3, together with six other defendants, participated on 29 September 2019 in an unauthorised demonstration, marching along Hennessy Road and Queensway to outside the Government Headquarters. At around 4:20 pm they gathered with a large crowd of protesters near Harcourt Road. During this time some individuals threw petrol bombs and hard objects at government buildings, and used a large slingshot to hurl projectiles. After multiple warnings, the police deployed water cannon and tear gas to disperse the crowd. Ultimately, they launched a raid via a covert exit at the government complex, subdued and arrested Defendant 1 and Defendant 3, charging them with riot under section 19 of the Public Order Ordinance (Cap. 245).
According to section 19(1) and (2) of the Public Order Ordinance (Cap. 245) and the Court of Final Appeal’s decision in Lo Kin Man on the participation element of riot, it must be proven that the defendant had criminal intent and conduct and was within the core area of the riot.
Considering that Defendant 1 and Defendant 3 were wearing dark protective gear, had gas masks on, and held and carried items that matched exactly the projectiles seen in the video footage, and that they indeed threw objects at government buildings—conduct which amounted to a breach of public order—and that at the time of arrest they remained within the core area of the riot, excluding any possibility of innocence, the only reasonable inference is that they participated in the riot; therefore, they should be convicted.
The judge found that the prosecution’s video footage and identification testimony were honest and reliable, that the defence’s arguments were implausible and inconsistent with the visual evidence, and that the defendants failed to provide a reasonable rebuttal. Accordingly, the totality of the evidence reached the standard of no reasonable doubt, affirming that both defendants had the intent and conduct to further the riot, and should be found guilty.
Defendant 1 and Defendant 3 were found guilty. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
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The judgment states that on 29 September 2019, eight defendants gathered without approval in the area of Harcourt Road outside the Government Headquarters in Admiralty. From around 16:20 it developed into a riot, with participants occupying the roadway, setting up barricades, throwing petrol bombs, bricks and other hard objects at government buildings and police officers, and directing laser beams. The police fired tear gas and water cannons and carried out a raid at about 16:48 to make arrests. Six pleaded guilty, and two were convicted after trial.
This case falls under the riot offence in Chapter 245 of the Public Order Ordinance, with a maximum penalty of 10 years. Having regard to Court of Appeal precedents, the starting point for sentencing is 4 years and 6 months, with an additional 3 months for the actual throwing of objects; juvenile offenders and first-time offenders may be considered for placement in a training centre.
The riot involved over a hundred people, lasted about 30 minutes, and included the throwing of petrol bombs and hard objects, causing serious disruption to public order and endangering law enforcement safety, warranting a deterrent sentence; defendants who pleaded guilty may be granted a sentence reduction of 10% to 25%; juvenile defendants will be handled separately for rehabilitation purposes.
The judge emphasised that in a society governed by the rule of law, serious violence must be met with resolute punishment, while also taking into account the rehabilitation prospects of juvenile and first-time offenders, balancing societal interests with the individual’s future.
The two defendants convicted after trial were sentenced to imprisonment for 4 years and 7 months and 4 years and 1 month respectively; four adult defendants who pleaded guilty received sentences of imprisonment ranging from 3 years and 4 months to 3 years and 5 months; and two juvenile defendants were ordered to be sent to a training centre. (Translated from Chinese to English by AI)
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