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The judgment states that on 11 August 2019, on Nathan Road between Austin Road and Humphreys Avenue in Tsim Sha Tsui, Hong Kong, over one hundred people initially participated in a demonstration; from 18:38 they began throwing bricks and petrol bombs, formed an umbrella blockade and set up metal barricades to besiege the police station, and shone laser beams at officers. The police issued multiple warnings via loudspeaker, displayed police flags and deployed tear gas, and at about 19:35 advanced along Nathan Road to disperse the crowd, subsequently arresting ten defendants.
Offences of unlawful assembly (Section 18(1)) and participation in a riot (Section 19) under the Public Order Ordinance
All defendants were at the scene of the riot, their attire and equipment indistinguishable from other protesters; despite multiple warnings, they refused to disperse, intending to jointly participate in and encourage acts that disrupt public tranquillity
The judge inferred the defendants’ intent and conduct in participating in the riot from circumstantial evidence; apart from Defendant No. 6, for whom evidence was insufficient, the remaining nine were convicted
Among the ten defendants, the sixth was acquitted; the remaining nine were convicted of the offence 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 notes that this case involved ten defendants (apart from the sixth defendant) who, on 11 August 2019 between 6:38 pm and 8:00 pm, unlawfully assembled with over a thousand protesters dressed in black in the vicinity of Nathan Road, Austin Road and Carnarvon Road in Tsim Sha Tsui, Kowloon. They formed umbrella formations, used debris and recycling bins to block the roads, besieged the Tsim Sha Tsui Police Station, threw bricks, debris and at least two petrol bombs on multiple occasions, and shone laser pointers at the station while throwing tear gas canisters back. Although there is no evidence that the individual defendants directly committed acts of violence, their wearing of protective gear and encouragement of and assistance to others in disrupting public peace allow the inference that they intended to participate in and incite a riot. Accordingly, they were found jointly guilty of rioting.
Pursuant to section 19 of the Public Order Ordinance, the offence of rioting on indictment is punishable by a maximum sentence of ten years’ imprisonment.
Having considered the scale of the riot involving over a thousand participants, the fact that the target was a police station, and the duration exceeding 100 minutes, with a moderate to high degree of violence, the starting point for sentencing was three years and nine months. Given that most of the defendants had no prior convictions, were young, and had worked hard or pursued further studies after the incident with multiple endorsements, the court reduced the sentence by three months on account of their individual backgrounds and conduct.
The judge considered that the riot not only seriously disrupted public order but also challenged law enforcement agencies and the foundations of the rule of law. Therefore, actual imprisonment and severe punishment were necessary to deter others, so as to uphold social stability and the spirit of the rule of law.
Ultimately, nine defendants were sentenced to immediate imprisonment: six received terms of three years and six months, and three received terms of three years and nine months, with neither suspended sentences nor reductions for guilty pleas. (Translated from Chinese to English by AI)
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