#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
Hong Kong's Court of Final Appeal handed down a landmark verdict on November 4, 2021, ruling that people not physically present at a riot or unlawful assembly cannot be charged under the common law doctrine of "joint enterprise".
This ruling had far-reaching implications, as the government had charged large numbers of protesters in the Anti-ELAB Movement with these two offenses.
In September 2020, the Department of Justice (#DoJ) submitted an appeal to seek clarification on the principle of joint enterprise stemming from #ElaineTo and #HenryTong’s case, where the couple was acquitted of rioting.
See also: Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns (Sept 28, 2020)
https://t.me/guardiansofhongkong/25567
If the principle were applicable, then supporters in roles such as sentries, drivers, and being in charge of supplies may become at risk to being found guilty for rioting as secondary offenders, even though they were physically far from the scene of the riot. The verdict ruled otherwise. However, the Court of Final Appeal also emphasized that those who “promote or act in furtherance” of an illegal assembly or riot may still be liable to face charges if they committed "secondary and inchoate liability offences", whether they were present or not.
Henry Tong, one of the two pro-democracy activists who submitted the appeal, said that the verdict was reasonable, and he was satisfied with the results. He noted that the successful appeal merely restores the law to what it was before the DoJ had tried to "make illegal changes" to it.
He admitted that he had been very nervous in the few days leading up to the verdict and had trouble sleeping, and is now quite tired. However, he was glad that today brought some positive energy to friends in these difficult times.
It had been more than a year since the DoJ made its appeal, and he had now finished what he could do, he said. However, he noted that the broader situation of Hong Kong is still changing. "It feels terrible to watch my hometown fall apart," he said.
He took a more positive tone in his Facebook post about the verdict, however, exhorting Hongkongers to keep on: "If we can restore what had gone bad in the areas in the reach of each of us, then Hong Kong has a chance to be restored."
#CourtOfFInalAppeal #Verdict #JointEnterprise
Sources:
- Citizen News #Nov4
https://bit.ly/3q5ldMF
- Court of Final Appeal Press Release (Chinese):
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/FACC000006_2021_files/FACC000006_2021CS.docx
- Henry Tong's Facebook
https://www.facebook.com/108379573919637/posts/594304725327117/
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
Hong Kong's Court of Final Appeal handed down a landmark verdict on November 4, 2021, ruling that people not physically present at a riot or unlawful assembly cannot be charged under the common law doctrine of "joint enterprise".
This ruling had far-reaching implications, as the government had charged large numbers of protesters in the Anti-ELAB Movement with these two offenses.
In September 2020, the Department of Justice (#DoJ) submitted an appeal to seek clarification on the principle of joint enterprise stemming from #ElaineTo and #HenryTong’s case, where the couple was acquitted of rioting.
See also: Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns (Sept 28, 2020)
https://t.me/guardiansofhongkong/25567
If the principle were applicable, then supporters in roles such as sentries, drivers, and being in charge of supplies may become at risk to being found guilty for rioting as secondary offenders, even though they were physically far from the scene of the riot. The verdict ruled otherwise. However, the Court of Final Appeal also emphasized that those who “promote or act in furtherance” of an illegal assembly or riot may still be liable to face charges if they committed "secondary and inchoate liability offences", whether they were present or not.
Henry Tong, one of the two pro-democracy activists who submitted the appeal, said that the verdict was reasonable, and he was satisfied with the results. He noted that the successful appeal merely restores the law to what it was before the DoJ had tried to "make illegal changes" to it.
He admitted that he had been very nervous in the few days leading up to the verdict and had trouble sleeping, and is now quite tired. However, he was glad that today brought some positive energy to friends in these difficult times.
It had been more than a year since the DoJ made its appeal, and he had now finished what he could do, he said. However, he noted that the broader situation of Hong Kong is still changing. "It feels terrible to watch my hometown fall apart," he said.
He took a more positive tone in his Facebook post about the verdict, however, exhorting Hongkongers to keep on: "If we can restore what had gone bad in the areas in the reach of each of us, then Hong Kong has a chance to be restored."
#CourtOfFInalAppeal #Verdict #JointEnterprise
Sources:
- Citizen News #Nov4
https://bit.ly/3q5ldMF
- Court of Final Appeal Press Release (Chinese):
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/FACC000006_2021_files/FACC000006_2021CS.docx
- Henry Tong's Facebook
https://www.facebook.com/108379573919637/posts/594304725327117/
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Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns
Citing Section 81D of the Criminal Procedure Ordinance, the Hong Kong's Department of Justice (DOJ) sought clarification from the Court of Appeal on the…
Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns
Citing Section 81D of the Criminal Procedure Ordinance, the Hong Kong's Department of Justice (DOJ) sought clarification from the Court of Appeal on the…