‘Not enough evidence to prosecute Hong Kong separatist Andy Chan’: Beijing loyalist Maria Tam adopts different stance from top official Zhang Xiaoming
She suggests banning Chan’s party under another ordinance while insisting ‘road map’ to national security legislation in city has been developing
A vice-chairwoman of the Basic Law Committee said on Monday there was not enough evidence to prosecute separatist party leader Andy Chan Ho-tin for sedition as spelled out in the Crimes Ordinance, rejecting the recommendation of a top mainland Chinese official.
In her remarks, the first by a pro-Beijing heavyweight to differ from that of Zhang Xiaoming, director of the State Council’s Hong Kong and Macau Affairs Office, Maria Tam Wai-chu said using the Societies Ordinance still made the most sense to put a grip on the activities of the Hong Kong National Party (HKNP) founder.
Speaking on a morning radio programme, Tam said: “I think we can [use] the Societies Ordinance first, and set aside other ordinances for the time being.”
She also said she believed the road map for controversial national security legislation, as set out in the Basic Law’s Article 23, “has been developing” in the city.
Last week, following a fiery speech by Chan at the Foreign Correspondents’ Club, Zhang called for the separatist leader to be charged under Article 9 of the Crimes Ordinance, enacted in Hong Kong under colonial rule to criminalise acts or publications that may incite hatred, discontent or disaffection with the queen.
But Tam said there was not enough evidence to support such a move.
“There is a need to prove that … violence was incited,” Tam said. “From the reactions of others, we have not reached such a stage yet.
There is a need to prove that … violence was incited
“We cannot prove [Chan’s] act incited people to commit a crime,” she added.