Man Jailed Over 2019 Riot, Three Others Acquitted

The District Court on Tuesday acquitted three men of rioting in Mong Kok two years ago, but sentenced another man to four years in prison after finding him guilty.

The court heard that more than a hundred protesters started a riot in the early morning of November 18, 2019 on Jordan Road, blocking streets and hurling objects including petrol bombs and bricks towards the police.

When officers charged at protesters at the intersection of Nathan Road and Argyle Street, around 10 people went down a side road.

Soon afterwards, police found Loo Jun-kun, Wong San-man and Cheng Shun-tat in the side road. Half an hour later, officers also spotted Lin Yun-faat hiding behind a pillar.

Prosecutors said the four men were among those who had gone into the side road after taking part in the riot.

But judge Josiah Lam said the prosecution failed to prove that Loo and Wong took part in the riot, and he accepted Cheng's testimony that he had just been walking past the area on his way to a massage parlour after dining and drinking with friends.

But the court found Lin, 31, guilty of rioting, noting he had been wearing a helmet, a mask, and gloves at the time.

The judge said even though there was no evidence to suggest Lin had committed acts breaching the peace, he had encouraged and supported the other rioters.

Lin was also found guilty of breaching the mask ban by covering his face at an unlawful assembly.

In mitigation, Lin’s lawyer said his client did not have a leading role in the riot and he did not carry an offensive weapon. The lawyer also urged the court not to hand down a stiffer penalty because of his client’s criminal record.

Lin had been sentenced to three years in prison for taking part in the 2016 Mong Kong riot, and completed his jail term in March 2019.

In sentencing, the judge said he had taken into account factors including the scale of the riot, the harm it had done to society, and the defendant’s role in it.

He said he did not consider Lin’s criminal background as an aggravating factor, but couldn’t find any reason to reduce his sentence.

As well as the four years in prison for rioting, Lin was given six months for breaching the face mask ban, with the two sentences to be served concurrently.