Hong Kong protests: judge rules insulting city’s government ‘a challenge to Beijing’s authority’ as ex-radio host Tam Tak-chi found guilty under sedition law
- Opposition activist Tam Tak-chi was found guilty of 11 charges in first sedition trial since the city’s return to Chinese rule in 1997
- District Court Judge Stanley Chan found rallying cry during the anti-government protests in 2019 was capable of inciting sedition
Insulting or verbally abusing the Hong Kong government amounts to a challenge against Beijing’s authority, a judge has ruled in finding an opposition activist guilty of 11 charges in the city’s first sedition trial since its return to Chinese rule in 1997.
Former radio presenter Tam Tak-chi denied 14 charges, including eight related to allegedly uttering seditious words, over his role in various public gatherings between January and July of 2020.
The 49-year-old former People Power vice-chairman, popularly known as “Fast Beat”, was escorted to the dock and denied access to his legal representative before Wednesday’s hearing, after the judge expelled his lawyer from the court because the latter had not received a Covid-19 jab.
In last year’s trial, prosecutors alleged Tam had chanted an array of seditious slogans in public, including “Liberate Hong Kong; revolution of our times” and “rogue cops and families go to hell”.
His other provocative speeches targeted the Beijing-imposed national security law and the Chinese Communist Party, according to prosecutors, who accused him of depicting the new legislation as the “party’s security law” and the party as one which “tramples on human rights” and “flouts the rule of law”.
He had also called on others to “defeat” and “wipe out” the party.
They also accused the activist of inciting or holding illegal gatherings during the coronavirus pandemic and behaving in a disorderly manner by shouting curse words at police and passers-by who held different political views.
Ex-Bar Association chairman leaves Hong Kong for UK after meeting with police
In his 62-page verdict, Chan dismissed the defence notion that the sedition law was ambiguous and uncertain, saying it was necessary to adopt an all-inclusive wording in the text to ensure the legal tool was not confined by one single interpretation and could be invoked in different sociopolitical settings.
“Sedition is an offence endangering national security under existing legislation. Clearly, it aims to impose restrictions to safeguard national security, which serves the collective interest of society to establish peace and preserve order,” Chan wrote.
“I am of the view that the legal definition of sedition is not exceedingly broad. Instead, it is necessary to ensure that the provision can be adopted at different times with sufficient flexibility.”
A major dispute in the trial was whether insulting the Communist Party contravened the legislation. The defence argued that any criticism made against the ruling party would fall outside the ambit of the law, as it was the central government rather than the party which held power in Beijing.
But Chan said the contention was a “red herring” to distract the court’s attention from the key issue of whether Tam had excited disaffection towards the Hong Kong government, which he ultimately found in the affirmative.
“The constitutional status of the Communist Party under Chinese law is well-known. Even excluding the remarks concerning the Communist Party, I take the view that the defendant had nevertheless bore a seditious intent to attack the Hong Kong government.”
The judge warned that, since all powers enjoyed by the Hong Kong government were bestowed on it by Beijing under the Basic Law, any offensive remark against the local administration would amount to “an attack on the central government”.
02:33
A look back at arrests, national security, and the Olympics defining Hong Kong news in 2021
Tam was convicted of seven counts of uttering seditious words, and one count each of inciting others to knowingly take part in an unauthorised assembly, disorderly conduct in public, holding or convening an unauthorised assembly, and refusing or wilfully neglecting to obey an order given by an authorised officer.
He was cleared of three other counts – conspiracy to utter seditious words and two counts of disorderly conduct in public – on technical grounds.
The court will impose a sentence on March 30 pending an assessment report on the defendant’s background. Tam faces up to seven years in jail.
Tam, one of 47 opposition figures facing subversion charges over an unofficial primary election for the Legislative Council in 2020, is not the first person to be convicted of sedition since China resumed sovereignty over the city. Four others have previously been convicted and sentenced on sedition charges after pleading guilty without going on trial.
