Home » Hong Kong appeals court upholds activist’s 40-month sentence over sedition charges

Hong Kong appeals court upholds activist’s 40-month sentence over sedition charges

by Derek Andrews
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Hong Kong’s Courtroom of Enchantment upheld Hong Kong activist Tam Tak-chi’s sedition convictions on Thursday and refused to grant him depart to attraction his convictions. The District Courtroom of Hong Kong beforehand sentenced Tam on April 20, 2022 to 40 months in jail over sedition costs. He was discovered responsible of uttering seditious phrases, holding or conniving to an unauthorized meeting and public dysfunction.

In making use of for depart, Tam’s lawyer argued that Tam lacked intention to incite violence and that section 9 of the Crimes Ordinance disproportionately restricts the precise to freedom of expression. Nonetheless, the court docket discovered that it isn’t disproportionate to convict a defendant who lacked intention to incite violence. The court docket additionally discovered that the prosecution shouldn’t be required to show that Tam’s speech or actions led to violence and that sociopolitical elements ought to be thought-about in assessing whether or not Tam had the intention to incite violence.

As well as, Tam’s lawyer argued that prison sanctions on speech wouldn’t enhance societal advantages or strike a good steadiness between societal advantages and particular person rights. Nonetheless, the court docket acknowledged that Tam’s lawyer didn’t take into account the significance of nationwide safety and public order that sedition offenses goal to guard. The court docket wrote:

Safeguarding nationwide safety and preserving public order is indispensable to the soundness, prosperity and growth of society. It ensures a secure and peaceable atmosphere the place the general public can train their basic rights and pursue their objectives. The societal advantages concerned are evidently monumental.

Tam was the primary particular person to face full trial for sedition since Hong Kong’s 1997 Handover from British to Chinese language rule. On January 10, Hong Kong’s West Kowloon Magistrates’ Courts sentenced Hong Kong activist Chu Kai-poon to a few months in jail over sedition costs. Chu was arrested on November 27, 2023 for sporting a shirt with the slogan “Liberate Hong Kong, revolution of our occasions” on the Hong Kong Worldwide Airport.

Source / Picture: jurist.org

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