A Hong Kong man has been sentenced to two years and nine months in jail for rioting in a case relating to the Yuen Long attack in 2019, marking the first sentence for someone not involved in the attack on train passengers and protesters that night.

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Protesters gather at Yuen Long MTR station on July 27, 2019, one week after the Yuen Long mob Attack. File Photo: Holmes Chan/HKFP.

Jacky Ho, a 43-year-old accountant, was found guilty of a rioting offence last Friday. The case marked the first time that someone not part of the white-shirt group involved in the initial attacks was convicted of rioting.

On July 21, 2019, over 100 rod-wielding men stormed Yuen Long MTR station leaving 45 people injured – including journalists, protesters, commuters and pro-democracy lawmaker Lam Cheuk-ting. Police were criticised for responding slowly to the incident, with some officers seen leaving the scene or interacting with the white-clad men. The official account of the incident evolved over a year, with the authorities eventually claiming it was a “gang fight.”

During the trial, Ho told the District Court that he went to the Yuen Long MTR station at midnight on July 22, 2019 “out of curiosity” after seeing livestreamed videos of people wearing white attacking passengers. When he arrived, he turned to violence out of self-defence, he said.

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A protest in Yuen Long after the mob attacks during the 2019 unrest. Photo: Christopher Cheng/United Social Press.

But judge Clement Lee said a group of “black-clad” people, which video footage showed Ho among, was also taking part in the riot around midnight in the station and in Ying Lung Wai, an area in Yuen Long where some “white-clad” men had retreated to after the attack.

During the protests and unrest that rocked Hong Kong in 2019, black clothing became associated with the protesters. According to the video footage, Ho was wearing a deep grey shirt.

“The white-clad were acting to ‘defend their villages,’ whilst the black-clad were seeking ‘revenge’ for those attacked earlier,” Lee said in Cantonese. “Both sides were clearly antagonistic and were returning violence with violence.”

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District Court. File photo: GovHK.

The judge said the black-clad people should not have taken part in an illegal assembly, despite the earlier attack.

“[They] opted for an eye for an eye, and by doing so they had lost their moral high ground,” Lee added.

Ho has been in custody since being found guilty.

‘Resorted to violence’

On Wednesday morning, judge Lee said before sentencing that more responsibility lay with the “white-clad” group than the “non-white clad” during the mob attack, adding that the “white-clad” group showed a higher degree of violence and that their involvement was premeditated, Ming Pao reported.

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“White-clad” men during the Yuen Long Mob attack at the height of the 2019 protests and unrest. Photo: Screenshot via 721 An Unresolved Case.

Lee said while both sides “resorted to violence”, the court shall review the act of the defendants rationally.

“Some might say that [as] a ‘white-clad’ man was sentenced to six years, then a ‘non-white clad’ person should be sentenced to six to seven years. But we should encourage rational thinking and contextualise the case to handle sentencing, ” Lee said in Cantonese.

By July 2023, eight among the “white-clad” group had been convicted of rioting over their involvement in the Yuen Long mob attack. The eight men were handed jail sentences between three years and six months to seven years in jail.

The attacks were seen as a turning point in the 2019 protests and unrest, with police accused of delaying their response and siding with the “white-clad” group.

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Irene Chan is a reporter at Hong Kong Free Press and has an interest in covering political and social change. She previously worked at Initium Media as chief editor for Hong Kong news and was a community organiser at the Society for Community Organisation serving the underprivileged. She has a bachelor’s degree in Journalism from Fudan University and a master’s degree in social work from the Chinese University of Hong Kong.

Irene is the recipient of two Society of Publishers in Asia (SOPA) awards and three honourable mentions for her investigative, feature and video reporting. She also received a Human Rights Press Award for multimedia reporting and an honourable mention for feature writing.