46 months’ jail for bomb plot and escape attempt
A former salesman was sentenced to 46 months in jail yesterday for possession of petrol bombs during the 2019 anti-government protests and the organisation of a failed escape by boat to Taiwan as part of a group of 12 fugitives.
District Court Judge Ernest Michael Lin Kam-hung said Tang Kai-yin, 34, had played a leading role in both incidents.
Lin added that although Tang had already served three years behind bars in Shenzhen for his role in the escape attempt, the prison term was not a valid ground to reduce his Hong Kong sentence for perverting the course of justice.
“The judiciary system was different, and the defendant was facing a different charge as well, so the jail term on the mainland is not directly related to this case,” Lin told the court.
“It was self-inflicted and provided no ground to reduce the sentence.”
The court earlier heard that police had seized enough material to make 16 petrol bombs from an Airbnb flat in Wan Chai on September 30, 2019, and arrested Tang and four other people.
Lin said it was organised criminal activity that involved a clear division of labour.
He added that Tang had played a leading role as planner, delegated tasks to others, recruited people and arranged the testing of bombs.
“Although the case only involved 16 petrol bombs, the material could easily be bought from stores,” Lin said.
“That they did not make even more petrol bombs was the result of successful police intelligence work, not because they exercised restraint.
“It could be inferred that the defendants produced petrol bombs intending to create chaos, panic and confront police during protests, so the sentence must carry a deterrent effect.”
Lin set 51 months as the starting point for the sentence for the petrol bomb charge, but reduced it to 34 months because of Tang’s guilty plea.
Four accomplices, including two in the fugitive group, had already been convicted and jailed for 27 to 38 months for their roles in the conspiracy. But others, including the accomplice who rented the flat, remain at large.
The court heard the arrests in connection with the petrol bombs led Tang to plan an escape attempt in December 2019 involving himself and 11 others who also faced charges linked to the protests.
But the attempt failed after the boat was intercepted by the mainland coastguard on August 23, 2020, as it made for Taiwan.
Tang was the last of the 12 to be released by mainland authorities after he pleaded guilty in the Shenzhen court to the organisation of the illegal border crossing bid.
Lin said Tang had also played a leading role in the escape attempt and was involved in buying the boat, planning the route and delegating tasks.
“The defendant had no seafaring experience or licence, and only took an eight-hour theory and practice class,” Lin added.
“But he still pressed ahead with the trip, endangering the life of himself and the others on the boat … posing danger to other vessels at sea as well.”
Lin adopted 18 months as the starting point for sentencing and reduced it to 12 months because Tang had pleaded guilty to the charge.
Another eight people involved in the escape bid were earlier sentenced in a separate court appearance to between 10 and 18 months in jail for perverting the course of justice. But Lin said most other defendants were given lighter sentences due to their young age.
The judge rejected a mitigation plea that Tang committed the offences under the influence of the social atmosphere prevailing during the 2019 protests because he was aged 30 at the time, saying he had sufficient life experience to have known better.
Lin ordered the two sentences to run consecutively for a total jail term of 46 months.
It could be inferred that the defendants produced petrol bombs intending to create chaos JUDGE ERNEST MICHAEL LIN