5 Nov 2025法庭線#7490
理大突圍｜10人暴動判囚上訴得直 獲減刑2至6月 料大部分2026年獲釋
On 18 November 2019, police surrounded Hong Kong Polytechnic University. Eleven people accused of “breaking out” in the area of Cheong Wan Road were charged with rioting and sentenced to between 3 years 10 months and 6 years in prison. All 11 appealed against their sentences. Ten succeeded and had their terms reduced by 2 to 6 months; two of them failed in separate appeals against their convictions.
The appellants argued that the trial judge, Adriana Noelle Tse Ching, had set a starting point of 6 years for sentencing, which was too high. Citing the “Leung Tsz-yeung case”, in which the circumstances were similar, they argued that the starting point should have been 3 years. The judgment rejected this, saying that the protesters in this case confronted police for longer and attacked more aggressively, making the circumstances more serious than in that case. However, it agreed that one of the riot offences concerned only one day of the PolyU incident, and that the starting point should therefore be reduced slightly to 5 and a half years. It also took into account that one of the appellants, who worked as a nurse, took the risk of participating in anti-epidemic efforts in 2020, and exercised discretion to reduce the sentence by 2 months.
According to statistics compiled by The Witness, assuming that all 11 behave well in prison and receive the full one-third remission, two are expected to be released this year, seven next year, and the remaining two in 2028.
2019 年 11 月 18 日，警方圍堵理工大學，11 人被指在暢運道一帶「突圍而出」、被控暴動，判囚 3 年 10 月至 6 年。11 人就刑期提上訴，當中 10 人上訴得直，獲減刑 2 至 6 個月；其中兩人就定罪提上訴則失敗。
上訴方爭議，原審法官謝沈智慧以 6 年為量刑起點屬過高，參考背景相同的「梁子揚案」，應以 3 年為起點。判詞反駁，本案示威者與警方對峙時間更長、攻擊更激進，情節較該案嚴重。惟同意其中一項暴動罪，只針對理大事件其中一日，量刑起點應略為下調至 5 年半，另考慮其中一名任職護士的上訴人，於 2020 年冒險參與抗疫，酌情減刑 2 個月。
據《法庭線》統計，假設案中 11 人在獄中行為良好，獲全數三分一減刑，預料兩人於今年內獲釋，7 人明年獲釋，其餘兩人則於 2028 年獲釋。
5 Sept 2025法庭線#7263
理大衝突｜服刑完畢鄭錦滿暴動上訴得直 上訴庭指原審准控方加控暴動屬犯錯
During the PolyU clashes in November 2019, eight people were accused of assisting protesters in escaping PolyU through drainage channels and leaving in “parent cars” sent to pick them up. Five of them pleaded not guilty and stood trial. Former Civic Passion member Cheng Kam-mun was convicted of rioting and sentenced to three years and eight months in prison, while the other four were convicted of intending to obstruct the course of justice and sentenced to between 12 and 13 months’ imprisonment. The five convicted defendants appealed against their convictions. The Court of Appeal of the High Court handed down its judgment on Friday (the 5th), allowing Cheng Kam-mun’s riot appeal and quashing his conviction and sentence.
2019 年 11 月理大衝突，8 人被指協助爬渠逃出理大的示威者離開，並駕「家長車」接應，當中 5 人不認罪受審；前熱血公民成員鄭錦滿被裁定暴動罪成，判囚 3 年 8 個月；另外 4 人則被裁定意圖妨礙司法公正罪成，判監 12 至 13 個月。5 名罪成被告不服定罪提上訴，高等法院上訴庭周五（5 日）頒判詞，當中裁定鄭錦滿暴動上訴得直，撤銷定罪及判刑。
判詞提到，原審區院暫委法官鄭念慈容許控方對鄭在意圖妨礙司法公正之外再加控暴動屬犯錯，形容是一個「遲來得可以的舉動」，使鄭被「兩面包抄」，又指控方修訂後的，是「全方位無死角」的控罪書。
鄭錦滿已刑滿出獄。據《法庭線》統計，鄭為反修例相關案件中，第二名被指為示威者，而就暴動罪上訴得直的被告。至於其餘 4 人意圖妨礙司法公正罪的上訴則被駁回，維持原判。
16 Jul 2025法庭線#7049
兩暴動案6人申上訴許可 終院拒批指沒合理給予上訴許可的理由
The Court of Final Appeal Appeal Committee on Wednesday (16th) rejected applications for leave to appeal by six defendants in two 2019 riot cases, saying there were no reasonable grounds for granting leave to appeal in either case.
