The Court of Appeal of Hong Kong on Wednesday dismissed the appeal lodged by local independence activist Edward Leung Tin-kei against his six-year jail term for rioting in 2016, saying the sentence handed down to him by the Court of First Instance was “reasonable” and supported by “sufficient evidence”.
In the written summary of the ruling, the court said sentencing for the offense of rioting “must reflect the law’s determination to maintain public order, and send a clear message to society and the public that the law does not condone breaches of public order by means of violence”
The court also ruled against Lo Kin-man and Wong Ka-kui, who were also convicted of rioting and jailed for the same incident on Feb 8 and 9, 2016. They filed the appeal together with Leung.
In the written summary of the ruling, the court said sentencing for the offense of rioting “must reflect the law’s determination to maintain public order, and send a clear message to society and the public that the law does not condone breaches of public order by means of violence”.
Meanwhile, the court said in a summary that it also took into consideration various factors when sentencing rioting offenders. This included whether the riot was premeditated and the number of participants in the riot and the degree of violence involved. The offenders’ personal beliefs, however, were not a mitigating factor.
The court dismissed the appeals, arguing that the riot in which the trio participated was premeditated, the same view found by the trial judge. Participants in the riots showed a degree of premeditation in committing the crime when they attacked unarmed police officers with serious violence, the court said.
Chief Judge of the High Court of Hong Kong Jeremy Poon Shiu-chor, one of the three judges who presided over the appeal case, further noted that Leung had been present since the riot began and had witnessed how the events unfolded with escalating violence.
According to evidence presented by the prosecution, Leung and his accomplices attacked traffic police officers with wooden sticks. They then took turns, using a bullhorn, to encourage people to charge the police cordon. Masked protesters were then seen tossing bricks at police and setting trash cans on fire. The court also said in the written summary that even if Leung claimed his aim had been to protect local traditions and culture, this could not “lessen his culpability for rioting and unjustified use of serious violence towards a police officer”.
The Mong Kok riot, which began around 9:30 pm on Feb 8, 2016, saw clashes between radicals and the police on Portland Street of Mong Kok.
