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The judgment stated that at around 4 pm on 29 September 2019, about 500 protesters dressed in black and wearing masks gathered on Harcourt Road outside the Government Headquarters in Admiralty. They attempted to breach and damage the protective water-filled barriers outside the Government Headquarters, and threw bricks, petrol bombs and other items at the defensive line. Despite multiple warnings with yellow, blue and black flags, they continued their actions. At about 4:48 pm, police suddenly charged out from various exits of the Government Headquarters to disperse the crowd and arrested eleven defendants at locations including the eastbound and westbound lanes of Harcourt Road and adjacent footpaths. The prosecution, through CCTV footage, police eyewitness testimony and the equipment carried by the defendants, alleged that each defendant was present within the riot and had the motive to incite it; the defence questioned that their conduct and attire were indistinguishable from ordinary pedestrians. After reviewing all the evidence, the court found that the defendants were all members of the rioting group and convicted them.
According to Section 19 of the Public Order Ordinance, the offence of rioting is punishable by up to ten years’ imprisonment. The court must consider the nature of the offence, the degree of danger to public order and the individual defendant’s level of participation.
The key factors in this case are the defendants’ full protective attire, the prolonged duration of their participation, their failure to disperse despite repeated warnings, and the fact that the riot continued to escalate, demonstrating that they had abetted and encouraged the rioting. They must be severely punished to achieve a deterrent effect and restore public order.
The judge considered that riots are highly fluid and cannot be clearly demarcated; however, all the defendants were in the core area of the riot and possessed offensive or protective equipment, and were not merely passing by or observing. As genuine participants and facilitators, each case requires careful consideration in sentencing.
On 23 August 2022, the eleven defendants were convicted of rioting, with sentencing adjourned to 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)
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The judgment states that at around 4pm on 29 September 2019, approximately 500 protesters rioted in the area outside the Government Headquarters in Admiralty, occupying the carriageway, hurling debris and petrol bombs at the headquarters, setting fires and damaging protective barriers. Despite multiple police warnings, the riot continued for over 20 minutes before the police launched an assault to disperse the crowd and arrested 11 defendants.
Consideration is given to whether there was premeditation, the number of participants, the degree of violence and use of weapons, the scale and scope, the duration, whether the actions continued after multiple warnings, harm to property and persons, public nuisance and community impact, public expenditure, the defendant’s role, and any other offences.
The riot targeted the Government Headquarters, was large in scale, involved petrol bombs and arson, and required a deterrent response; the defendant was not in a leadership role, had no prior convictions, pleaded guilty with remorse, and had a good young background. The starting point for sentencing was four years’ imprisonment, reduced to three years and six months on the basis of mitigation. The young defendant received a training centre order.
He considered that although the riot was short-lived, the violence had clearly escalated and could have led to more serious consequences without timely police intervention; the defendant was only a participant and showed remorse, so a discretionary reduction in sentence was appropriate.
The judgment states that the fourth and eighth defendants were each committed to a training centre, and the remaining defendants were each sentenced to three years and six months’ imprisonment. (Translated from Chinese to English by AI)
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