7 Mar 2024
HKSAR v. TAM TAK CHI
- Citation
- [2024] HKCA 231
- Court
- Court of Appeal
- Case number
- CACC62/2022
The Court held that sedition as now constituted in the Crimes Ordinance (ss.9–10) is a statutory offence which displaced the old common law formulation; an intention to incite violence is not a necessary element of the statutory offence except where expressly stated (s.9(1)(f)). Section 10 offences are statutory summary offences triable according to the classification regime (CPO s.14A) and may be transferred to the District Court under the Magistrates Ordinance s.88(1)(b). The National Security Law does not convert section 10 offences into indictable offences or otherwise upset the statutory…