Hong Kong's appeals court on Thursday broadened the criteria that can lead to a conviction for
"
sedition
"
, a ruling that could influence the ongoing trials of pro-democracy media and the proposed new national security law.
Since Beijing imposed a draconian national security law in 2020, the authorities have used the offense of sedition, which dates from the British colonial era, to repress all dissent.
In 2022, pro-democracy radio host Tam Tak-chi was sentenced to 40 months in prison for
“seditious speech”
under this colonial legacy.
On Thursday, judges rejected his appeal, ruling that it was not necessary to establish an intent to incite violence to convict him of sedition.
“Current experience shows that seditious acts or activities endangering national security today take very diverse forms
,” they wrote in their judgment.
“To effectively respond to seditious acts or activities threatening national security, seditious intent must be defined broadly to encompass a myriad of situations
,” they add.
This decision will be binding on the courts of first instance in similar cases, including the ongoing trials of two opposition media outlets, Stand News and Apple Daily, now closed, prosecuted for
“publication of seditious documents”
.
“Inciting violence or disorder”
It comes at a time when the Hong Kong executive is working on a second national security law, which punishes new offenses - such as treason, insurrection and espionage - and also plans to impose heavier penalties on "
sedition"
crimes. .
During last month's public consultation on the law, Hong Kong authorities suggested extending the term
"seditious intent"
to include disaffection with the communist leadership, the socialist system Chinese and Chinese political apparatuses in Hong Kong.
Tam Tak-Chi, who took part in huge and sometimes violent pro-democracy protests in 2019, is among a group of 47 activists charged with subversion in the most significant national security case.
Thursday's decision departs from that rendered in October by the Judicial Committee of the Privy Council (CJCP), a leading authority on customary law, the judicial system inherited from the British.
In a case relating to Commonwealth member Trinidad and Tobago's sedition law, the CJPC held that the
"true interpretation"
of sedition requires
"the intention to incite violence or disorder"
.
Hong Kong High Court Chief Justice Jeremy Poon said on Thursday that the appeal court had
“reservations”
about the applicability of the CJPC ruling.
“Seditious intent in a given penal code must be interpreted according to the specific legal and social landscape in which it exists
,” he said.