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 notes that on the afternoon through to the evening of 31 August 2019, in the Hong Kong Island District near Hennessy Road and Lockhart Road, riotous conduct occurred in succession, involving the construction of roadblocks with miscellaneous items that were set alight and the throwing of petrol bombs at police lines. The police formed a cordon to disperse the protesters and, on the section of Hennessy Road opposite Southorn Playground, intercepted eight defendants, charging them with rioting. The fourth defendant was additionally charged with possession of a petrol bomb and an extendable baton in a public place. All defendants pleaded not guilty. The defence pointed out multiple inconsistencies in the police officers’ statements, notes, and video footage, and questioned the reliability of identification based solely on clothing and equipment. The court therefore examined, in separate proceedings, the behavioural evidence and the police testimony regarding each defendant’s arrest.
For rioting, it must be proven beyond reasonable doubt that the defendant intentionally and actively participated in the riot together with others; for the offence of possession of an offensive weapon, it must be proven that the defendant had actual possession of the weapon and intended to use it for an offensive purpose.
Upon reviewing the video recordings, the officers’ logs, and witnesses’ statements, the evidence in the case was found to be repeatedly inconsistent or lacking connection, and there was no proof that the defendants had specifically encouraged or participated in the riot or intended to use the weapons, failing to meet the standard for conviction.
The police officers’ testimonies were inconsistent with the written records and the video; identification based on clothing and equipment was unreliable and not the sole means of identification; there was no conclusive evidence that any defendant engaged in insulting language or in acts of burning or throwing; and the weapon possession charges were also difficult to rely on due to doubts over the sources of evidence.
The charges of rioting and possession of an offensive weapon against all defendants could not be established due to insufficient evidence, were ordered to be withdrawn, and all eight defendants were acquitted and released. (Translated from Chinese to English by AI)
查看完整判決理由書／裁決書