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The judgment states that from 9 November 2019 there were online calls for a ‘three strikes’ action. Between 11 and 28 November, a large number of protesters occupied the campus of the Hong Kong Polytechnic University on a large scale, setting up roadblocks and checkpoints, damaging CCTV cameras and campus facilities, and throwing petrol bombs, arrows and other items down from the footbridge connecting to the campus, obstructing traffic and clashing with the police on numerous occasions. Since 17 November the police repeatedly warned via press releases and social media and completely sealed off the campus, and at around 1:30 pm on the afternoon of 18 November the defendant and about 100 protesters attempted to break out via Cheung Wan Road outside the campus, opening umbrellas to form a phalanx and wearing protective visors and gas masks, shooting arrows and throwing petrol bombs, bricks and other objects at the police, and were eventually intercepted and arrested by the police.
The judge, pursuant to Section 19 of Chapter 245 of the Public Order Ordinance, fixed the maximum penalty for the offence of rioting at 10 years, and, referring to Court of Appeal authorities, established a sentencing starting point of 5 to 6 years, which may reach 6 years or more in particularly serious cases.
In view of the high level of organisation and premeditation of the riot in which the defendant participated, the use of weapons such as arrows and petrol bombs, and the fact that the incident represented the most intense phase of the PolyU riot, and further that the defendant had previously been convicted of a similar rioting offence requiring an increased sentence, the starting point was set at six and a half years based on considerations of punishment and deterrence. After a one-third reduction for guilty plea and cooperation, the term was confirmed at 52 months, and was ultimately reduced to 24 months.
The judge held that the offence of rioting must carry a strong deterrent effect to maintain social order and ensure the safety of law enforcement personnel. Whether an individual personally commits acts of violence is not the sole consideration; what matters is participation in and facilitation of collective violent conduct, hence severe punishment is required to prevent recurrence of similar incidents.
The defendant was ultimately sentenced to 24 months’ imprisonment, to be served consecutively with the sentence previously imposed in another case. (Translated from Chinese to English by AI)
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