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Opinion
Grenville Cross

Opinion | Mong Kok riot: a galaxy of options for justice minister in pressing further charges

Suspects could find themselves charged with criminal intimidation, grievous bodily harm and even attempted murder when they return to court

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Given the gravity of the allegations, some cases may have to be transferred to the High Court, which can impose harsher sentences. Photo: AP

By the time the Mong Kok riot suspects return to court next month, the secretary for justice, Rimsky Yuen Kwok-keung, has said “we might need to add further charges”.

Yuen takes the matter “very seriously” and, evidence permitting, apart from riot he has a galaxy of potential charges at his disposal. Of course, there must be a reasonable prospect of conviction before he can bring further charges, and they should also reflect the alleged criminality of the suspects, particularly the violence.

If the people who allegedly attacked the 90 police officers and five journalists, causing facial injuries and fractured bones, can be identified, Yuen will need to consider a charge of wounding with intent to cause grievous bodily harm, depending on any injuries.

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Secretary for Justice Rimsky Yuen must weigh the odds of conviction before deciding whether to press further charges. Photo: Edward Wong
Secretary for Justice Rimsky Yuen must weigh the odds of conviction before deciding whether to press further charges. Photo: Edward Wong
Whether a more serious charge of attempted murder is available for those who allegedly assaulted the police officer on the ground will depend on the evidence, the circumstances, and the inferences to be drawn from a fast-moving situation.

Lesser offences, such as assault occasioning actual bodily harm, unlawful wounding, assaulting police officers acting in the execution of their duty and common assault, provide prosecutors with possible fallback charges, if more serious offences are problematic.

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As regards the people who allegedly set fire to litter bins and then started fires in 22 different places, Yuen must decide whether, considering the damage, he can mount prosecutions for arson.

If it can be ascertained who allegedly threatened the journalists and cameramen as they covered the disturbances, and prevented them from going about their lawful business, the culprits may be prosecuted for criminal intimidation.

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