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The judgment states that on the evening of 18 November 2019 the nine defendants, together with others, erected barricades with umbrellas and wooden boards on Nathan Road between Waterloo Road and Hamilton Street in Yau Ma Tei, Kowloon, threw petrol bombs, gas canisters, bricks and laser beams at the police, and obstructed traffic and damaged nearby facilities。The police deployed multiple riot and tactical units, and at about 23:22 advanced north from the junction of Waterloo Road and Nathan Road, quickly securing and cordoning off the area, and during the operation collected CCTV footage and testimony from 23 on-site witnesses。None of the defendants testified, and apart from one who called a witness to explain the sleeve recovered, no defence was put forward。
Pursuant to Section 19 of the Public Order Ordinance on the offence of riot，it must be proved that the defendants knew of and actually committed or assisted others in breaching the peace，and the prosecution must establish this beyond reasonable doubt。
The defendants were dressed in dark, uniform attire，carried backpacks，masks，sleeves，umbrellas and other implements，and remained at a scene where violent rioting had already occurred，knowing the risks but not leaving，thus helping to fuel the momentum of the riot。The prosecution’s evidence relies on CCTV footage and testimony from 22 police and fire service witnesses，and the evidence is ample and reliable。
The evidence is comprehensive，the prosecution witnesses are consistent and credible，and the circumstances inside and outside the cordoned area also corroborate the defendants’ presence and participation in the riot，leaving no reasonable doubt。The defence offered no substantive evidence to undermine the prosecution’s case。
It was adjudged that the nine defendants committed the offence of riot，and they were found guilty。 (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 noted that on 18 November 2019 ten defendants, together with over a thousand protesters, formed an umbrella blockade on Nathan Road and Waterloo Road in the Yau Tsim Mong District, and threw approximately 250 petrol bombs, gas canisters, bricks and laser beams at the police lines. The standoff lasted about 38 minutes, leaving four police officers with minor injuries. The sixth defendant pleaded guilty before the trial; the other nine were convicted at trial. The police, with assistance from the riot squad, arrested 213 people during the cordon-and-arrest operation.
The maximum sentence for riot is ten years’ imprisonment. Sentencing refers to the Court of Appeal precedents in the cases of Edward Leung Tin-kei, Yeung Ka-lun and Tang Ho Yin, using five years to five years and six months as the sentencing benchmark, and takes into account the number of participants, the level of violence, the degree of planning and the impact on public order.
The riot in this case was premeditated, involved a large number of participants (approximately 1,500 to 2,000), used improvised weapons and multiple attack methods, and blatantly ignored numerous warnings. It caused serious disruption to public safety and traffic, necessitating immediate imprisonment to punish and broadly deter.
The judge emphasised that maintaining the rule of law and public order requires heavy sentences, and those who disrupt social order through riotous conduct must pay a heavy price, to demonstrate the judiciary’s determination to oppose violence and protect the personal and property safety of citizens.
The sixth defendant, due to his age and early guilty plea, was ordered to be detained at a training centre; the first, third, seventh, ninth, eleventh, thirteenth and twentieth defendants were each sentenced to five years and one month’s imprisonment; the fourteenth and eighteenth defendants were each sentenced to five years and four months’ imprisonment. (Translated from Chinese to English by AI)
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