Going to the Tangdu Fire Case | The driver of the sentinel's parent car can also be involved in a joint crime and the male defendant is allowed to file the final appeal

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Written by: Li Huina

2021-06-07 10:34

Last update date: 2021-06-07 10:34

Couple Tang Weixiong, Du Yilan, and a 16-year-old girl were arrested in the conflict after the demonstration in the Central and Western District the previous year. After interrogation, the three were found not guilty of riots and illegal assembly, but the Department of Justice appealed the legal opinions in the case.

The Court of Appeal ruled earlier that the principle of "joint crime" applies to the crime of illegal assembly or riots. Those who are not at the scene of the crime, that is, "sentinels" and those who drive "parent cars" to take demonstrators away from the scene can also be included.

Tang refused to accept the decision and appealed to the Court of Final Appeal. The Court of Appeal issued a certificate of permission to appeal today (7th).

Three defendants: Tang Weixiong (39 years old), Du Yilan (42 years old) and a female defendant surnamed Li (17 years old).

All were charged with participating in a riot in the west of Des Voeux Road near West Street on July 28, 2019.

The trial judge ruled that the three persons were not guilty of rioting, and Tang and Du were fined 10,000 yuan each for possessing a set of radio walkie-talkies without a license.

When the Attorney General made this application, it has stated that the appeal is only to interpret the legal principles contained in the charges and has no intention of overturning the original decision. Therefore, the decision of the Court of Appeal will not change the acquittal decision of the three defendants.

Tang Weixiong, the only male defendant in the case, raised two legal issues, requesting a certificate to appeal to the Court of Final Appeal, and pointed out that it involved significant and extensive importance, including (1) whether the principle of "joint crime" applies to riots and illegal assembly crimes (2) If the principle applies, whether the defendant concerned can be convicted without having to be present at the scene.

The Court of Appeal held that the two issues will have a significant impact on future prosecutions for riots and illegal assembly, so it decided to issue a certificate of permission to appeal, and the Tang can appeal the case to the Court of Final Appeal.

Case number: CASJ1/2020

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