Hong Kong activist Tam Tak-chi arrested for ‘uttering seditious words’
Hong Kong police have arrested pro-democracy activist Tam Tak-chi on suspicion of “uttering seditious words,” an offence under the colonial-era Crimes Ordinance.
Tam, vice president of the People Power political party, was arrested on Sunday morning at his Tai Po home by officers from the police force’s national security unit. An eyewitness told Apple Daily that officers forced their way into Tam’s flat at around 10 a.m. after a heated argument.
People Power condemned Tam’s arrest in a statement and accused the police of crushing freedom of speech and abusing the law to target the government’s critics “to an absurd extent.” The police wanted to use Tam as an example to chill dissent, the group added.
Senior Superintendent Steve Li said that police arrested a 47-year-old man in relation to 29 street booths that were set up in different districts between June and August.
Li said that the arrested used words that brought “hatred and contempt against the government.” He added that the words uttered “raises the discontent and disaffection among the Hong Kong people.”
Li said the police had originally planned to arrest Tam for offences under the national security law but chose to arrest him under the Crimes Ordinance after discussions with the Department of Justice.
Li did not explain what words were considered seditious. Instead, he told reporters to look at Tam’s social media posts.
Apple Daily found that Tam hosted multiple anti-epidemic forums that were livestreamed on Facebook. Two early sessions included an activity that allowed the public to vote for government officials they wanted to see sanctioned.
Regulations related to the use of seditious words under the Crimes Ordinance were last enforced by authorities in Hong Kong against Communist agitators in the 1967 riots, said law professor Johannes Chan from the University of Hong Kong.
Chan told RTHK that courts usually require the prosecution to prove the presence of violence or intent of violence in sedition offences to avoid criminalizing people based solely on their words.
Chan criticized the police for using laws that restrict free speech, adding that he worried Hong Kong was becoming a police state.
Democratic Party lawmaker James To said that the use of the Crimes Ordinance to criminalize words was inconsistent with free speech protections under the Basic Law and international treaties.
The Hong Kong government was incapable of reflecting on its own mistakes and placed the blame on its critics, To said, adding that such behavior was the cause of public dissatisfaction.
Civic Party lawmaker Alvin Yeung said that the Crimes Ordinance was “antiquated.” He added that its provisions against sedition were too broad and could potentially be used to target all kinds of criticism against the government.
Tam was arrested in July on separate charges of inciting others to take part in an unlawful assembly, seditious intention and disorderly conduct in a public place. He previously told the press that he was facing at least seven criminal charges, which he dismissed as political persecution.
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