Hong Kong justice chief warns public that court’s riot ruling still leaves government with plenty of legal options at its disposal

Hong Kong’s justice minister has weighed in on rulings concerning illegal assembly and riots by the city’s top court, warning those who were not present at a disturbance could still be dealt with through other means.

Secretary for Justice Teresa Cheng Yeuk-wah broke her silence on the landmark decision, delivered by the Court of Final Appeal last Thursday, saying she would “assist the general public in learning the legal principles set out in the judgment”.

While the top court ruled that a person not physically at an unlawful assembly or riot should not be held liable as an actual participant of the crime, it noted those who “promote or act in furtherance” of an illegal assembly – whether they are present or not – could face criminal liability under what it described as an “extended form of joint enterprise” for more serious offences committed when executing a “joint plan”.

Thursday’s ruling stemmed from appeals by activists Lo Kin-man and Tong Wai-hung.

Lo had asked the court to review his conviction in 2018, when he was found guilty of rioting during the Mong Kok unrest in 2016. But his appeal was dismissed.

The other activist, Tong, was acquitted of rioting in July last year in connection with the anti-government protests in 2019, after a lower court said prosecutors had no direct evidence against him. But the 34-year-old’s acquittal prompted the justice minister to seek clarifications on the application of joint enterprise from the Court of Appeal.