Top Hong Kong court rules against government bid to expand riot prosecutions

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Top Hong Kong court rules against government bid to expand riot prosecutions
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Hong Kong's top court 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

The five-judge panel in Hong Kong's Court of Final Appeal, headed by Chief Justice Andrew Cheung, unanimously rejected an earlier ruling by a lower appeal court that people, such as supporters, could be criminally liable without being actually present under the common law doctrine of "joint enterprise".

"That does not mean that the government won't try to bring different charges though after going back to the drawing board." Both Chinese and Hong Kong officials said the new security law was vital to stop any future violent movements from exploiting the city's freedoms. In Thursday's judgment, the Court of Final Appeal panel notes the "taking part" is key to both the public order offences of rioting and illegal assembly, and could not be overridden by the joint enterprise doctrine.

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