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 2019年9月29日 a riot broke out outside the Government Headquarters in Admiralty. Protesters occupied Harcourt Road and hurled petrol bombs, prompting multiple police officers to deploy water cannon and tear gas to disperse and arrest those present. In this case, the two defendants were subdued and arrested within the epicentre of the riot. The prosecution relied on CCTV, online videos and exhibits carried by the defendants, as well as identifications by government forensic experts and police officers, to allege that the pair had thrown objects at government buildings. They denied the charges but were convicted.
The burden of proof rests with the prosecution and must reach beyond reasonable doubt; as riot is a participatory offence, it is necessary to prove that the defendant intended to engage in unlawful assembly and to disrupt public order.
The defendant was in the core area of the riot, dressed to conceal their identity and in possession of spare clothing and protective equipment; the video footage and expert analysis clearly showed them throwing objects at government buildings, excluding the possibility of innocent bystanding.
The judge considered the prosecution’s evidence to be honest and reliable, finding the defendant’s account irrational and inconsistent with the video evidence; the only reasonable inference was that the two intended to facilitate the riot, and therefore they were convicted.
Both defendants were convicted of riot; 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 at around 16:20 on 29 September 2019, eight defendants marched from Causeway Bay to Harcourt Road outside the Central Government Offices in Admiralty, unlawfully occupied the carriageway, participated in a riot with more than a hundred protesters, threw petrol bombs and hard objects, attacked the government building and the police with a large slingshot, and obstructed the road. The police issued multiple warnings and fired water cannon and tear gas to disperse the crowd. Ultimately, at around 16:48 they charged forward and arrested the defendants. Five pleaded guilty before trial, and the remaining three also admitted the charges after trial or during evidentiary disputes, each being convicted of riot.
The maximum penalty for riot is ten years’ imprisonment. According to Court of Appeal precedents, the starting point for the standard sentence for riot is four and a half years, and factors such as the scale of the riot, number of participants, degree of violence, duration, and other offences must be considered. An additional three months’ custodial term is added for those who have actually used violence.
In this case, the riot involved more than a hundred people gathering for over half an hour, hurling petrol bombs and hard objects and erecting obstacles, seriously disrupting public order and endangering the safety of law enforcement officers. A deterrent sentence is required, while also taking into account a reduction for guilty pleas and the defendants’ age and background.
The judge held that Hong Kong, as a society governed by the rule of law, must uphold public order, and serious violence without justification cannot be tolerated; although the young defendants have shown remorse and have good backgrounds, these are not the main reasons for mitigation. However, a partial reduction of the sentence may be granted, and the younger defendants should be sent to a training centre.
The ultimate sentences were: Defendant One was imprisoned for four years and seven months; Defendants Two and Three were each ordered to be sent to a training centre; Defendant Four was imprisoned for four years and one month; Defendants Five and Eight were each sentenced to three years and four months’ imprisonment; and Defendant Seven was imprisoned for three years and five months. (Translated from Chinese to English by AI)
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