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The judgment states that on the evening of 11 August 2019, an unlawful assembly broke out on Nathan Road between Austin Road and Kanfulishi Road in Tsim Sha Tsui, Kowloon, Hong Kong, and on the adjacent Pak Lai Avenue, which developed into a riot. The protesters, dressed in black and wearing helmets, face masks, goggles, gloves and carrying backpacks, engaged in acts undermining public order, including blocking the entrances and exits of the police station, throwing petrol bombs, stacking bricks and stones, erecting umbrella and metal barrier formations, shining laser beams at the police station and striking the ground to create noise. The police repeatedly warned via loudspeaker and displayed black and orange flags, fired tear gas to disperse the crowd, then advanced along Nathan Road and Pak Lai Avenue, stopping and arresting ten individuals present, charging them with rioting.
This case involves offences under section 18 (unlawful assembly) and section 19 (riot) of the Public Order Ordinance. As participatory offences, the prosecution must prove that the defendant assembled with others and was aware of and intended to participate, and that any act of encouragement, support or assistance constitutes participation in the riot.
The judge held that the defendants, wearing black clothing and carrying protective and material equipment such as face masks, helmets, umbrellas, gloves and cable ties, remained in the core area of the riot despite repeated police warnings, thereby fostering and encouraging others to disrupt public order, which was the only reasonable inference.
The judge found the prosecution’s witnesses to be honest and reliable, and considered the video footage and environmental evidence at the scene to be sufficient. After examining each defendant’s defence arguments, the judge concluded that, except for the sixth defendant’s claim of insufficient evidence, all other defences failed.
The court acquitted the sixth defendant and found the remaining nine defendants guilty of rioting. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment indicates that on the night of 11 August 2019, the defendant, together with over a thousand protesters, participated in an unlawful assembly around Nathan Road and Parry Avenue in Tsim Sha Tsui, Kowloon, which escalated into a riot. During this period, some blocked roads, threw petrol bombs and bricks, projected laser beams and hurled tear gas canisters, and besieged a police station, causing disruption to public order. Based on their attire and equipment at the scene, the court presumed the defendant had the intention to participate, and found that of the ten individuals, all except the sixth defendant were guilty of rioting.
The maximum penalty for the offence of rioting in a public prosecution is ten years’ imprisonment. Sentencing must consider the degree of planning, the number of participants, the level of violence used, the duration, and the impact on public order, and follow the three principles set out by the Court of Appeal in Tang Ho Yin and Pilgrim: overall conduct, collective conduct, and severity. The starting point for sentencing in this case is three years and nine months’ imprisonment.
Given that the defendants were equipped with protective gear beforehand, were at the forefront encouraging the disruption of public peace, and targeted the police station in the execution of its duties, although there is no evidence that they personally used violence, the collective violent behaviour was severe and immediate imprisonment is necessary as a deterrent. The defendants have no prior convictions, did not commit other offences, and have engaged in further study or work since the incident; the court granted sentence reductions of between three and six months in light of individual circumstances.
The Bench considers that immediate imprisonment is the only appropriate sentencing option, necessary to uphold the rule of law and public safety, strictly adhering to the principles of punishment and deterrence, and allowing only limited mitigation where statutorily permissible.
According to each defendant’s level of involvement and mitigating reasons, the Bench sentenced the defendants to immediate imprisonment ranging from three years and six months to three years and nine months, clearly demonstrating a firm resolve to punish and deter riotous conduct. (Translated from Chinese to English by AI)
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