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The judgment states that from 12:00 noon to 3:40 pm on 12 November 2019, thousands of protesters launched the “Lunch with You” protest around the junction of Pedder Street, Des Voeux Road Central and Connaught Road Central in Central. They occupied and paralysed the roads, set fires, erected roadblocks, and damaged buses and shops. The police issued multiple unlawful assembly warnings and fired tear gas. Defendants 3, 5 and 9 were present in the area, wearing masks and carrying umbrellas, bricks and other protest equipment. They fled when the police dispersed the crowd but were ultimately arrested at an emergency exit of Landmark and charged respectively with rioting and using facial coverings in an unlawful assembly, among other offences.
In accordance with the elements and progressive mechanism for unlawful assembly and rioting under sections 18 and 19 of the Public Order Ordinance, and applying the Prohibition on Face Coverings Regulation under section 241K of the Emergency Regulations Ordinance.
The judge found that the defendants intentionally remained in the core area of the riot, chanted slogans with the crowd, picked up and transported bricks, and wore masks to avoid identification. Their explanations were unconvincing and defied common sense; the cumulative effect of the circumstantial evidence was strong enough to prove their participation in and support for the riot.
The three defendants were not innocent bystanders but ‘deliberate stayers’ who came prepared, actively participated in and encouraged the riot. There was no reasonable excuse for masking, and the evidence was conclusive; they should be convicted.
Convicted all three defendants of rioting (Charge 1) and convicted defendants 5 and 9 of using facial coverings in a prohibited unlawful assembly (Charges 6 and 10). Defendant 3 was also found guilty of breaching the Prohibition on Face Coverings Regulation (Charge 4) following a plea, with sentencing to be determined. (Translated from Chinese to English by AI)
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