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 the defendant on 26 June 2019 outside Wan Chai Police Headquarters unlawfully assembled, helped block entrances and obscure CCTV cameras, and punched and kicked an undercover police officer. The defendant admitted failing to appear in court as directed by the magistrate, constituting a breach of bail, but denied the charges of rioting and assault. The prosecution relied on CCTV, police witnesses and fingerprint evidence to confirm his identity, while the defence claimed self-defence and prevention of crime. The court found him guilty of rioting and, alternatively, common assault, and also found him guilty of breach of bail.
In accordance with the sentencing guidelines under the Public Order Ordinance and the Offences Against the Person Ordinance, considering the seriousness of the rioting and assault on public order and personal safety.
The defendant used violence to harm police officers and seriously disrupted social tranquillity, necessitating a sentence that fulfils retributive and deterrent purposes; although he has no prior convictions, the public interest has been significantly harmed.
Protests do not tolerate violence, and upholding the rule of law requires severe punishment of offenders to warn the public to observe order.
The defendant was sentenced to 12 months’ imprisonment for rioting, 6 months’ imprisonment for common assault, and 3 months’ imprisonment for breach of bail; the three sentences were ordered to run concurrently, totalling 12 months. (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 notes that on 26 June 2019, after taking part in a peaceful assembly approved by the Civil Human Rights Front, the defendant, together with a large group of protesters, surrounded the Wan Chai Police Headquarters, occupied the roadway and obstructed the entrances, and sprayed paint on the exterior walls while throwing debris. At one point, an undercover officer attempting to return to the station via the Arsenal Street vehicle gate was intercepted by protesters; the defendant punched him on the corner of his mouth and head and kicked him, forcing him to retreat onto a building platform. The defendant was later arrested for failing to surrender as required and entered a not guilty plea, but was ultimately convicted of riot and common assault, and pleaded guilty to the charge of failure to surrender as required.
Under Section 19 of the Public Order Ordinance, the maximum penalty for riot is ten years’ imprisonment, with the District Court empowered to impose up to seven years; reference was made to a 2020 Court of Appeal case setting out twelve sentencing considerations, emphasising the protection of public order and the rule of law, and affirming the deterrent effect of sentencing.
The sentencing took into account the large scale of the protest, its location at the police headquarters, the use of masks to conceal identities, the spraying of paint and the blocking of passageways as aggravating factors; however, the violence was brief and minor, resulting in no significant injuries. The defendant had no prior convictions, submitted multiple letters of support, and expressed remorse, warranting mitigation. The starting point for the riot sentence was four years, reduced by two months to three years and ten months; the common assault sentence was six months, reduced by one month to five months; and the failure to surrender sentence was three months, reduced by one third to two months for the guilty plea. The two violent offences are to run concurrently, with the failure to surrender term to run consecutively, resulting in a total prison term of four years.
The court held that violence disrupting public order cannot be justified by protest objectives and must be met with severe condemnation to warn young people against committing offences in moments of passion, emphasising the importance of preserving social tranquillity and the safety of law enforcement officers.
The defendant was ultimately sentenced to immediate imprisonment of three years and ten months for riot and common assault, and a further two months’ immediate imprisonment for failure to surrender as required, totalling four years in prison. (Translated from Chinese to English by AI)
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