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The judgment states that Defendant 1–4 held press conferences on 30 September 2019 after the Commissioner of Police prohibited National Day gatherings and their appeal was dismissed, publicly inciting people to join an unauthorized procession on 1 October 2019. All ten defendants then organized and led a march from Causeway Bay to Central, carrying banners demanding political reforms and chanting anti-government slogans. Along the route thousands of participants engaged in obstruction, vandalism, and violent acts including traffic disruptions, property damage, petrol bombing, and attacks on police, severely disturbing public order. The defendants pleaded guilty to incitement, organizing and participation charges under section 17A of the Public Order Ordinance, and the court heard extensive video and documentary evidence of their roles and the surrounding social unrest.
The court applied a deterrent and punitive standard, drawing on Secretary for Justice v Wong Chi Fung, Chung Ka Ho, and Poon Yung Wai to ensure sentences reflect the gravity of unauthorized assemblies, protect public order, and serve both punishment and general deterrence.
The defendants premeditatedly defied lawful restrictions, used press conferences and social media to incite large crowds despite police intelligence warnings of violent plots, and orchestrated an unlawful march that caused widespread disruption, damage, and real risk of violence.
The judge found their repeated claims of peaceful civil disobedience naive and unrealistic, emphasized that personal beliefs are irrelevant to sentencing, and concluded that the defendants knowingly risked and contributed to violence and contempt for public order laws.
Defendants 1–4 were each sentenced to 18 months’ imprisonment; Defendants 5, 6, and 8 to 14 months’ imprisonment each; Defendant 7 to 14 months plus 14 days’ imprisonment; Defendant 9 to 14 months’ imprisonment suspended for 24 months; and Defendant 10 to 14 months’ imprisonment suspended for 24 months.
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