4 Nov 2021
HKSAR v. TONG WAI HUNG (湯偉雄)
- Citation
- [2021] HKCFA 37
- Court
- Court of Final Appeal
- Case number
- FACC7/2021
POO ss 18 and 19 define participatory offences requiring proof that the accused was present and 'took part' in the unlawful or riotous assembly with a participatory intent; no extraneous common purpose is required; the basic form of joint enterprise cannot be used to convict absent persons as principals though the extended form may fix liability for additional, foreseen offences; absent promoters are liable under secondary and inchoate offences.