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The judgment states that the three defendants, on 29 September 2019, participated in an unauthorised assembly from Causeway Bay to outside the Government Headquarters at Admiralty, which rapidly escalated into a riot. Protesters threw petrol bombs, bricks and other hard objects at the police line and damaged the glass curtain wall of the Government Headquarters. The prosecution relied on CCTV surveillance, police officers and internet footage to demonstrate that dispersal orders and warnings were issued in succession, that police repeatedly called on protesters to disperse, and that water cannon and tear gas were used to disperse them. Each defendant claimed they had remained at the scene only by chance because they were passing through Central to view exhibitions or to conduct field recordings, and, affected by tear gas, took refuge in public toilets or recorded on their phones, unrelated to the riot. However, the court, considering their presence within the riot zone, possession of protective equipment or pig snout masks, and failure to leave immediately, concluded that the three had actually supported and incited the riot. They were therefore convicted of riot, while the charges of assaulting police were not upheld.
According to the precedent of R v Lo Kin-man, the assessment of a riot offence must consider the degree to which participants disrupted public order, whether they used or supported the use of violence, and the consequences caused. The maximum sentence is ten years’ imprisonment, depending on the scale of the protest, the level of armament and the individual conduct.
Although the three defendants did not directly deploy offensive weapons, they were present in the heart of the riot and carried out supportive actions such as hiding in public toilets, carrying masks, umbrellas and protective gear, and recording or struggling to escape at the frontline. Their conduct actually fuelled violent conflict and endangered public safety, warranting serious punishment. However, as the defendants have no significant criminal records, their character and plea of guilt may be considered as mitigating factors.
The court considers that protesters cannot use artistic interest or viewing exhibitions as an excuse. The three defendants in fact acted as accomplices, posing a serious threat to social order, and the court should not be indulgent in order to uphold the rule of law and public safety.
The three defendants were convicted of riot; the charges of assaulting police were not upheld. The court has adjourned sentencing and will announce the sentence at a later date. (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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According to the judgment, since June 2019 a series of demonstrations broke out in Hong Kong. On 29 September 2019, about 20,000 people marched from Causeway Bay to outside the Government Headquarters in Admiralty. During this period, protesters occupied both eastbound and westbound lanes of Harcourt Road and the pedestrian footbridges, using an umbrella formation to resist the police, repeatedly throwing petrol bombs, bricks and other objects to attack the police and obstruct traffic, which developed into a riot. Around 500 defendants gathered outside the Government Headquarters, participating in disorderly acts such as throwing hard objects and incendiary materials. Despite repeated police warnings and attempts to disperse them, the protesters remained, and the police ultimately used water cannon and tear gas to disperse the crowd and arrested many demonstrators.
Riot carries a maximum sentence of ten years’ imprisonment, and, in accordance with Court of Appeal precedent, twelve factors are listed for consideration, including the number of participants, the level of violence used, duration, threat to the community, and the role of the defendant.
Taking into account the roles played by each defendant in the riot, the use or possession of equipment, their plea attitudes, age, history of mental illness, community conduct, and timing of their plea, and considering the absence of prior convictions, genuine remorse, and commitment to reform, a balance was struck between punishment and rehabilitation.
The judge criticised the defendants for blindly following the political atmosphere and losing reasoned judgment, noting that the riot posed a serious challenge to the authority of the HKSAR government and the state, condemning the behind-the-scenes manipulation by the “big players”, and emphasising that the sentence must be deterrent and uphold the rule of law.
The court sentenced four adult defendants to 36 months’ imprisonment each, and one defendant to 30 months’ imprisonment; the individual, who was only fifteen at the time of the offence, had a report ordered and sentencing adjourned, and was ultimately ordered to be sent to a training centre. (Translated from Chinese to English by AI)
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