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Mong Kok riot
Hong KongLaw and Crime

Waiter, jailed over Mong Kok riot, loses appeal against his conviction and sentence

The High Court refused his ­applications after finding the trial magistrate did not make any material errors in the earlier decision

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Chan Pak-yeung lost his appeal on Wednesday. Photo: Handout
Jasmine Siu
A waiter, jailed for nine months for throwing water bottles and resisting arrest during the Mong Kok riot last year, has failed to overturn his conviction and sentence.

Chan Pak-yeung, 30, waved goodbye to his family and supporters as he was escorted away from the dock to serve his sentence on Wednesday.

The High Court refused his ­applications after finding the trial magistrate did not make any material errors that would jeopardise the safety of the conviction nor impose a manifestly excessive sentence on charges of assaulting and resisting police.

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Madam Justice Judianna Barnes said the court must send a strong message that courts will not tolerate or condone assaults inflicted on police officers in execution of their duties.

“Sentencing must carry a deterrent effect,” she said on Wednesday. “While the magistrate’s starting point of nine months in sentencing was rather severe, the court does not find it manifestly excessive based on the serious circumstances in the present case.”

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The Civic Passion member was the first to be convicted over the violent clashes on Lunar New Year, which began with a hawker control operation going wrong and saw an officer firing warning shots while protesters set fires and hurled bricks at police.
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