Hong Kong court denies city government’s attempt to prosecute people for rioting even if they weren’t at the scene
Hong Kong’s top court on Thursday quashed attempts by the city’s government to prosecute people for rioting or illegal assembly even without being present at the scene – a ruling lawyers described as a landmark.
“They’ve effectively raised the bar for the prosecutors – and maybe even stopped a flood of sweeping and hasty charges,” one criminal barrister said. Britain handed Hong Kong back to Chinese sovereignty in 1997 amid guarantees that its social and commercial freedoms – and separate legal system – would be maintained under a “one country/two systems” formula.
While Hong Kong’s Department of Justice did not seek to overturn Tong’s acquittal they won an earlier appeal to show that a person’s presence at a riot or illegal assembly was not necessary for a conviction, under the “joint enterprise” doctrine.
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