BREAKING: Hong Kong jailed activist Tam Tak-chi loses landmark appeal at top court over uttering ‘seditious words’
Hong Kong Free Press
Hong Kong’s apex court has upheld the conviction and sentence of jailed activist Tam Tak-chi in a landmark challenge of a since-repealed sedition law.
The Court of Final Appeal (CFA) on Thursday ruled against former radio host Tam, who was found guilty and jailed for 40 months by the District Court in 2022 for 11 charges including uttering seditious words.
Following a series of failed appeals in lower courts, the activist brought his legal challenge to the top court in January.
It marked the first time the CFA has heard an appeal against the colonial-era legislation, which was repealed last March when Hong Kong enacted the Safeguarding National Security Ordinance – commonly known as Article 23.
Tam stood accused of chanting the controversial slogan “liberate Hong Kong, revolution of our times,” a phrase ruled as capable of inciting others to commit secession in the city’s first national security trial. He was also accused of insulting the police by describing them as “damned black cops.”
The five-judge panel led by Chief Justice Andrew Cheung was tasked with reviewing two questions of law: are the sedition offences indictable offences that must be tried in the Court of First Instance before a judge and jury? And: Is the prosecution required to prove the defendant’s intention to incite third parties to violence or public disorder for the sedition offences charged in Tam’s case?
The appeal had involved complicated legal debate concerning the interplay of legislation, including provisions in the Beijing-imposed national security law, the Crimes Ordinance, the Criminal Procedure Ordinance, and the Magistrates’ Ordinance.
Far-reaching implications
The sedition offences under the Crimes Ordinance were displaced when Hong Kong enacted Article 23. The new security law raised the maximum penalty for sedition from two years in prison to seven years behind bars, or 10 if the offence was committed with “external forces.”
Tam’s appeal has far-reaching implications for sedition cases brought to the court under the Article 23 legislation. Several ongoing cases had adjourned awaiting the appeal result, with lawyers saying that it could affect how the defendants may plead.
Tam is currently serving a prison term of four years and five months for a conspiracy to commit subversion in a separate national security case. The activist, who had pleaded guilty to the charge, has launched an appeal against his sentence.
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