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The judgment states that all ten Defendants were charged in the District Court of the Hong Kong Special Administrative Region for organising, incitement to, and participation in an unauthorised public assembly on 1 October 2019. After the Commissioner of Police lawfully prohibited a National Day procession and an appeal was dismissed, Defendants 1–4 held press conferences and issued social media posts urging large-scale participation. On the holiday they led a bannered procession from Causeway Bay to Central, chanting political slogans amid road blockages, vandalism, and clashes. Defendants pleaded guilty to varying counts of incitement, organising, and knowing participation.
The judge applied established sentencing principles requiring both punishment and deterrence for public order offences, drawing on precedent (Wong Chi Fung, Chung Ka Ho, Poon Yung Wai) and considering the inherent risk or occurrence of violence in unauthorised assemblies.
Defendants knowingly defied a lawful ban, orchestrated a large procession during escalating unrest, ignored credible police warnings of planned violence, and contributed to serious disruption and property damage, warranting immediate custodial sentences as the only effective deterrent.
The judge held that appeals to civil disobedience and assurances of peaceful conduct were naive against the record of daily violence; that statutory restrictions on assembly are constitutional; and that respect for law is essential regardless of political conviction.
Defendants 1–4 were each sentenced to 18 months’ imprisonment on concurrent charges of incitement and organising. Defendants 5, 6, and 8 received 14 months for organising, some with portions consecutive to existing sentences. Defendant 7 was sentenced to 14 months concurrent for organising and participation, plus activation of a 14-day suspended sentence. Defendant 9 received 14 months suspended for 24 months. Defendant 10 received 14 months suspended for 24 months, with a concurrent 9-month term for participation.
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