#WhiteTerror
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 principles of joint enterprise stemming from Elaine To and Henry Tong’s case, where the couple was acquitted of riotting, as the Judge said there was “no direct evidence against the defendants, although they were arrested near the site of clashes between protesters and the police”.

DOJ, however, took a different view. It reasoned that as illegal assembly and rioting activities are taking different forms nowadays, becoming increasingly fluid. Many “participants” of such illegal events do not have to show up physically at the scene, such as acting as sentry, drivers assisting protesters to escape, arms and equipment suppliers, members of material stations, or those responsible for brick-digging blocks away from a clash.

DOJ was reportedly attempting to stretch the interpretation of “joint enterprise” to cover all “indirect participants” of an illegal assembly or rioting, disregarding their presence at the scene.

Some members of legal profession explained, the essence of DOJ’s inquiry lies in alibi: even if a defendant is not present at the scene of an illegal assembly, he/she could still be charged over an illegal assembly or rioting offence, for example, by chanting slogans on the balcony of their home in support of an ongoing rally on the street.

Senior Counsel Hectar Pun confirmed that DOJ has applied to the Court of Appeal under section 81D of the Criminal Procedure Ordinance for the first time since 1997. Pun opined that it is a rare situation and outcome of which could have far-reaching implications for similar cases in the future.

Source: Citizens News #Sept21
#PoliceState #DOJ #JointEnterprise #Injustice

#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger

#CourtOfFInalAppeal #Verdict #JointEnterprise

Sources: Citizen News #Nov4

Read more
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https://t.me/guardiansofhongkong/31388

#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/

#Oppression #PoliceState
Pro-democracy activists Henry Tong and wife left Hong Kong; Managed to overcome bouts of depression

Source: InMediaHK; #Jan18


#WhiteTerror #JointEnterprise #Taiwan #NationalSecurityLaw #PoliceState

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#Oppression #PoliceState
Pro-democracy activists Henry Tong and wife left Hong Kong; Managed to overcome bouts of depression

Henry Tong and his wife Elaine To announced on #Jan17 on their Facebook page that they have left Hong Kong. Due to concerns over the safety of his family and the changing Hong Kong judicial environment, he stated that he “had to physically move away [from Hong Kong]”.

Tong and To (then fiancée) were convicted of rioting in a protest in Sheung Wan on 28 July 2019 (known as the “728 case”) and were later cleared of all charges.

Initially Tong thought the transition should be relatively straightforward, but in reality “it isn’t easy to leave a place where you grew up”. “We have done nothing wrong. Poor governance and policies in the past 20 odd years have turned our lives upside down. In the end it is us who have to go. Why?” He could not help asking himself, in tears with his wife on the plane flying out.

Tong shared his experience of depression after arrival in the first two months. The pain of separation [from his loved ones in Hong Kong] was so raw that he even had suicidal thoughts.

Thanks to the encouragement from his fellow remand prisoners in the 728 case, he managed to overcome this trying time. The group named themselves “turnips” after the worst ever dish they had in custody. Fellow turnips kept reminding him that “the physical distance will not prevent one from pursuing the cause”. Tong said his “primary goals right now are to equip himself and seek opportunities”. He added, regardless of what lies ahead and where he is, his determination will not waver and hope “everyone takes care and we will meet again in Hong Kong”.

See report by HKCNews in Chinese.
https://www.hkcnews.com/article/32370/728%E4%B8%8A%E7%92%B0%E8%A1%9D%E7%AA%81-%E6%9A%B4%E5%8B%95-%E8%B5%B4%E6%B9%AF%E6%9D%9C%E7%81%AB-32392/%E6%9A%B4%E5%8B%95

He posted a photo of him holding a yellow umbrella at Liberty Square in Taipei. He added two lines of text in the photo, showing “wishing everyone a life that is free and equal” and “looking forward to meeting again in Hong Kong”.

In addition, he stated, “afterall, I will stay true to what I believe regardless of what will happen and where I am”.

Henry Tong and his wife used to be fitness coaches and operated a gym together. They closed the gym following Hong Kong’s LeaveHomeSafe app was mandated on 18 February 2021 due to privacy concerns. They also stopped coaching due to suspicious people lurking around where they worked.

See Henry Tong's announcement in Chinese on Facebook.
https://www.facebook.com/Futongtofor/posts/640198240737765

Source: InMediaHK; #Jan18
https://www.inmediahk.net/node/%E7%A4%BE%E9%81%8B/%E8%B5%B4%E6%B9%AF%E6%9D%9C%E7%81%AB%E9%9B%A2%E6%B8%AF-%E6%B9%AF%E5%81%89%E9%9B%84

#WhiteTerror #JointEnterprise #Taiwan #NationalSecurityLaw #PoliceState

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Related News

"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
https://t.me/guardiansofhongkong/31388

Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns
https://t.me/guardiansofhongkong/25566
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