The first application involved five people charged with participating in a riot outside the Central Government Offices during the “Global Anti-Totalitarianism March” on September 29. One was convicted after trial, while the other four, including a doctor, pleaded guilty. When they earlier appealed against their convictions and sentences, they argued that the incident had been divided into four cases, but that the sentencing starting point in their case was the heaviest at 64 months—16 months more than the lightest starting point of 48 months in another case—and that the Court of Appeal should intervene. The Court of Appeal ultimately reduced one sentence by three months and dismissed the other appeals.
The other application involved a female law student accused of participating in a riot during a march on Hong Kong Island on August 31. She was acquitted after trial and awarded costs. The Department of Justice subsequently won an appeal, and the case was remitted for reconsideration by the trial court. The student applied to the Court of Appeal for a certificate to appeal to the Court of Final Appeal, but the application was refused. Her case will be mentioned again at the District Court next Tuesday (22nd).
終院上訴委員會周三（16 日）駁回兩宗 2019 年暴動案件、共 6 名被告的上訴許可申請，指兩案皆沒有合理給予上訴許可的理由。
首宗申請涉 5 人，他們被控 9 月 29 日「全球反極權遊行」時，在金鐘政總外參與暴動，當中一人審後罪成，另 4 人包括一名醫生認罪。他們早前分別就定罪及刑期上訴時，爭議事件被拆成 4 案，惟本案量刑起點最重、達 64 個月，較另案最輕的起點 48 個月多出 16 個月，認為上訴庭應干預，上訴庭最後裁定一人獲減刑 3 個月，其餘均被駁回。
另一宗申請涉一名法律系女學生，被指 8 月 31 日港島區遊行時參與暴動，審後無罪兼獲裁訟費，其後律政司上訴得直，發還原審重新考慮。女學生就該決定，向上訴庭申請上訴至終院證明書被拒。她的案件將在下周二（22 日）在區域法院再次提訊。
15 Jul 2025法庭線#7045
721白衣人案｜英龍圍暴動等罪成 鄧嘉民提上訴 上訴庭10月中處理
The Yuen Long 721 incident will soon reach its sixth anniversary. Tang Ka-man, a “white-clad man” who was convicted after trial of rioting and other charges and sentenced to 4 years and 1 month in prison, has appealed against his conviction. The Judiciary’s website shows that the Court of Appeal will deal with his application for leave to appeal on 15 October. The hearing is expected to last 150 minutes, while the judges handling it have yet to be announced.
According to statistics compiled by The Witness, all six court cases arising from the 721 incident have concluded, with 21 people convicted in total. Thirteen were white-clad men, who were sentenced to between 3½ and 7 years in prison; eight were not white-clad men, and were sentenced to between 2 years and 1 month and 3 years and 1 month. Among them, former Legislative Council member Lam Cheuk-ting and white-clad man Stanley Ying Kit Wong had the same sentencing starting point of 3½ years.
元朗 721 事件快將六周年。經審訊後被裁定暴動等罪成、判囚 4 年 1 個月的「白衣人」鄧嘉民，不服定罪提出上訴。司法機構網頁顯示，上訴庭將在 10 月 15 日，處理他的上訴許可申請，料需時 150 分鐘，負責的法官有待公布。
據《法庭線》統計，721 事件的 6 宗法庭案件已全數審結，共 21 人罪成。白衣人佔 13 人，被判囚 3 年半至 7 年；非白衣人佔 8 人，被判囚 2 年 1 個月至 3 年 1 個月。當中，前立法會議員林卓廷與白衣人黃英傑的量刑起點同為 3 年半。
4 Jul 2025法庭線#6994
11.12中環｜暴動罪成女子上訴失敗 再向終院申請上訴許可
At a “lunch with you” gathering in Central on November 12, 2019, 28 people were charged with rioting. One woman, who was convicted after trial and sentenced to three years and three months’ imprisonment, lodged an appeal against her conviction, which was dismissed by the Court of Appeal in April this year. The Court of Final Appeal’s website shows that she has applied for leave to bring a final appeal; a hearing has not yet been scheduled.
2019 年 11 月 12 日中環「和你 lunch」，28 人被控暴動，其中一名經審訊後罪成、判囚 3 年 3 個月的女子，提出定罪上訴，今年 4 月被上訴庭駁回。終審法院網頁顯示，她已提出終極上訴許可申請，暫未排期聆訊。
4 Jul 2025法庭線#6996
11.18油麻地｜5人暴動罪成囚5年、提上訴被駁回 上訴庭：疊加效應下定罪無不妥
In November 2019, police surrounded protesters inside Polytechnic University. A total of 213 people were charged with rioting in connection with the “besieging Wei to rescue Zhao” incident in Yau Ma Tei. Five were convicted after trial and sentenced to five years’ imprisonment. They appealed against their convictions and sentences, but the Court of Appeal dismissed the appeals immediately in May this year and refused leave to appeal.
