判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that on 29 September 2019, the defendants, together with a large group of protesters, marched from Causeway Bay to outside the government headquarters in Admiralty, occupied Harcourt Road and threw petrol bombs and hard objects at the government headquarters building. The police then fired water cannon and tear gas to disperse them, and launched a surprise attack from a concealed exit at the government headquarters to subdue many individuals. Before the trial, five defendants pleaded guilty or had their charges withdrawn, leaving only two defendants who denied the charges. Based on CCTV and online video footage, testimony from the officers who subdued them at the scene, and a statutory expert’s comparison of the defendants’ clothing and equipment with the persons in the footage, the court admitted the prosecution’s evidence beyond reasonable doubt and found that the two were in the core area of the riot and had thrown objects, and accordingly convicted them.
According to section 19 of the Public Order Ordinance regarding the offence of riot, sentencing must consider the defendants’ level of participation in the unlawful assembly and riot, the nature of the objects thrown and their impact on public order, as well as the protest equipment and any attempts to evade arrest, and refer to the established sentencing range from relevant precedents.
The defendant was in the core area wearing black gear and equipped with goggles, a gas mask, gloves and other items clearly intended for concealment and protection, and actually threw hard objects at the government headquarters building, causing serious disruption to public order. There is no reasonable explanation, and the evidence is sufficient and credible. A heavy sentence is necessary to serve as a warning and restore public order.
The judge considers that the defendant was not an innocent passer-by but an organised member with intent to participate in the riot. Their conduct undermined social stability and they must be held accountable. One cannot be swayed by youth or on-the-spot explanations; a stern sentence is required.
This court finds the defendant guilty. (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 2019年9月29日, without authorisation, the defendants marched from Causeway Bay to outside Government Headquarters in Admiralty; protesters occupied Harcourt Road and threw petrol bombs and hard objects, used slingshots to fire debris and laser beams to interfere with the police; after repeated warnings the police deployed water cannon and tear gas to disperse them; between 16:20 and 16:48 they were subdued in batches and eight defendants were arrested.
Riot charges carry a maximum sentence of 10 years’ imprisonment; according to Court of Appeal precedents the typical sentencing range is 4 to 5 years; twelve sentencing factors were considered; placement in a training centre may be considered for young defendants.
In this case the riot was large in scale, involved around 100 people and lasted approximately 30 minutes, targeting government buildings; the defendants’ throwing of petrol bombs and other substantial violence warranted an additional 3-month increase; a guilty plea can attract a reduction of 10% to 25%; personal background and remorse permit only limited discretionary mitigation.
The judge reiterated that a deterrent sentence is necessary to combat wanton and serious violent conduct, to maintain public order and the safety of law enforcement officers; at the same time, for young defendants a balance between punishment and rehabilitation is essential, with timely consideration of placement in a training centre.
Final determination: Defendant 1 was sentenced to 4 years and 7 months’ imprisonment; Defendants 2 and 3 were committed to a training centre; Defendant 4 was sentenced to 4 years and 1 month’s imprisonment; Defendant 5 to 3 years and 4 months’ imprisonment; Defendant 7 to 3 years and 5 months’ imprisonment; and Defendant 8 to 3 years and 4 months’ imprisonment. (Translated from Chinese to English by AI)
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