判決理由書／裁決書撮要(由AI生成)
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The judgment states that the incident occurred on 29 September 2019, when several hundred protesters, without authorisation, marched from Causeway Bay to Harcourt Road outside the Government Headquarters in Admiralty. By no later than approximately 16:20, a riot erupted; protesters threw petrol bombs and hard objects, and used giant rubber bands and laser beams to attack the police and government buildings. The police then fired water cannon and tear gas, and at around 16:49 suddenly charged out from a concealed exit, subduing and arresting multiple individuals. The first and third defendants were arrested in the core area in succession. The prosecution relied on CCTV footage, police eyewitness testimony, and expert evidence from forensic analysts and identification officers, confirming that the two defendants had each thrown objects at the Government Headquarters from beside a planter and at a bus stop, respectively, and thus found them guilty of participating in a riot.
Under section 19(1) and (2) of the Public Order Ordinance (Cap. 245 of the Laws of Hong Kong), the offence of riot is a participatory offence punishable by a maximum of ten years’ imprisonment; sentencing must consider factors including the nature and organisation of the defendant’s conduct during the riot, whether weapons were used or public safety was endangered, and any prior convictions.
Both defendants remained in the core area of the riot and repeatedly threw objects at the Government Headquarters, conduct that was highly destructive and organised; their actions not only endangered public order but also incited others to participate in the riot. This constituted a serious social harm and warranted severe punishment to serve as a deterrent.
The judge considered the prosecution’s evidence to be ample and beyond reasonable doubt: the CCTV footage was consistent with the forensic experts’ analysis, the police testimony was reliable, and the defendants’ explanations were inconsistent with the recorded footage and the circumstances at the scene, hence finding them guilty.
Both defendants were found guilty, and the case was adjourned for sentencing 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, the defendants assembled without authorisation outside the Government Headquarters in Admiralty and participated in a riot. The protesters threw petrol bombs and hard objects at the complex, used laser beams, and built roadblocks with debris. After repeated warnings, the police deployed water cannon and tear gas to disperse them, and by around 16:48 had cleared the area and made arrests. Some defendants pleaded guilty before trial; the rest were convicted following trial.
Maximum penalty of ten years. Referring to Court of Appeal precedents, the sentencing guideline for adult rioting is between four and five years, with the starting point determined by the scale of the riot, degree of violence, and related factors.
The large scale of the riot, the number of participants, and serious violent acts such as throwing petrol bombs were aggravating factors; guilty pleas warrant a 20-25% reduction; adult defendants had a starting point of four years and six months, increased to four years and nine months based on their conduct; juvenile defendants were sent to a training centre.
The judge held that the offence of rioting must carry deterrent weight to maintain public order; remorse and personal background should be considered appropriately but excessive mitigation is inappropriate; rehabilitation opportunities for young defendants should be emphasised.
The first defendant was sentenced to four years and seven months’ immediate imprisonment; the second and third defendants, due to their age, were ordered to attend a training centre; the fourth defendant received four years and one month’s imprisonment; the fifth and eighth defendants were each sentenced to three years and four months’ imprisonment; the seventh defendant was sentenced to three years and five months’ imprisonment. (Translated from Chinese to English by AI)
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