Tam Tak-chi lawyers challenge sedition law legality
Lawyers for pro-democracy activist Tam Tak-chi on Monday applied for proceedings against him to be halted, by challenging the legality of the colonial-era sedition law he is accused of violating.
The People Power activist is facing numerous charges for allegedly chanting seditious slogans, as well as other public order offences.
The defence argued that the sedition law has disproportionately restricted the freedom of expression, and is not consistent with the Basic Law and the Bill of Rights.
Lawyers also said that the definition of sedition is too vague, with concepts of hatred and contempt being subjective.
“The definitions of seditious intention … are so general or vague that [the law] fails to inform what’s safe to say or publish,” said senior counsel Philip Dykes, who is representing Tam.
Tam’s lawyers also said prosecutors should have listed the alleged remarks made by Tam in the charge sheet, adding that the judge can quash the charges if no such particulars are given.
They however told the District Court that Tam had decided not to lodge a judicial review against its earlier ruling that it has jurisdiction over the case.
Tam, who has been in custody since last September, appeared relaxed at the hearing, waving and making a V sign towards supporters at the courtroom – who gestured “five demands, not one less” in return.
Judge Stanley Chan said the court is not a “playground” for people to wave their hands or utter political statements, saying those who shout slogans should do it outside court.
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