Hong Kong court grants jailed activist Tam Tak-chi last chance to appeal sedition conviction

But court jettisons his contention that law imposes excessive restriction on right to free speech

Reading Time:2 minutes

Tam Tak-chi has been detained since September 2020. Photo: Sam Tsang

Published: 2:20pm, 14 Aug 2024Updated: 4:20pm, 14 Aug 2024

Hong Kong’s top court has granted a jailed opposition activist one last chance to appeal against his conviction for sedition, but refused to consider his contention that the law imposes an excessive restriction on free speech.

The Court of Final Appeal on Wednesday agreed to review the conviction of Tam Tak-chi – better known as “Fast Beat” from his days as an online radio host – who was jailed for 40 months on 11 charges over a raft of offensive acts during public gatherings in the aftermath of the 2019 anti-government protests.

The three presiding judges agreed to examine whether those charged with sedition under the colonial-era Crimes Ordinance must be tried before a judge and a jury, and whether the prosecution must prove a defendant’s intention to incite violence or public disorder in order to secure conviction.

But the bench found no room for the appellant to argue the offence was unconstitutional for being too wide and unclear.

The substantive appeal will be heard before a full panel of five judges on January 10 next year.

Tam, a former vice-chairman of the now-inactive opposition group People Power, has been detained since September 2020 when he became the first resident in more than 24 years to face sedition charges.