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 from the night of 13 August 2019 to the early morning of 14 August, hundreds of protesters blocked roads outside Terminal 1 of Hong Kong International Airport, obstructing police and ambulance access, striking police vehicles, throwing objects and shining laser lights at officers. Some protesters then entered the departure concourse, surrounded and attacked officers on duty, snatched police batons and round shields, and officers only escaped after drawing their firearms as a warning.
This case involves rioting and unlawful assembly. The maximum penalty for rioting is 10 years (with the District Court cap at 7 years), and up to 5 years for unlawful assembly. Sentencing takes into account twelve factors, including whether there was premeditation, the number of participants, the degree of violence, the duration, the consequences and the impact on public order.
The court held that the protesters’ violent conduct was serious, requiring the maintenance of public order and the rule of law, and that the airport setting constituted an aggravating factor. A plea discount of one quarter was applied; no reduction was granted for the second defendant’s medical condition; and the third and fourth defendants each received a one-month reduction for having no prior convictions.
The judge emphasised that this was not a political determination, and that the sentence served both punitive and deterrent purposes, underscoring that the rule of law cannot be undermined by violence.
The first and second defendants pleaded guilty to rioting and were each sentenced to 45 months’ immediate imprisonment; the third and fourth defendants pleaded guilty to unlawful assembly and were each sentenced to 13 months’ immediate imprisonment. (Translated from Chinese to English by AI)
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