Hong Kong court rules 'joint enterprise' doctrine can be used in cases of riot and unlawful assembly

Defendants who come before the courts in Hong Kong facing rioting and unlawful assembly charges may still be convicted – even if they wer...


Defendants who come before the courts in Hong Kong facing rioting and unlawful assembly charges may still be convicted – even if they were not present at the scene of protest.

The Court of Appeal on Thursday upheld the right of the Department of Justice (DoJ) to apply the common law doctrine of “joint enterprise” when prosecuting suspects accused of the two offences. It also ruled that a defendant’s physical presence was “not always necessary” for them to be held criminally liable.

A photo of frontline protesters taken at a protest on August 24, 2020. Photo: Studio Incendo.

Delivering the ruling, Chief Judge of the High Court Jeremy Poon, Vice-President of the Court of Appeal Andrew Macrae and Judge Anthea Pang said the application of such a legal principle would serve the public interest of maintaining public order.

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Newsrust - US Top News: Hong Kong court rules 'joint enterprise' doctrine can be used in cases of riot and unlawful assembly
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