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Written by: Guo Haotian
2021-05-17 14:51
Last update date: 2021-05-17 14:54
Lu Jianmin, a man who participated in the Mong Kok riots in 2016, was sentenced to 7 years in prison for riots in the High Court. Lu refused to accept the ruling and found that his sentence was too heavy. Today (17th) he applied for permission to appeal to the Court of Final Appeal and wanted to commit a joint crime in the riots. Principles, as well as the other defendants in the same case were exonerated. Only Lu was found guilty. However, whether the charge constituted a major injustice to Lu was disputed. After the three judges of the Court of Final Appeal discussed, Lu was allowed to appeal the conviction, but he refused. His application for commutation of sentence is scheduled for hearing on October 5 this year.
The appellant Lu Jianmin (32 years old) was charged with participating in a riot in Mong Kok on the second morning of the Lunar New Year in 2016 and was sentenced to 7 years in prison.
It is reported that Lu expected to be released from prison after serving his sentence in February next year.
In his statement, the lawyer representing Lu pointed out that he hopes that the Court of Final Appeal can clarify the "common purpose" legal view of illegal assembly and riot crimes, and whether the principle of "joint enterprise" is applicable to riot charges. .
In addition, riot crimes only require three or more people to assemble and commit acts that endanger public security, which constitutes a conviction. The threshold is low and arbitrary, or it is suspected of violating the Basic Law.
The lawyer also pointed out that all three defendants in the same case were not guilty of rioting, only Lu was guilty, and the details of the charges did not mention other unknown persons. If only Lu was convicted, it would not meet the element of the charge of "grouping" together. , Constitutes a major injustice, Lu Hui will argue this.
Case Number: FAMC12/2020
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