The Court of Appeal in Hong Kong has upheld the 40-month sentence of activist Tam Tak-chi on charges of sedition, rejecting his attempt to appeal the convictions. Tam was previously sentenced by the District Court of Hong Kong on April 20, 2022, marking him guilty of uttering seditious words, organizing or participating in an unauthorized assembly, and public disorder.
This decision affirms Tam’s position as the first individual to face full trial for sedition under Chinese rule since the 1997 Handover of Hong Kong from British sovereignty.
When attempting to procure leave for appeal, Tam’s attorney had argued that Tam did not possess the intent to incite violence and that section 9 of the Crimes Ordinance unduly curtails freedom of speech. However, the court held that it is not improper to convict a defendant in absentia of an intent to incite violence. The court also clarified that the prosecution is not duty-bound to demonstrate that Tam’s speech electronically led to violence, and that sociopolitical elements must be taken into account while determining whether Tam intended to provoke violence.
Furthermore, Tam’s defense posited that criminal penalties on speech do not enhance social welfare or strike an equitable balance between social advantages and individual rights. In response, the court contended that Tam’s lawyer had overlooked the significance of national security and public order, the very principles that seditious offenses aim to safeguard. The court stated that “Safeguarding national security and preserving public order is indispensable to the stability, prosperity and development of society. It ensures a safe and peaceful environment where the public can exercise their fundamental rights and pursue their goals. The societal benefits involved are evidently enormous.”
Following Tam’s trial, on January 10, the West Kowloon Magistrates’ Courts sentenced another Hong Kong activist, Chu Kai-poon, to three months in prison on charges of sedition. Chu had been taken into custody on November 27, 2023, for wearing a shirt bearing the slogan “Liberate Hong Kong, revolution of our times” at the Hong Kong International Airport.
These instances indicate an ongoing judicial approach in Hong Kong that may have profound implications on freedom of speech and the city’s political climate in the coming years. As mentioned earlier, further discussion over the balance between national security and individual rights in the application of the law is anticipated.