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 the evening of 13 August 2019, during a protest at Hong Kong International Airport, some of the four defendants, together with others, blocked the transport lanes with luggage trolleys, metal barriers and other items, obstructing police transport buses and ambulances from leaving, and struck vehicle bodies with their hands, threw objects and shone bright lights. Subsequently, in the departure concourse of Terminal 1, around ten protesters surrounded a fully equipped police officer. Defendants One and Two used torches, a luggage trolley and physical force to wrest the officer’s shield and assault the officer, whereupon the officer drew his firearm and issued a warning. Defendants One and Two pleaded guilty to rioting on the first day of the trial, while Defendants Three and Four were convicted after trial on 25 March 2021 of unlawful assembly.
Rioting (Section 19 of the Public Order Ordinance) carries a maximum of 10 years’ imprisonment, with the District Court able to impose up to 7 years; unlawful assembly (Section 18) carries a maximum of 5 years. Sentencing must consider the degree of premeditation, the number of participants, the use of violence or weapons, the duration, the damage caused and the significance of the location; a guilty plea may receive a discount of up to one quarter.
For rioting, as Defendants One and Two, together with others, collectively surrounded and seized the officer’s equipment at close quarters, posing a serious threat to the officer’s personal safety and airport order, the sentencing starting point was set at 4 years and 9 months. Because the offence occurred at an airport, this was increased by 3 months to 60 months. After applying a 15-month reduction for the guilty plea, each was sentenced to 45 months’ imprisonment. For unlawful assembly, as Defendants Three and Four organised the blockage of transport lanes with others, causing vehicle damage and triggering subsequent violence, the starting point was 12 months, increased by 2 months to 14 months, then reduced by 1 month, resulting in 13 months’ imprisonment, with neither receiving a guilty plea discount.
The court emphasised that political factors were not considered and that the proceedings were solely to uphold public order and the rule of law; it strongly condemned the attack on an on-duty police officer by rioters; it held that violent assaults on the rule of law cannot be condoned and must be met primarily with punishment and deterrence; it increased sentences because of the collective nature of the offences and the special location, and assessed the degree of each defendant’s participation as a whole.
Defendants One and Two were each sentenced to immediate imprisonment of 45 months for rioting; Defendants Three and Four were each sentenced to immediate imprisonment of 13 months for unlawful assembly. (Translated from Chinese to English by AI)
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