In Landmark Judgement, Hong Kong Court Affirms Sedition Conviction for Pro-Democracy Activist

Hong Kong: Criticising laws or chanting anti-government slogans can be enough to jail someone for sedition in Hong Kong, an appeal court ruled on Thursday in a landmark case brought under a colonial-era law increasingly used to crush dissent.

Hong Kong's Court of Appeal upheld a 40-month sentence for pro-democracy activist Tam Tak-chi, first person tried under city's sedition law since Hong Kong returned to Chinese rule in 1997.

Tam's lawyers h argued his conviction should be overturned because prosecution did not show he meant to incite violence.

prosecution is widely seen as part of Beijing's clampdown on dissent in former British colony, following widespre anti-government protests in 2019.

Tam was convicted on 11 charges in 2022, including seven counts of “uttering seditious words." A judge at lower court took issue with him chanting popular protest slogan “Liberate Hong Kong, revolution of our times” — words government says imply separatism — and criticising Beijing-imposed National Security Law during a primary campaign.

judge said his words broke law because y incited discontent against Hong Kong and disobedience to law.

Tam and his lawyers h drawn hope from a ruling me by a top Commonwealth court in a 2023 case about a similar law. In that case, London-based Privy Council said that sedition law in Trinid and Tobago could not be used to convict people unless y intended to incite violence or disorder. Privy Council is court of final appeal for a number of Commonwealth countries.

But Hong Kong court rejected argument, finding that Privy Council ruling only applied to law in Trinid and Tobago.

Judge Jeremy Poon said sedition in Hong Kong is a statutory offense, not a common law offense. He ded that law's legislative history me it clear that an intention to incite violence is not a necessary element of most sedition offenses.

“Nothing suggests that any individual, including applicant, a politician and activist highly critical of government and a stern opponent of government policy, would be subject to an unacceptably harsh burden because of restriction on seditious acts or speeches imposed by offense,” ruling said.

To effectively respond to seditious acts endangering national security, seditious intent has to be “broly framed to encompass a myri of situations" that may arise at different times, y said.

ir ruling is expected to guide or sedition cases in city, including a looming verdict for two former editors at now-shuttered pro-democracy news outlet Stand News. media company shut down in 2021 after senior managers were arrested for sedition and police conducted a high-profile raid on its office.

Hong Kong has seen its freedoms decline in recent years as Beijing has tightened control over city. sweeping National Security Law, toger with sedition law, has been used to arrest pro-democracy activists and dissidents.

Hong Kong government has hailed Beijing's National Security Law for bringing back stability to city. city's ministration is planning its own version of law, targeting offenses like ft of state secrets and espionage, and to sharpen or existing laws.

A draft bill will be submitted to legislature for debate on Friday, and Hong Kong leer John Lee said in a statement he urged lawmakers to approve bill “at full speed.” In proposals unveiled in January, authorities said y were planning to increase penalties for “seditious intention." Currently, first-time offenders face up to two years' imprisonment.

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