Hong Kong protests: 5 cleared of rioting, but judge says group will be jailed for breaking anti-mask law
- Police failure to cordon off area where disturbance was taking place means defendants could have been there unwittingly, judge says
- But custodial sentence only possible option for four students and freelance musician who wore face coverings one day after law took effect
But the group were convicted on Wednesday of breaching a law against wearing facial coverings during the incident in Wan Chai on October 6, 2019, a day after the directive took effect.
Deputy District Judge David Ko Wai-hung ordered the five to spend three weeks behind bars ahead of sentencing next month and said the gravity of the protest, which saw 14 petrol bombs thrown at police and two reporters left injured, called for jail time.
“I am not prepared to impose non-custodial sentences,” Ko said. “I cannot take my eyes off the background of the case. It was the second day the mask ban took effect. The riot on that day was serious. So were the acts committed by its participants.”
The District Court trial, conducted at the more spacious West Kowloon Court, heard that up to 1,000 protesters had confronted police in a section of Hennessy Road between Tonnochy Road and Canal Road West starting at 5.12pm. Some protesters set up barricades and burned rubbish on the streets, while others shone laser lights at officers.