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The judgment states that the defendants, on 29 September 2019, outside the Central Government Complex in Admiralty, participated in a riot that developed from an unlawful assembly. The defendants claimed they were merely passing by the scene to view an art exhibition or to conduct field recordings, or that they were carrying medical supplies and equipment, asserting they had no protest-related purpose; however, they entered a public toilet amid tear gas, recorded at close range during the sound of shattering glass, and struggled when arrested during police dispersal operations. Considering CCTV footage, police videos and witness testimony, the court found that all three supported and encouraged violent conduct during the riot. The first count of rioting was upheld, while the assault on police charge was not upheld.
In accordance with section 160 of the Crimes Ordinance (riot offence) and the relevant precedents of the Court of Final Appeal.
The defendants openly participated in and supported serious violent actions, undermining public order and bolstering the rioters’ momentum. Given the severity of the circumstances, a heavy sentence is warranted; the assault on police charge was not upheld due to insufficient evidence.
The judge considers that the riot in this case resembled a battleground at the heart of the city, marked by high levels of destruction and organisation. Claims of merely passing by or conducting an artistic field study are untenable, and severe punishment is necessary as a deterrent.
All three defendants were convicted of the riot offence, the assault on police charge was not upheld, and sentencing was 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 since June 2019, there have been large-scale illegal demonstrations and riots. On 29 September 2019, approximately 20,000 people marched from Causeway Bay to outside the Government Headquarters in Admiralty. About 500 protestors occupied the intersection of Harcourt Road and Tim Wa Avenue, set up an umbrella barricade, blocked the roads, and threw petrol bombs, bricks, and other hard objects at the Government Headquarters and police officers, triggering intense clashes. The police issued multiple warnings to disperse and against unlawful assembly, and fired tear gas and water cannon to disperse the protestors. Six defendants participated in the riot on site and were arrested, and all were convicted of rioting.
For rioting, the maximum penalty is ten years’ imprisonment. There is no dedicated guideline. The Court of Appeal case law lists twelve factors to consider, including the scale of the riot, number of participants, degree of violence, duration, level of threat, impact on the community, and the role of the defendant.
The court based the sentencing on each defendant’s position in the riot, the equipment they had, and whether they pleaded guilty early. It also took into account age, mental health conditions, remorse, and societal impact. The starting point for sentences was four years or more, with reductions applied at the court’s discretion for guilty pleas and mitigating factors.
The court viewed this case as a social tragedy. The defendants were lost in the crowd atmosphere, reduced to a defiant ‘sheep herd’, while the behind-the-scenes ‘ringleaders’ remain at large. The rioters’ assault on the symbolic significance of the Government Headquarters and the paralysis of key transport routes exacerbated social division. A punitive and deterrent sentence is required in response.
The youngest defendant was sent to a reformatory school on the recommendation of reports from the juvenile training centre and re-education centre due to his age. Of the other five defendants, one was sentenced to 30 months’ imprisonment, and the remaining four were each sentenced to 36 months’ imprisonment. (Translated from Chinese to English by AI)
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