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The judgment states that the three defendants, together with several dozen others, took part in an unlawful assembly outside the Central Government Complex at around 3:45 pm on 29 September 2019, which escalated into a riot involving the throwing of petrol bombs, bricks and other hard objects. The police obtained closed-circuit television and publicly available footage, and testimony was given by several police officers. The three were arrested between approximately 4:45 pm and 4:50 pm at locations including Harcourt Road and Tim Wa Avenue; equipment recovered at the scene included helmets, goggles, gas masks, arm protectors, face masks, laser pointers, super glue, umbrellas and other items. All three defendants denied the charges and did not give evidence in court. The court, having considered the physical evidence, witness testimony and relevant legal principles, found that they were not mere bystanders but participants in the riot.
In accordance with Section 17 of the Public Order Ordinance on the offence of riot, and with reference to the Court of Final Appeal’s guidelines on the participation and fluidity of unlawful assemblies and riots.
The defendants were in possession of multiple protective and offensive items at the site of the large-scale riot that disrupted public peace, had thrown or attempted to throw objects, and resisted arrest, indicating a serious level of criminality.
Having considered the video footage, on-scene testimony, and the defendants’ equipment and conduct, the only reasonable and inescapable inference is that all three were participants in the riot, and their evidence and testimony are credible.
The court found the three defendants guilty of one count of rioting. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
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The judgment states that on 29 September 2019, dozens of rioters launched a large-scale riot outside the Government Headquarters on Harcourt Road, damaging the glass curtain wall and attacking police officers by throwing bricks, stones, petrol bombs and other objects. The three defendants were arrested near the scene that day; they denied participating in the riot but were unable to give a reasonable explanation for their presence, claiming they were merely passing by and observing. After trial, the second and third defendants were found guilty, while the first defendant was unable to appear for sentencing due to a COVID-19 testing arrangement and his sentencing was adjourned until 20 June. Accordingly, only the second and third defendants were sentenced on this occasion.
Pursuant to the offence of riot, a maximum term of ten years’ imprisonment may be imposed, and regard is had to the twelve sentencing considerations set out by the Court of Appeal in the 【2020】HKCA 275 case and 【2019】HKCA 611 case, including the number of participants, level of violence, duration, threat to the community and public safety, the offender’s role and degree of participation, and so on.
In this case, the riot was the largest and most serious of the ‘929’ events outside the Government Headquarters; the rioters threw bricks, petrol bombs and other hard objects at the political core of the government, carrying significant symbolic meaning. Although the defendants did not personally assault police officers, they attended the scene equipped with protective gear and instruments for committing offences, showed no remorse for their actions or the harm caused to society, and failed to present sufficient mitigating circumstances; to demonstrate deterrence and protect public safety, severe punishment is necessary.
The judge considers that the two defendants were not merely curious or passing by. They brought more than forty masks and helmets, gas masks, marbles, goggles and other equipment, indicating a premeditated intent to support the riot. Their conduct emboldened the rioters and fuelled anarchy; viewed as mere pawns manipulated by behind-the-scenes instigators, they must be punished and marked to deter similar violent actions in the future.
Having considered all aggravating and mitigating factors and using four and a half years’ imprisonment as the starting point, the court ultimately sentenced the second and third defendants to four and a half years in prison for the riot offences, to underscore the deterrent and punitive objectives for such serious public violence. (Translated from Chinese to English by AI)
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