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 21 September 2019, a large number of people unlawfully assembled at YOHO Mall in Yuen Long, erected roadblocks, and damaged fire-fighting equipment and CCTV cameras. In the early hours of the following day, the crowd moved to Hong King Street in the town centre, where the defendants participated in the assembly and subjected a passer-by to insults, threats, the throwing of water bottles and pepper spray, forced him to kneel and illegally confined him. They then continued to verbally abuse and surround him in a taxi and smashed his mobile phone. The victim sustained a serious head injury and required seven stitches.
Referring to the standards established by the Court of Appeal in the cases of Tang Ho Yin and Yeung Ka Lun: the starting point for sentencing the offence of riot is generally five years’ imprisonment, and for the offence of false imprisonment is about two and a half years’ imprisonment. Consideration should also be given to the scale of the riot, the degree of violence, the number of participants, the gravity of each individual’s role, the need for societal deterrence, and the personal circumstances of the defendant.
The principal defendant actively chased and assaulted the victim during the riot and engaged in elements of false imprisonment, showing significant malice. However, as he pleaded guilty sincerely and has a medical history of autism, his sentence for the riot was reduced from the five-year starting point to 40 months, to be served concurrently with 20 months for the false imprisonment offence; the three other defendants participated in constructing roadblocks and spray-painting to damage cameras. Although their offences were serious, they were young and without prior convictions and reports from educational and reform institutions were positive; therefore, they were sentenced to a training centre.
The judge considered the principal defendant’s violent behaviour to be extremely barbaric and contrary to the norms of a civilised society; although the three defendants were only 16 years old, they still required a deterrent sentence and to bear responsibility for the damage, but were better suited to educational and reformative measures.
The principal defendant was sentenced to 20 months’ imprisonment on the fifth count (false imprisonment) and 40 months’ imprisonment on the sixth count (riot), to be served concurrently for a total term of 40 months, and must pay the victim HK$2,500 in compensation within seven days; the three defendants were ordered to be sent to a training centre and to pay HK$7,000 in compensation to the relevant company, to be deducted from their savings. (Translated from Chinese to English by AI)
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