Hong Kong protests: four jailed for up to 56 months over National Day riot, judge says non-violent participants at scene share culpability
- More than 200 protesters had confronted police at junction of Tai Ho Road and Hoi Pa Street on October 1, 2019, in clash termed by judge as ‘mini-war’
- Sentences were premised on principle of ‘joint enterprise’, a doctrine capable of indicting a wide range of suspects in a riot or unlawful assembly
Janitor Chan Hang, 40, was slapped with the heaviest sentence after he was caught on camera hurling objects at police and burning a banner on the street during the unrest in Tsuen Wan on October 1 that year.
The remaining three – kitchen worker Chan Kam-kwok, 21, programmer Lee Chun-man, 27, and social work assistant Kwok Siu-kam, 24 – were also given jail sentences despite a lack of evidence showing they had committed any violent acts.
The sentences were premised on the legal principle of “joint enterprise”, which was recently upheld by the Court of Appeal as a doctrine capable of indicting a wide range of suspects in a riot or unlawful assembly, Judge Ernest Michael Lin Kam-hung ruled in Wednesday’s hearing at the District Court.
Lin jailed Chan and Lee for 51 months in consideration of their clear criminal records and the fact they had agreed with most of the prosecution’s case during the trial in March.