判決理由書／裁決書撮要(由AI生成)
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The judgment states that on the evening of 7 September 2019 at MTR Sha Tin station, demonstrators confronted police officers. Dozens of masked protesters provoked officers using laser pointers and umbrellas and threw miscellaneous objects at them. When officers attempted to escort injured colleagues away, the protesters closed in and obstructed law enforcement. Defendant Three possessed two laser pointers and shone the beams at officers, and was chased and subdued outside the control room; Defendants One and Two were later arrested based on CCTV footage and items seized from their homes, including spectacles, rucksacks and clothing. Defendant One had thrown a metal mooncake tin at an on-duty officer. The three were charged with rioting, assaulting police, resisting arrest and possessing an offensive weapon. They all denied the charges, but the court ultimately found the evidence sufficient and convicted them.
Pursuant to section 19(1) of the Public Order Ordinance and section 17 of the Criminal Procedure (Summary Proceedings) Ordinance, rioting carries a maximum fine of HKD 100,000 and ten years’ imprisonment; assaulting a police officer carries up to two years’ imprisonment; resisting a police officer carries up to three months’ imprisonment; and possessing an offensive weapon carries up to three years’ imprisonment.
In sentencing, it was considered that the defendants’ conduct posed a serious threat to public order and law enforcement personnel, demonstrated no remorse, and required severe punishment to deter others; thus, probation or community service orders were deemed inappropriate.
The defendants participated in the riot in an organised and premeditated manner, with improper motives and brutal conduct, disrupting social tranquillity and warranting severe punishment as a deterrent.
Defendants One and Two were each sentenced to two years’ imprisonment; Defendant Three, for resisting an on-duty police officer and possessing an offensive weapon, received an aggregate sentence of one year’s imprisonment, with time spent on remand deducted. (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 indicated that on the night of 7 September 2019, approximately several dozen masked protesters confronted police officers at Sha Tin MTR station. During the confrontation, officers were exposed to laser light and a strong light, causing discomfort and requiring hospital treatment. As the inspector was escorting the injured back to the station, Defendant Three again shone a torch into the inspector’s eyes, provoking a counter-response with pepper spray. Defendant Three then fiercely resisted inside the station, fell and bit an officer. Meanwhile, the crowd raised umbrellas and threw metal poles, rubbish bins and other debris at the control room, even spraying fire extinguisher powder. During this time, Defendant One threw a folding umbrella and a metal mooncake tin at the inspector, and Defendant Two and others held black umbrellas to try to obstruct the doors from closing. Police officers eventually subdued them and escorted them into the control room, after which the riot police dispersed the remaining crowd. A search of Defendant Three’s backpack recovered two laser pointers capable of causing injury.
Under section 19 of the Public Order Ordinance, the offence of riot is punishable by up to 10 years’ imprisonment; the District Court’s sentencing limit is 7 years; there are corresponding legal provisions for assaulting police officers, resisting arrest, and possessing an offensive weapon.
Having considered that the riot in this case was a collective action in which laser pens, umbrellas, metal implements and other offensive tools were used, that it took place at a public transport hub and lasted about seven minutes, and posed a serious threat to public order and safety, a deterrent sentence is required to uphold the rule of law.
The judge emphasised that violence obstructing law enforcement will not be tolerated, that political factors are irrelevant to sentencing, and that adults must be held responsible for their actions.
Defendant One was sentenced to 3 years and 8 months for riot and 3 months for assaulting a police officer, making a total of 3 years and 9 months’ imprisonment (of which one month is to be served in instalments); Defendant Two was sentenced to 3 years and 8 months for riot; Defendant Three was sentenced to 3 months for resisting a police officer and 9 months for possessing an offensive weapon, with the two sentences consolidated into a total term of 12 months to be served in instalments. (Translated from Chinese to English by AI)
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