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 noted that on 24 May 2020, an unauthorised assembly outside Sogo in Causeway Bay escalated into an unlawful assembly, with protesters erecting roadblocks on Hing Fat Street and elsewhere to obstruct traffic. The defendant and approximately six others reinstated the roadblocks, and when others attempted to remove them they surrounded and attacked X, who was trying to direct traffic. During the incident a woman struck X with a bamboo pole and knocked him to the ground, while wanted persons repeatedly punched him, and the defendant kicked X twice in the body. Subsequently someone called the police, the crowd dispersed, and the defendant was intercepted and arrested by police nearby.
According to the Riot offence under the Public Order Ordinance and relevant Court of Appeal precedents, factors to be considered include whether the action was premeditated, the number of participants, the degree of violence, the use of weapons, the scale and duration of the riot, injuries and threats caused, public disturbance and social impact, the offender’s role, and concurrent offences.
In this case the scale of the roadblocks was limited and the number of participants was small, but the defendant joined others in assaulting innocent citizens, posing a high social threat, although no permanent injuries were inflicted. The defendant only kicked twice and was unarmed, was under 17 at the time, had no prior convictions, pleaded guilty, and submitted positive reports from teachers and social workers, as well as letters of apology and mitigation, demonstrating a willingness to reform.
The judge considered that serious offences committed by youths require a deterrent sentence, but since the defendant was not the instigator and had a good background and conduct, it is necessary to balance punishment and reform, and therefore it is appropriate to impose guidance rather than immediate detention.
The defendant was sentenced to a juvenile training centre for the offence of rioting and required to compensate X HKD 3,000, of which HKD 1,000 is to be deducted from the bail, and the remaining HKD 2,000 must be paid within two months. (Translated from Chinese to English by AI)
查看完整判刑理由書