Chef with 'clear and active role' at protest hit with 43-month term

Eunice Lam

A 33-year-old chef was sentenced to a prison term of three years and seven months at the district court yesterday for rioting and violating the mask ban during a 2019 protest.

Derek Chan Chun-ling earlier pleaded guilty to both counts of rioting and breaching the mask ban before judge Lily Wong Sze-lai.

In her judgement, Wong said Chan not only remained at the scene after seeing the situation escalate but joined in by picking up bricks and standing on the front lines.

Chan was an "active" participant and "had a clear role" at the time, Wong said, adding his crime was consequently greater than other protesters present who received lighter sentences.

Chan was seen picking up a brick and putting on a gas mask at the Wan Chai protest on October 6, 2019 - one day after authorities passed the emergency ban on facial coverings during public gatherings and processions.

The court was earlier told that protesters not only employed at least 14 Molotov cocktails but also dug up the surface of the roads to throw loose bricks at police officers.

Wong condemned the protesters for injuring officers and several journalists present at the scene.

She went on to say such behavior will not be tolerated, especially since law enforcement officers were targeted.

In mitigation, the defense said Chan had plans to visit Ocean Park with a friend that day but was waylaid in Causeway Bay due to the protest, saying it was only then that Chan decided to join the rally.

Chan was influenced by the heated atmosphere at the time, the defense said, arguing he only acted on impulse and wasn't fully armed.

However, Wong dismissed these claims, saying Chan not only witnessed and assented to the violent acts of other protesters but also picked up bricks and "actively participated in the confrontation" by standing on the front lines.