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The ruling states that starting from 17 November 2019, the Hong Kong Polytechnic University saw successive days of protests, with hundreds of demonstrators occupying the campus and confronting the police intensely; the government urged citizens to stay away, but online calls were made to divert police resources to the Tsim Sha Tsui area. On the evening of 18 November, over a hundred demonstrators dressed in dark clothing blocked roads on Chatham Road South, Kimberley Road and Cameron Road, using umbrellas, construction debris and LPG cylinders to manufacture and throw petrol bombs. The police deployed tear gas, water cannon and rubber bullets to disperse the crowd. In the early hours of 19 November, CCTV footage and citizen witnesses recorded people assembling and transporting petrol bomb trolleys, and a series of explosions occurred in the back alleys of Carnarvon Road, Kalan Wui and Hau Fook Street, producing fireballs over one metre high. At about 03:45, the police encircled the area along different routes and stopped multiple demonstrators at the stairwells of 7–7A and 5–6 Hau Fook Street blocks and at the end of Juet Tau Lane, including the four defendants, who were charged with riot under Section 19 of the Public Order Ordinance. After trial, the court found that the unlawful assembly had escalated into a riot, and that the defendants had the intention and actions to participate in and encourage the disruption of public order during the riot, and therefore found them guilty.
According to Section 19 of the Public Order Ordinance, the maximum penalty for the offence of riot is ten years’ imprisonment, and when sentencing, consideration must be given to the defendant’s degree of participation, use of violence and impact on public order.
In this case the demonstrators manufactured and threw petrol bombs and concealed flammable gas canisters in trolleys, repeatedly attacking police lines. The violence escalated and seriously disrupted public order; although the defendants had no prior convictions, their methods were brutal and the consequences severe. They must receive appropriate punishment to deter and warn the public.
The judge considered that the offence of riot is of a grave nature. The participants, emboldened by their numbers, used violence in a manner that seriously threatened public security. He held that heavy sentences are necessary to uphold the rule of law and public order, and to deter similar unlawful acts.
The four defendants were convicted and remain in custody awaiting sentencing. (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 from 17 November 2019, the Hong Kong Polytechnic University was surrounded by police following successive protests, and internet users responded to calls on the evening of 18 November and the early hours of 19 November to divert police resources. Approximately 100 demonstrators blocked roads and threw petrol bombs in the areas of Chatham Road South, Cameron Road and Ho Fuk Street; some individuals pushed a trolley carrying large numbers of incendiary devices in confrontation with the police. After issuing multiple warnings, the police deployed tear gas, water cannons and rubber bullets to disperse the crowd, then swept through alleyways and arrested five defendants at locations including Ho Fuk Street. They were charged and convicted of rioting under Section 19 of Chapter 245 of the Public Order Ordinance.
According to Section 19 of Chapter 245 of the Public Order Ordinance, the maximum penalty for rioting is ten years’ imprisonment, and the District Court may impose up to seven years. The court referred to the twelve sentencing considerations set out in the Court of Appeal’s decision in Leung Tin-kei’s case, emphasising that sentencing must have a deterrent effect to uphold the rule of law and public order.
The defendants repeatedly threw petrol bombs at police cordons at night and in the early hours, and organised joint actions by about 20 to 30 people to disperse police forces, demonstrating premeditation and a high degree of violence. Some defendants were found at the time of arrest to have gloves and items contaminated with highly flammable solvents, proving involvement in the manufacture, transportation and use of incendiaries. Violence against law enforcement officers was an aggravating factor. Only one defendant pleaded guilty on the first day of trial, warranting a sentence reduction. The remaining defendants had no prior convictions and presented letters of support and evidence of good character, which may be considered for mitigation.
To uphold the rule of law and public tranquillity, riotous conduct must be severely punished, particularly attacks targeting law enforcement officers, which cannot be tolerated. Sentencing must reflect a zero-tolerance approach to violent and unlawful disruption of order, and demonstrate the court’s determination to maintain public order.
The defendants were sentenced to the following terms (to be served concurrently): first defendant, 41 months; second defendant, 48 months; third defendant, 37 months; fourth defendant, 41 months; fifth defendant, 48 months. (Translated from Chinese to English by AI)
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