In its judgment handed down on Friday (the 4th), the Court of Appeal said that although there was no evidence proving the circumstances of some defendants before their arrests, the trial court “was absolutely entitled to rely on the cumulative effect of the overall evidence before it to draw an inference of guilt, and there was nothing improper about the convictions”. The court did not need to envisage various possible scenarios that could have resulted in acquittals for defendants who did not testify.
The judgment also said that factors such as youth had limited mitigating effect in the face of serious offences. The trial court had declined to exercise its discretion to reduce the sentences, and the Court of Appeal should not interfere.
2019 年 11 月，警方圍堵理工大學內的示威者，213 人涉在油麻地「圍魏救趙」被控暴動。其中 5 人經審訊後定罪，判囚 5 年，提出定罪及判刑上訴，今年 5 月被上訴庭即日駁回，拒批上訴許可。
上訴庭周五（4 日）頒判詞指，雖然部分被告沒證據證明他們被捕前的情況，但原審「絕對有權依賴其席前整體證據的疊加效應，作出有罪推論，定罪並無不妥」，而法庭沒必要為沒出庭作供的被告，構想各種可能脱罪的情況。
判詞又指，年輕等因素在嚴重罪行前，能起的求情作用有限，原審不予酌情權減刑，上訴庭不宜干預。
25 Jun 2025法庭線#6951
10.6灣仔｜5人暴動無罪發還原審 3人認罪2人重啟案情判罪成 判監2年至3年2周
On October 6, 2019, the day after the Prohibition on Face Covering Regulation took effect, netizens launched an “Anti-Authoritarian, Anti-Emergency Regulations Ordinance March”. Five people, including a boy who was 15 at the time of the incident, were charged with rioting and acquitted after trial. The Court of Appeal allowed the Department of Justice’s appeal, quashed the acquittals and remitted the cases to the trial court for reconsideration. Two defendants reopened their cases and were convicted after trial. They were taken to the District Court on Wednesday (the 25th) for sentencing together with three others who had earlier pleaded guilty.
Acting Judge Ko Wai-hung said the damage caused by the riot was “far from minor”. Using 42 months as the starting point, he reduced the sentences by three months because three and a half years had passed since the defendants were acquitted, during which they had rehabilitated themselves, and because the wait had caused a degree of anxiety. After deducting the terms they had already served for offences under the Prohibition on Face Covering Regulation at the original trial, the defendants who pleaded guilty were sentenced to between two years and two years and two months in prison. The two defendants convicted after their cases were reopened were sentenced to two and a half years and three years and two weeks, respectively.
2019 年 10 月 6 日，《禁蒙面法》生效後翌日，網民發起「反極權反緊急法大遊行」，5 人包括一名案發時 15 歲男生被控暴動，經審訊後獲裁罪名不成立。上訴庭裁定律政司上訴得直，撤銷無罪裁決，發還原審重新考慮。兩名被告重開辯方案情，經審訊後被判罪成，與早前認罪的 3 人一併押至周三（25 日）在區域法院判刑。
暫委法官高偉雄指，暴動造成的破壞「絕非輕微」，以 42 個月為量刑起點，因應被告獲判無罪至今 3 年半，期間已有更生，等候亦帶來一定焦慮，減刑 3 個月，並基於被告在原審時，已因禁蒙面法罪服刑，扣減該刑期後，判認罪被告各囚 2 年 2 星期至 2 年 2 個月；重啟案情後罪成的兩人則分別判囚 2 年半及 3 年 2 星期。
9 Jun 2025法庭線#6883
10.6灣仔｜兩男暴動無罪發還、罪成候判 1被告曾任李予信助理、李到場旁聽眼通紅
On 6 October 2019, the day after the anti-mask law took effect, netizens organised the “Rally Against Authoritarianism and the Emergency Law”. Five people, including a boy who was 15 at the time of the incident, were charged with rioting and were found not guilty after trial. The Court of Appeal allowed the Department of Justice’s appeal, quashed the acquittals and remitted the case for reconsideration by the trial court. The two defendants reopened their defence cases and gave evidence. On Monday (9th), the District Court found them guilty. They were remanded until the 25th of this month for sentencing together with three others who had pleaded guilty earlier.
