Hong Kong protests: 20 found guilty over 2019 Sheung Wan riot, though recent ‘joint enterprise’ ruling plays role in 3 acquittals

Judge references last week’s top court decision in saying prosecutors did not have sufficient evidence of what three defendants were doing prior to arrest

Prosecutors had sought convictions under the ‘joint enterprise’ principle, which does not require those charged to have been at the scene

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Cheung Ka-chun walks out of West Kowloon Court after being acquitted of rioting charges on Saturday. Photo: Nora Tam

Published: 5:40pm, 13 Nov 2021Updated: 11:17pm, 13 Nov 2021

Twenty people were found guilty on Saturday of taking part in a 2019 Hong Kong riot, although three others were acquitted by a judge who invoked a recent top court ruling on whether prosecutors could use the “joint enterprise” principle in charging those not arrested at the scene.

Prosecutors had accused all 23 defendants of taking part in a riot between Western Street and Queen Street in the city’s Sheung Wan neighbourhood on July 28 of that year.

Protesters marched towards Beijing’s liaison office in Hong Kong and used a variety of objects to block the area outside Western Police Station.

After postponing the verdict to take the top court’s ruling into account, District Court Judge Johnny Chan Jong-herng found 20 defendants guilty with a “participatory intent”.

Extradition bill protesters set up barricades as police fire tear gas during a 2019 riot in Sheung Wan. Photo: Edmond So

The legal point was touched on extensively last week by the Court of Final Appeal, which had been asked to decide if prosecutors could use the common law principle of joint enterprise to lay rioting charges on those not caught at the scene.

Hong Kong protests: 20 found guilty over 2019 Sheung Wan riot, though recent ‘joint enterprise’ ruling plays role in 3 acquittals

Judge references last week’s top court decision in saying prosecutors did not have sufficient evidence of what three defendants were doing prior to arrest Prosecutors had sought convictions under the ‘joint enterprise’ principle, which does not require those charged to have been at the scene

Judge references last week’s top court decision in saying prosecutors did not have sufficient evidence of what three defendants were doing prior to arrest

Prosecutors had sought convictions under the ‘joint enterprise’ principle, which does not require those charged to have been at the scene