判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that Defendants 1 to 7 unlawfully assembled on the evening of 31 August 2019 at No. 1 Jaffe Road, Causeway Bay, and the surrounding area. About 300 people wearing dark clothing, helmets, and masks set fires, threw petrol bombs, used laser pointers and other implements to confront the police. At 21:06, the police advanced along Hennessy Road after displaying black and orange flags as warnings, and immediately arrested the seven individuals at the junction of Jaffe Road and Paterson Street. Defendant 1 was moreover found in possession of an unlicensed radio transceiver. Although the prosecution has no direct evidence showing how each defendant actually disturbed the public peace, it infers participation in a riot from their location at the time of arrest, attire and equipment, and flight behaviour; the defence contends that they may have been onlookers or first responders, did not have offensive equipment, and the arrests were not carried out immediately in the core riot area.
According to section 19 of the Public Order Ordinance, the maximum sentence for riot is ten years’ imprisonment; under section 8 of the Telecommunications Ordinance, the unlicensed possession of a radio communications device carries a maximum sentence of two years’ imprisonment.
Given that individuals set fires, threw petrol bombs and used weapons to confront the police during the riot, constituting a serious breach of public peace, only the evidence of Defendant 1’s participation and equipment reaches the threshold of no reasonable doubt; the evidence against the other defendants is insufficient.
Defendant 1’s full protective gear, coordinated flight with accomplices, the use of the radio transceiver, and simultaneous attacks on police nearby all demonstrate that he participated in the riot; as for the other defendants, the evidence is purely circumstantial and fails to exclude reasonable doubt.
Defendant 1 was convicted of riot and unlicensed possession of a radio communications device and sentenced to five years’ imprisonment in total; Defendants 2 to 7 were acquitted of the riot charge and released. (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 points out that on the evening of 31 August 2019, the defendant participated in a riot of over 300 people outside the Soho Department Store in Causeway Bay. At the scene, there was arson, the throwing of petrol bombs, the shining of laser beams at the police, and the occupation of the road. After multiple police warnings, the police advanced to disperse the crowd. During this operation, the defendant carried an unlicensed radio transceiver and attempted to escape. He was ultimately arrested on Pak Tak New Street. Expert tests confirmed that his communication device required a licence, and he was charged with the offence of rioting and with unlicensed possession of radio communication equipment.
In accordance with the Public Order Ordinance and relevant case law, the assessment of the offence of rioting must take into account factors such as the degree of planning, the number of participants, the use of weapons and level of violence, the overall scale, the duration, the nature of police warnings issued, and the damage caused and the threat posed.
In this case, the riot involved over 300 people, accompanied by arson and bomb-throwing, posing a high degree of threat; however, the defendant was not an organiser, there was no evidence that he personally used violence, and his guilty plea saved judicial resources. Mitigating factors such as his good conduct following previous convictions and his physical and mental condition justified a reduction from the starting point of four and a half years’ imprisonment to four years.
The offence of rioting centres on the threat posed by collective action. Although the defendant participated in the riot, he did not act as a leader or inciter. He can be regarded as a secondary party and should receive an appropriate reduction in sentence.
The defendant was sentenced to four years’ imprisonment for the offence of rioting; for the offence of unlicensed possession of radio communication equipment, he was fined HK$5,000, which may be deducted from his bail. (Translated from Chinese to English by AI)
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