4 Nov 2021
HKSAR v. LO KIN MAN (盧建民)
- Citation
- [2021] HKCFA 37
- Court
- Court of Final Appeal
- Case number
- FACC6/2021
POO ss 18 and 19 create participatory offences requiring proof that the accused was present and 'took part' with others in the unlawful or riotous assembly with a participatory intent; no extraneous common purpose is required; the basic joint enterprise doctrine cannot be used to convict absent persons as principals for these statutory offences, although extended joint enterprise may operate for more serious further offences; absent actors remain prosecutable under secondary and inchoate liability doctrines; mere presence alone is insufficient for liability though encouragement by presence ca…