Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Saturday, Feb 22, 2025

80 riot cases wait on fight in top court

80 riot cases wait on fight in top court

Arguments over a legal principle that could affect 80 upcoming rioting cases began at the city's top court yesterday.
The court of final appeal listened to arguments on the use of the "joint enterprise" doctrine that allows prosecutors to indict those not physically present at a riot or unlawful assembly with the same charges as actual participants in a hearing yesterday.

The appeal was initiated by Tong Wai-hung, who was among the three defendants who were acquitted of rioting charges in Sheung Wan in July 2019 by the district court.

The court of final appeal also granted leave to appeal to Lo Kin-man, who was sentenced in 2018 to seven years in prison after being convicted of rioting for taking part in the Mong Kok clashes in 2016, so he could argue against the "joint enterprise" doctrine. While the final verdict of the case would not affect the acquittals of Tong's cases, it might affect riot and unlawful assembly cases in the future.

The Department of Justice's Anthony Chau Tin-hang said the "joint enterprise" doctrine in common law should be applicable to all offenses under the common law with no exception, or it might lead to a big legal loophole.

He also said if the principle - that a defendant's presence at the scene is not always necessary for criminal liability under "joint enterprise" - becomes inapplicable, it will be unable to convict those who are involved in the cases.

This is because masterminds, or those who abet riots may not always be present at the scene, and that there have been cases where such people have instead used communications like Telegram, he said.

But senior counsel Gladys Li Chi-hei, who represents Lo, said earlier that if the principle is applicable to the "joint enterprise" doctrine, it would go against the accusations of unlawful assembly, as the prosecution had to prove what kinds of acts the accused had done to disrupt social peace, a point that is relevant to those at the scene.

She also said the prosecution must identify the initial members with a common purpose of committing a breach of the peace in an unlawful assembly, before putting charges for unlawful assembly or riot to avoid abusing the charge against those who were accidentally at the scene and committed violent acts.

Senior counsel Philip Dykes, for Tong, also said that law enforcement would issue warnings before arresting those who have violated the riot offense, indicating that the offense is not applicable to those who are not present at the scene.

No dates have been set for the release of the final ruling.
Newsletter

Related Articles

Hong Kong News
0:00
0:00
Close
It's always the people with the dirty hands pointing their fingers
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Steve Jobs' Son Launches Venture Capital Firm With $200 Million For Cancer Treatments
Google reshuffles Assistant unit, lays off some staffers, to 'supercharge' products with A.I.
End of Viagra? FDA approved a gel against erectile dysfunction
UK sanctions Russians judges over dual British national Kara-Murza's trial
US restricts visa-free travel for Hungarian passport holders because of security concerns
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Political leader from South Africa, Julius Malema, led violent racist chants at a massive rally on Saturday
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
'I am not your servant': IndiGo crew member, passenger get into row over airline meal
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Spanish Citizenship Granted to Iranian chess player who removed hijab
US Senate Republican Mitch McConnell freezes up, leaves press conference
Speaker McCarthy says the United States House of Representatives is getting ready to impeach Joe Biden.
San Francisco car crash
This camera man is a genius
3D ad in front of Burj Khalifa
Next level gaming
BMW driver…
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
×