Hong Kong activist “Fast Beat” Tam Tak-chi. File photo: Etan Liam, via Flickr.
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.
Following a series of failed appeals in lower courts, the activist brought his legal challenge to the top court in January. It was the first time the CFA heard an appeal against the colonial-era legislation, which was repealed last year when Hong Kong enacted the Safeguarding National Security Ordinance – commonly known as Article 23.
The government “welcomes the judgment of the CFA on the case against” Tam, it told HKFP, citing the top court’s ruling as stating that the prosecution was not required to prove Tam’s intention to incite violence or public disorder.
Article 23 “clearly stipulates” that the prosecution does not need to prove such an intention, the government also said.
Court of Final Appeal. Photo: GovHK.
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.
