Lo Kin-man was sentenced in 2018 to seven years in prison by the High Court. He received the longest sentence of all those convicted over the disturbances on the night of February 8, 2016.
At a hearing at the Court of Final Appeal, Lo’s lawyer, Senior Counsel Gladys Li argued that the fact that Lo was the only one of four co-defendants accused of rioting in Portland Street to be found guilty may have constituted an injustice.
Li also argued that the court should review the issue of whether someone can be found guilty of rioting without clear proof of them sharing a “common purpose” with others taking part in a riot.
Lawrence Lok, another senior counsel representing Lo, argued that his client’s sentence was too heavy compared with those for others convicted of rioting. Lok said the top court should hand down sentencing guidelines for the offence, being as more rioting cases are coming up.
A three-judge panel consisting of justices Roberto Ribeiro, Joseph Fok and Frank Stock rejected Lo’s application for leave to appeal against his sentence, but said the court would hear a challenge to his conviction on October 5.
Last year, the Court of Appeal rejected Lo’s bid for an appeal.