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 the afternoon of 29 September 2019, a large number of protesters dressed in black marched from Causeway Bay to the outside of the Government Headquarters on Summer Road in Admiralty, and the event escalated into a serious riot. Defendants 1, 3 and 9 each claimed they were present only because they were passing by to view exhibitions, using public toilets to avoid tear gas, or making field recordings; Defendant 9 also carried a large amount of first aid and protective equipment. After issuing multiple broadcast warnings, the police launched dispersal and arrest operations. The three denied participating in the riot and advanced different defences.
According to Hong Kong Special Administrative Region v. Lo Kin-man (2021) 24 HKCFAR 302, the offence of riot requires proof that the defendant acted in concert with others and knowingly or with tolerance of violence to disrupt public order.
All three defendants were present in the core area of the riot and supported others in disrupting order through their actions or by means of their equipment; even if they were not shown to have committed acts of violence, they still acted as accessories in bolstering the riot; the charge of assaulting a police officer against Defendant 9 was not upheld due to insufficient evidence.
The defendants’ various defences are untenable; the evidence shows that they knowingly remained and supported the unlawful assembly despite the riot, and their assertions of having no involvement in the riot are therefore not accepted.
The three defendants were convicted of the offence of riot, while the charge of assaulting a police officer against Defendant 9 was not upheld; sentencing was adjourned and will be heard at a separate hearing. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書
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 notes that, beginning in June 2019, demonstrations frequently occurred in Hong Kong. On 29 September 2019, about 20,000 people marched from Causeway Bay to outside the Government Headquarters in Admiralty. The protesters gathered at the junction of Harcourt Road and Tim Wa Avenue, set up an umbrella formation and threw petrol bombs, bricks and other hard objects. The police attempted to disperse them with water cannon and tear gas but failed. Approximately 500 people, including the defendants, were arrested and pleaded guilty to rioting.
The maximum penalty for the offence of rioting is ten years’ imprisonment. There is no specific guideline. The Court of Appeal listed twelve factors to consider, such as the number of participants, the level of violence, organisation, duration and individual roles, among others. Sentencing must balance deterrence with individual culpability.
The judge based the sentence on each defendant’s level of involvement, use of heavy equipment, throwing actions, the timing of the plea, and personal background and remorse; imposed harsher sentences on those more culpable and granted discretionary reductions for lesser participants, also taking into account age and reports on physical and mental condition.
The judge considered the Government Headquarters as a core symbol of the Special Administrative Region. In this case, the riot was highly organised and destructive, necessitating severe punishment to uphold the rule of law and serve as a deterrent, while also delivering a profound lesson to the defendants and their families. It is regrettable, however, that those behind the scenes have not yet been brought to justice.
The first defendant, being young and in poor physical and mental condition, was ordered to attend a juvenile training centre; the other four defendants were each sentenced to 36 months’ imprisonment; the last defendant, in view of active mitigation and a favourable background, received a reduced sentence of 30 months. (Translated from Chinese to English by AI)
查看完整判刑理由書