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The judgment stated that the two defendants participated in riots in Causeway Bay, Wan Chai and outside the Government Headquarters in Admiralty on 29 September 2019 in response to the ‘Global Anti-Authoritarian March’. They blocked roads, set fires and threw debris. The police subsequently deployed tear gas and water cannon to disperse the crowd, and arrested both defendants at around 16:49 within the riot zone outside the Government Headquarters.
Riot is a participatory offence under section 18 (unlawful assembly) and section 19 (riot) of the Public Order Ordinance, carrying a maximum sentence of 10 years’ imprisonment.
Both defendants deliberately placed themselves at the scene within the riot zone, knowing that the conflict was still ongoing. They wore black clothing, equipped themselves with umbrellas or gloves, and carried leaflets, thereby fuelling the momentum of the riot and severely disrupting public order.
Defendant One’s testimony was self-contradictory and not credible; Defendant Two declined to testify and offered no rebuttal; the prosecution’s evidence was complete and free of reasonable doubt, resulting in the conviction of both defendants.
Both defendants were convicted of riot, and the court will hand down their sentences at a later date. (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 states that on 29 September 2019, approximately 500 protesters marched from Causeway Bay to the outside of the government headquarters on Harcourt Road in Admiralty. During this time, they wore black clothing, masks and helmets, occupied the roadway and pedestrian footbridges, set up roadblocks and used an ‘umbrella formation’ for cover, threw petrol bombs, bricks and projected laser beams to attack the government headquarters and the police. The police issued multiple warnings and deployed tear gas and water cannon but failed to disperse the protesters; at 16:48 officers charged out from the headquarters to disperse the crowd and arrested twelve defendants; some protesters retreated to nearby streets and continued their confrontation.
Based on the Court of Appeal cases of Leung Tin-kei, Yeung Ka-lun and Tang Ho Yin, among others, the starting point for sentencing the offence of rioting is set at 5 years and 4 months’ imprisonment, with various discounts applied according to the stage at which the defendant pleads guilty and other mitigating factors.
The riot in this case was premeditated and organised, with approximately 500 people using multiple types of equipment including petrol bombs, hard objects, slingshots and ‘umbrella formations’ to attack the government’s core and disrupt public order. It constituted large-scale serious violence, requiring immediate imprisonment to serve as a deterrent.
The judge considered that the defendants’ participation was not limited to occupying the site; they carried protective and offensive equipment and engaged in active destruction, bearing significant culpability, and therefore should be sentenced severely to uphold the rule of law and curb violent actions.
The twelve defendants in this case, based on their plea stages and degree of participation in the riot, were sentenced as follows: Defendant No. 1 to 5 years and 3 months’ imprisonment; Defendants Nos. 2, 5, 6 and 9 to 4 years’ imprisonment each; Defendants Nos. 3, 4, 7 and 10 to 50 months’ imprisonment each; Defendant No. 8 to 51 months’ imprisonment; Defendant No. 11 to 4 years’ imprisonment; and Defendant No. 12 to 62 months and 2 weeks’ imprisonment. (Translated from Chinese to English by AI)
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