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People Power activist Tam Tak-chi (centre) is arrested in Causeway Bay during a 2020 protest. Photo: May Tse

Hong Kong opposition activist Tam Tak-chi jailed for 40 months after being found guilty on 11 charges under colonial-era sedition law

  • The 50-year-old former People Power vice-chairman, popularly known as ‘Fast Beat’, was the first defendant in more than 24 years to face sedition charges
  • Tam initially faced 14 charges over his role in various public gatherings between January and July of 2020
Brian Wong
An opposition activist has been jailed for 40 months and fined HK$5,000 (US$641) over 11 charges in Hong Kong’s first sedition trial since its return to Chinese rule in 1997, with the judge ruling any attack on the national security law and the city’s administration warrants a deterrent penalty.

A human rights observer called the ruling “harsh”, warning Hong Kong’s freedoms were deteriorating at a “dizzying speed”, and residents could now face years behind bars simply for chanting slogans.

Former radio presenter Tam Tak-chi, 50, returned to the District Court on Wednesday to be sentenced before a judge hand-picked by city leader Carrie Lam Cheng Yuet-ngor to oversee national security proceedings.

Judge Stanley Chan Kwong-chi said a hefty sentence was necessary to sanction Tam for vilifying the government and police and denigrating the security law imposed by Beijing in June 2020.

He also called the former People Power vice-chairman a “peasant” and a Christian who had acted against the teachings of his religion, adding he was merely fishing for fame when he used a stream of “invective” to publicly assail police officers and his political rivals.

Tam, popularly known as “Fast Beat”, was the first defendant in more than 24 years to face sedition charges when prosecutors invoked the colonial-era law against him in September 2020. He was remanded in custody and found guilty last month.

He was the fifth person to be sentenced, with four others prosecuted under the same legislation pleading guilty without going to trial. Three were sentenced to jail and the other to correctional training.

A photo cut-out of activist Tam Tak-chi displayed at a press conference. Photo: SCMP

Tam initially faced 14 charges, including eight related to allegedly uttering seditious words, over his role in various public gatherings between January and July of 2020.

Prosecutors had accused Tam of chanting provocative slogans, including a signature rallying cry during the 2019 social unrest to advocate Hong Kong’s “liberation” and a “revolution of our times”.

Other offensive remarks included calls for “rogue cops and families” to “go to hell”, as well as urging others to “defeat” and “wipe out” the Chinese Communist Party.

They also accused Tam of inciting or holding illegal ­gatherings during the coronavirus pandemic and behaving in a ­disorderly manner by swearing at police and ­passers-by.

In last month’s verdict, Chan upheld the constitutionality of the sedition law in finding Tam guilty of 11 charges: seven counts of uttering seditious words, and one each of inciting others to knowingly take part in an unauthorised assembly, disorderly conduct, holding or convening an unauthorised assembly, and refusing or wilfully neglecting to obey an order given by an authorised officer.

Tam was cleared of three charges – conspiracy to utter seditious words and two counts of disorderly conduct in public – on technical grounds.

Chan delivered his sentence with a police camera pointing at the dozens of spectators in court, including Tam’s supporters and foreign diplomats, and warned any disruptive conduct could lead to legal consequences.

In his judgment, Chan said Hong Kong was still under the shadow of “a series of unprecedented violent incidents that erupted in the second half of 2019” – a reference to the anti-government protests that year – when Tam committed the offences.

01:20

National security police arrest Hong Kong veteran journalist on sedition allegations

National security police arrest Hong Kong veteran journalist on sedition allegations

The 2019 unrest, according to Chan, was “a direct challenge to the political landscape of Hong Kong society, social harmony and the government’s prestige”.

Bringing the government, police and people friendly to Beijing into disrepute against this backdrop was mere “grandstanding” and part of Tam’s selfish scheme to boost his political career, the judge said.

“The purpose of the defendant’s grandstanding campaign to repeatedly attack the pro-establishment camp and even individual lawmakers was, without a doubt, none other than for him to enter the Legislative Council, part of Hong Kong’s administrative framework,” he said.

“That way, the defendant can ‘enjoy’ the income paid by taxpayers, as well as power and social status [of being a lawmaker]. To the defendant, undermining the government and reinforcing his political influence while living off taxpayers. Why not? If that is not private interest, what is?”

The judge sentenced Tam to 21 months in jail for the seven sedition charges before tagging on an extra 19 months for the remaining offences.

He warned the defendant could face two more weeks behind bars should he fail to pay the HK$5,000 fine in time.

Tam has said he is suffering wrongful imprisonment and will lodge an appeal, according to his official Facebook account.

Maya Wang Songlian, a senior researcher at Human Rights Watch, said after the ruling: “Tam’s harsh sentence exemplifies the dizzying speed at which Hong Kong’s freedoms are being eroded.”

She added: “Once known as Asia’s protest capital, Hong Kong is now sentencing people to years in prison simply for shouting slogans.”

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