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Article: Liable for Unlawful Assembly and Riot by Virtue of Liking or Comment on Social Media Platforms? Secretary for Justice v Tong Wai Hung [2021] HKCA 404
Title | Liable for Unlawful Assembly and Riot by Virtue of Liking or Comment on Social Media Platforms? Secretary for Justice v Tong Wai Hung [2021] HKCA 404 |
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Authors | |
Issue Date | 11-Nov-2021 |
Publisher | SAGE Publications |
Citation | The Journal of Criminal Law, 2021, v. 85, n. 6, p. 480-484 How to Cite? |
Abstract | In Secretary for Justice v Tong Wai Hung [2021] HKCA 404, the Hong Kong Court of Appeal affirmed that the doctrine of joint enterprise, as a matter of statutory construction, is applicable onwards to the offences of unlawful assembly and riot under the Public Order Ordinance (Cap. 245), and physical presence at the crime scene is not a pre-requisite to establish liability. The Court argued that such an interpretation strikes a balance between public order concerns and the need to avoid the risk of over-charging. This note contends that the Court of Appeal’s decision will risk exposing numerous citizens, who can hardly be said to share culpability comparable to that of the actual and principal perpetrators of unlawful and riotous assemblies, to prosecution and conviction on questionable legal and evidential basis. |
Persistent Identifier | http://hdl.handle.net/10722/346145 |
ISSN | 2023 Impact Factor: 0.6 2023 SCImago Journal Rankings: 0.223 |
DC Field | Value | Language |
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dc.contributor.author | Wan, Trevor TW | - |
dc.contributor.author | Yeon, Thomas | - |
dc.date.accessioned | 2024-09-11T09:25:08Z | - |
dc.date.available | 2024-09-11T09:25:08Z | - |
dc.date.issued | 2021-11-11 | - |
dc.identifier.citation | The Journal of Criminal Law, 2021, v. 85, n. 6, p. 480-484 | - |
dc.identifier.issn | 0022-0183 | - |
dc.identifier.uri | http://hdl.handle.net/10722/346145 | - |
dc.description.abstract | <p>In <em>Secretary for Justice v Tong Wai Hung</em> [2021] HKCA 404, the Hong Kong Court of Appeal affirmed that the doctrine of joint enterprise, as a matter of statutory construction, is applicable onwards to the offences of unlawful assembly and riot under the Public Order Ordinance (Cap. 245), and physical presence at the crime scene is not a pre-requisite to establish liability. The Court argued that such an interpretation strikes a balance between public order concerns and the need to avoid the risk of over-charging. This note contends that the Court of Appeal’s decision will risk exposing numerous citizens, who can hardly be said to share culpability comparable to that of the actual and principal perpetrators of unlawful and riotous assemblies, to prosecution and conviction on questionable legal and evidential basis.<br></p> | - |
dc.language | eng | - |
dc.publisher | SAGE Publications | - |
dc.relation.ispartof | The Journal of Criminal Law | - |
dc.rights | This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. | - |
dc.title | Liable for Unlawful Assembly and Riot by Virtue of Liking or Comment on Social Media Platforms? Secretary for Justice v Tong Wai Hung [2021] HKCA 404 | - |
dc.type | Article | - |
dc.identifier.doi | 10.1177/00220183211054691 | - |
dc.identifier.volume | 85 | - |
dc.identifier.issue | 6 | - |
dc.identifier.spage | 480 | - |
dc.identifier.epage | 484 | - |
dc.identifier.eissn | 1740-5580 | - |
dc.identifier.issnl | 0022-0183 | - |