Hong Kong pro-democracy activist jailed for 40 months over sedition charges

Hong Kong pro-democracy activist "Fast Beat" Tam Tak Chi has been jailed for 40 months and a fine of HK$5,000 for using seditious words and disorderly conduct in a public place.

The 50-year-old activist faced 14 charges, including seven counts under the colonial-era sedition law.

The charges are implied due to conspiracy to utter seditious words, holding or convening an unauthorised assembly, incitement to knowingly take part in an unauthorised assembly, and refusing to obey an order given by an authorised officer. He was accused by the prosecution of making baseless accusations against the Hong Kong police, and insulting them by describing them as "damned black cops", Hong kong Media reported.

In his verdict delivered last month, Chan ruled that there was no difference between words targeting the Communist Party, the central government, or the Hong Kong government.

The DJ and former vice-chair of People Power has been held in custody since he was arrested in September 2020. Tam's sentencing, initially scheduled for March 31, was delayed after the Judiciary adjourned all court proceedings between March 7 and April 11 owing to the city's fifth wave of Covid-19.

"We all know the constitutional status of the Chinese Communist Party in the Chinese constitution. Even after deleting the words concerning the Communist Party, I think that the defendant still has seditious intentions aiming to undermine the SAR government," Chan said.

As per the reports by Hongkong Free Press, Chan said that the court had to take into consideration the "social and political reality" of Hong Kong, including the "unprecedented series of violent events" in 2019, stating it as a reason for his sentence. While the defence said in mitigation that Tam had a "genuine ideology," and cited his background in theology, Chan read out parts of the activist's speeches cited by the prosecution and said that he "could not see where it included his so-called ideology."

Chan said that the activist's words sounded like "the boundless abuse of an uncouth 50-year-old." The judge also said he had to take into account the time that the offence took place, as four of the seven sedition charges happened after the implementation of the national security law."

The Chinese Communist Party's heavy hand has extended beyond its borders to intimidate, threaten, and cajole those who criticise its human rights record and its repression in Tibet, Xinjiang, and Hong Kong.

"The defendant's multiple grandstanding saying that [he had to] beat the pro-establishment camp, and even to hit individual legislative councillors, there is only one purpose without a doubt, that is to enter the Legislative Council, enter Hong Kong's administrative structure, and 'enjoy' the income, power, and social status is given to him using government funds." When announcing the sentences for each of the 11 charges, Chan said he could not see any actual mitigating reasons.

Tam is among the 47 pro-democracy figures awaiting trial under the national security law over their roles in a primary election for the 2020 Legislative Council election, which was later postponed. Tam's ex-DJ partner, former lawmaker Raymond Chan, was among those sitting in the public gallery. People stood up and waved at Tam as he stepped into the dock, and the activist waved back.

Tam's total jail term came to 40 months after Chan ruled that some sentences were to be served consecutively, including the two years for incitement to take part in an unauthorised assembly, 12 of the 21 months for uttering seditious words, three out of the 18 months for holding an unauthorised assembly, and the one month for disorderly conduct in a public place. After the court session ended, Tam shouted: "Mum, take care of yourself, you will have to live longer to wait for me."

Before giving his reasoning, Chan said that he would ask the prosecution to prepare cam recorders facing the public gallery in case there was any disorderly conduct.

Tam became the first person to stand trial under the colonial-era sedition law after the handover. The legislation, last amended in the 1970s when Hong Kong was still under British colonial rule, is different from the Beijing-imposed national security law. The sedition law, which falls under the Crimes Ordinance, criminalises incitement to violence, disaffection and other offences against the administration, whereas the national security law, enacted in June 2020, outlaws subversion, secession, collusion with foreign forces and terrorist acts, which were broadly defined to include disruption to transport and other infrastructure, reported Hongkong Free Press.

The enactment of the national security law gave police sweeping new powers, alarming Democrats, civil society groups and trade partners, as such laws have been used broadly to silence and punish dissidents in China. However, the authorities say it has restored stability and peace to the city.

Senior China researcher for NGO Human Rights Watch's Maya Wang, post-Tam's sentencing said that the sentence showed "the dizzying speed at which Hong Kong's freedoms are being eroded."

"Tam's harsh sentence exemplifies the dizzying speed at which Hong Kong's freedoms are being eroded. Once known as Asia's protest capital, Hong Kong is now sentencing people to years in prison simply for shouting slogans", she stated further.

Chinese Communist Party (CCP) rules the nation with an iron fist and continues to systematically undermine the rights and freedoms of the people.

( With inputs from ANI )

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