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 the defendant participated in an unauthorised march, assembling illegally with others from Causeway Bay via Hennessy Road to the area of Harcourt Road outside the Government Headquarters at Admiralty. Protesters threw petrol bombs and hard objects and blocked the carriageway. After multiple warnings, the police deployed water cannon and tear gas to disperse the crowd. At around 16:48 the defendant was tackled and arrested as they rushed out from a concealed exit of the Government Headquarters. The prosecution relied on CCTV and online videos and on testimony from police officers and forensic analysts to prove that the defendant was within the riot’s core area and had thrown objects at the Government Headquarters.
Under sections 19(1) and (2) of the Public Order Ordinance, the offence of rioting is a participatory offence, requiring proof that the defendant intended to participate in an unlawful assembly and to disrupt public peace, with reference to the Court of Final Appeal’s precedent in Lo Kin Man.
The defendant wore dark clothing and protective equipment to conceal their identity and actively threw objects at the Government Headquarters. The offences were serious, the defence’s arguments were not accepted, and the evidence shows that the defendant intended to disrupt public peace and to incite others to do likewise.
The judge accepted the on-site and video identification evidence of police officers and forensic analysts, finding their analytical methods thorough and reliable, excluding other reasonable explanations and leaving no reasonable doubt.
The court found the defendant guilty of rioting and will pronounce sentence 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 29 September 2019, about one hundred protesters marched without approval to the outside of the Government Headquarters in Admiralty, occupied Harcourt Road and a riot ensued. During the event, some threw petrol bombs and hard objects and emitted laser beams; the police issued multiple warnings and deployed water cannon and tear gas to disperse them. All eight defendants were dressed in dark clothing and wore face masks; after being subdued and arrested by the police, they were convicted of participating in a riot.
The maximum penalty for riot is ten years’ imprisonment; referring to Court of Appeal precedents, the sentencing benchmark starts at four years and six months’ imprisonment, with an additional three months for actual use of violence; a guilty plea may reduce the sentence by up to 25%; offenders under 21 may be considered for placement in a training centre instead of imprisonment.
The incident lasted approximately thirty minutes, with over one hundred people gathering to block the roads and repeatedly hurling petrol bombs and hard objects at the Government Headquarters. The level of violence was severe and premeditated, the protesters concealed their identities and disrupted public order. A deterrent sentence is required to punish and prevent reoffending, while also taking into account the defendants’ age, timing of the guilty plea and remorse.
A society governed by the rule of law cannot tolerate serious violence, especially against law enforcement officers; it is necessary to resolutely combat behaviour that disregards legal order and undermines social peace, while also considering the case background and the individual circumstances of the defendants, balancing deterrence with rehabilitation opportunities.
Defendant 1 was sentenced to 4 years and 7 months’ imprisonment for the actual use of violence; Defendants 2 and 3, due to their age and rehabilitative prospects, were ordered to enter a training centre; Defendant 4 was sentenced to 4 years and 1 month’s imprisonment; Defendant 5 was sentenced to 3 years and 4 months’ imprisonment; Defendant 7 was sentenced to 3 years and 5 months’ imprisonment; Defendant 8 was sentenced to 3 years and 4 months’ imprisonment. (Translated from Chinese to English by AI)
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