香港特別行政區 訴 鄭文傑及另二人

香港特別行政區 訴 鄭文傑及另二人

The Court held there was no error in the trial judge's factual findings or application of sentencing law: the asserted mediating conduct by D1 did not amount to a mitigating feature sufficient to reduce culpability in the context of a premeditated, weapon‑assisted, large‑scale riot; the 7‑year baseline for the riot...

Source-derived case information.

Citation
[2026] HKCA 371
Parties
Respondent: 香港特別行政區; Applicant: CHENG MAN KIT (鄭文傑) (D4); Applicant: WONG HO SING (王浩昇) (D2); Applicant: NG WAI TAK (吳偉德) (D1)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 March 2026
Case Number
CACC27/2025
Procedural Posture
Criminal Leave to Appeal Against Sentence / Leave Application and Substantive Appeal Heard by Court of Appeal; Leave Refused and Appeals Dismissed
Outcome
Leave to appeal against sentence refused; appeals dismissed; original sentences upheld
Legal Topics
Riot (暴動), Conspiracy to Wound/assault (串謀傷人), Plea Discount, Concurrency of Sentences, Factual Finding on Mitigation
Source Language
ch
Criminal Law Sentencing Public Order Offences Appellate Review Riot (暴動) Conspiracy to Wound/assault (串謀傷人) Plea Discount Concurrency of Sentences +1 more

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Parties

香港特別行政區

Respondent

CHENG MAN KIT (鄭文傑) (D4)

Applicant

WONG HO SING (王浩昇) (D2)

Applicant

NG WAI TAK (吳偉德) (D1)

Applicant

Procedural Posture

Criminal Leave to Appeal Against Sentence / Leave Application and Substantive Appeal Heard by Court of Appeal; Leave Refused and Appeals Dismissed

  1. 1 Whether the trial judge erred in rejecting D1's claim that he acted as a mediator at the train carriage door
  2. 2 Whether a 7-year sentencing baseline for the riot offence was manifestly excessive for the applicants given their roles and mitigation
  3. 3 Whether the incident should be treated as separate riots/stages for sentencing comparators

Ratio Decidendi

The Court held there was no error in the trial judge's factual findings or application of sentencing law: the asserted mediating conduct by D1 did not amount to a mitigating feature sufficient to reduce culpability in the context of a premeditated, weapon‑assisted, large‑scale riot; the 7‑year baseline for the riot was an appropriate starting point for these offenders; plea discounts and concurrency orders were properly applied; accordingly permission to appeal against sentence was refused and the original sentences were upheld.

Court Disposition

Leave to appeal against sentence refused; appeals dismissed; original sentences upheld

Orders

  • Leave to appeal against sentence refused
  • Appeals dismissed