Conviction Rate of 2019 Protests Could Rise

More protesters could be prosecuted following new ruling

Lawfare, or using the law as a weapon, continues to thrive in Hong Kong with the latest ruling by a High Court judge who upheld prosecutors' wide power to indict suspects that even aren't physically present at an unlawful assembly or riot can face the same charges as actual participants under the legal principle of "joint enterprise".

Chief Justice of the High Court Jeremy Poon Shiu-chor acknowledged the law could be applied by prosecutors to go after all kinds of suspects ranging from a lookout or a driver of a getaway car, to a social media user who merely clicked "like" on a post promoting an illegal gathering -- depending on the strength of the evidence.

As a result this could lead to even more prosecutions and convictions of those who may have aided or abetted people who took part on the 2019 anti-government protests.

Poon: ruling applies to rioting, unlawful assembly

Poon said the common law doctrine must apply to the offences of rioting and unlawful assembly, as it was in the public interest to punish not only offenders caught at the scene, but also accomplices who were not.

"An accessory or a party to a joint enterprise is liable as the principal. This serves the public interest of maintaining the public order," Poon said. "A contrary construction which excludes the doctrine of joint enterprise... will have dire consequences for the maintenance of public order."

Poon dismissed suggestions the interpretation might lead to the "overcharging" of innocent people, saying an individual would remain safe unless he or she "crosses the line". He also rejected the notion that freedom of speech would be compromised.

"Freedom of expression is not absolute. It does not provide immunity to those who have actually, in the eyes of the criminal law, participated in an unlawful assembly or riot, such as by encouraging or promoting it, in the disguise of exercising their freedom of expression," he added.

The Department of Justice asked the appeal court to uphold the application of the common law doctrine of joint criminal enterprise, which allows all members of a group to be held liable for offences committed by an individual member, as long as they had a common purpose.

To and Tong acquitted on lack of evidence

The application was made in relation to the verdict to the first riot case related to the 2019 unrest, where three people -- student Natalie Lee Yuen-yui, and gym owners Tong Wai-hung and his wife Elaine To -- had assembled with protesters in a common purpose in Sheung Wan on July 28, 2019. The judge did not find sufficient evidence to convict them.

While the verdict on the trio will not be appealed, this latest ruling now gives prosecutors reason to prosecute and possibly convict more people future ca

Today's ruling will probably also give people another reason to leave Hong Kong if they have not done so already. The use of lawfare, or using the law as a weapon, has only started in Hong Kong and will only continue to gain momentum.