Riot Ruling Gives Courts Greater Certainty

Hong Kong, 10 November 2021: A landmark Court of Final Appeal judgment has provided welcome clarity on the question of prosecutions for unlawful assembly and rioting, ruling that the doctrine of "joint enterprise" does not apply but stressing that anyone involved - whether directly or indirectly - in such activities could face criminal liability to the same extent as principal offenders.

The judgment has repercussions for a significant number of forthcoming cases arising from Hong Kong's 2019 protests, which saw more than 10,200 arrests. It means prosecutors will need to be more focused when identifying particular individuals and specific criminal acts rather than relying on a broad brush approach.