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

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Top Hong Kong court rules against government bid to expand riot prosecutions | Malay Mail
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HONG KONG, Nov 4 — 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. The five-judge panel in Hong Kong’s Court of Final Appeal,...

HONG KONG, Nov 4 — 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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