People Power activist Tam Tak-chi has been charged with sedition after shouting popular protest slogans such as “disband the police force” and the five core demands of the pro-democracy movement.

Tam faces five counts of “uttering seditious words” under the Crimes Ordinance, a colonial-era offence that has not been used since the 1997 handover. He was also charged with one count of disorderly conduct in a public place.

At the Fanling Magistrates’ Court, prosecutors said on Tuesday that Tam made seditious remarks on five occasions between Mar. 15 and July 19, with the intent to “bring hatred or contempt or excite disaffection” against the government, to “raise discontent or disaffection” among Hongkongers or to urge others to break the law.

Prosecutors said that slogans such as “disband the police force” and “corrupt cops, may your whole family die” would incite hatred towards the government and the police, but did not specify the exact words Tam allegedly used.

Prosecution lawyers also alleged that Tam engaged in disorderly conduct at Ngau Tau Kok mall on Mar. 15, which was intended to cause a breach of the peace.

Tam’s bail application was denied and he was remanded in custody pending his next court appointment on November 17. He was kept in police custody for over 48 hours before his first appearance in court.

Law professor Johannes Chan from the University of Hong Kong told Apple Daily that the sedition offence under the Crimes Ordinance was “antiquated,” and that the government should not “try their luck” just to see if the courts will rule in their favor.

Prosecution decisions should be made based on public interest, and not the potential chilling effect it would cause, Chan said.

He was skeptical that the law would criminalize any and all words that cause discontent among the public as “seditious,” though the final decision lies with the courts. Chan said he was unable to comment on Tam’s case because the prosecution had not revealed his exact words.

The sedition offence under the Crimes Ordinance shows that Hong Kong’s laws were already “harsh” even without implementing national security laws under the Basic Law, he said.

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