The defendant, now 31, was formerly an assistant to Yue Shun Lee. He raised a thumb towards the public gallery, while Yue Shun Lee also attended the hearing and waved to him. Lee left the court with reddened eyes. Acting Judge Ko Wai-hung rejected the two men’s respective claims that they had gone to buy a birthday present for the defendant’s mother and that they had overslept while travelling by vehicle, criticising the evidence as contrary to common sense and difficult to believe.
The judge said that although he did not accept a police officer’s evidence that he had seen the boy throw a petrol bomb, he found that the boy and the other defendant had remained at the scene. The only and irresistible inference was that they had bolstered the crowd’s presence and encouraged and supported the other rioters.
2019 年 10 月 6 日，《禁蒙面法》生效後翌日，網民發起「反極權反緊急法大遊行」，5 人包括一名案發時 15 歲男生被控暴動，經審訊後獲裁罪名不成立。上訴庭裁定律政司上訴得直，撤銷無罪裁決，發還原審重新考慮。兩名被告重開辯方案情、出庭作供，周一（9 日）在區域法院被裁定罪成，與早前認罪的 3 人一併押至本月 25 日判刑。
現年 31 歲的被告曾任李予信的助理，他向旁聽席高舉拇指，李予信亦有到場旁聽，向對方揮手。李離開法院時雙眼通紅。暫委法官高偉雄拒絕接納兩人分別供稱，到場購母親生日禮物及乘車睡過頭，批評供詞不符常理、難以相信。
官指，雖然不接納警員稱目睹男生投擲汽油彈，但認為他與另一被告逗留現場，唯一及無可抗拒的推論，是壯大人群聲勢，鼓勵、支持其他暴動者。
4 Jun 2025法庭線#6869
7.1立會暴動案｜王宗堯、孫曉嵐等9人提上訴 排期12.16聆訊
In the July 1 Legislative Council riot case, four people, including Wong Chung-yiu, were convicted of rioting after trial, while eight others in the same case pleaded guilty before the trial began. The 12 defendants were sentenced to between four years and seven months and six years and 10 months in prison. Wong Chung-yiu, former president of the HKU Students’ Union Hiu Laam Suen and seven others subsequently filed appeals.
七一立法會暴動案，王宗堯等 4 人審訊後被裁定暴動罪成，同案 8 人則於開審前承認暴動罪，12 人分別判囚 4 年 7 個月至 6 年 10 個月。王宗堯、港大學生會前會長孫曉嵐等 9 人先後提上訴。
司法機構網頁顯示，上訴庭將於 12 月 16 日開庭處理定罪和刑罰上訴許可申請，預料需時兩天。
22 May 2025法庭線#6818
11.18油麻地｜5人暴動罪成囚5年 上訴指原審沒考慮更生、年輕 上訴庭即日駁回
In November 2019, police surrounded protesters inside the Polytechnic University. A total of 213 people were charged with rioting in connection with the “rescue Wei from Zhao” operation in Yau Ma Tei. Five were convicted after trial and sentenced to five years’ imprisonment. They appealed against both their convictions and sentences, but the Court of Appeal dismissed the appeals on Thursday (22nd) on the same day. It will hand down its judgment within six months.
The appellants argued that the trial court had failed to consider their rehabilitation during the period when they were awaiting the verdict, including attending church. A judge questioned: “On the one hand, you insist on pleading not guilty, and on the other hand you say you’re undergoing rehabilitation—isn’t that meaningless?” The judge also said sentencing involved a range of factors: “It’s not simply a matter of praying, going to church and doing volunteer work.”
The appellants also argued that the trial court had failed to apply a reduction for youth. The judge said rioting was a serious offence: “Naturally, there is a reason not to grant [a reduction]. Granting one means that the guilty plea [and youth] may support the view that the person acted on an impulse; it is an additional discretionary reduction. The two are not contradictory at all.”
2019 年 11 月，警方圍堵理工大學內的示威者，213 人涉在油麻地「圍魏救趙」被控暴動。其中 5 人經審訊後定罪、判囚 5 年，提出定罪及判刑上訴，上訴庭周四（22 日）即日駁回，將於 6 個月內頒布判詞。
上訴方指，原審判刑沒考慮，被告等候裁決期間上教會等更生情況，官質疑「一邊堅持唔認罪，一邊又話我更生緊，冇意思㗎？」又指判刑有一籃子因素考慮，「唔係祈吓禱、去吓教堂、做吓義工」。
上訴方另指原審沒就年輕減刑。官指暴動罪嚴重，「唔畀（減刑）自然係道理，畀係認罪（及年輕）有可能支持到佢一時衝動，係額外酌情、扣減，兩者冇任何矛盾」。
Translations are supplied by the source workbook. Consult the original reporting for context.
