Hong Kong Case Law: Decisions & Judgments

Topic

Seditious words

Legal area

Court

14 Aug 2024

HKSAR v. TAM TAK CHI (譚得志)

Citation

[2024] HKCFA 25
Court

Court of Final Appeal
Case number

FAMC15/2024

Leave to appeal was granted on Question 1 (indictability/jury trial issue, amended to Part III) and Question 2 (requirement of intent to incite third parties). Leave was refused on Question 3 (constitutional challenge) because the offences, read as a whole (section 9(1) read with section 9(2) and section 10), are sufficiently certain and are rationally connected and no more than reasonably necessary to protect legitimately conceived national security and public order interests; the proportionality and prescribed-by-law challenges were not reasonably arguable.
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…
26 Apr 2021

HKSAR v. TAM TAK CHI

Citation

[2021] HKDC 506
Court

District Court
Case number

DCCC927/2020

The particulars as drafted, when read with the Summary of Facts and available video footage, provided reasonable information under the Indictment Rules such that the defendant would not be prejudiced or embarrassed; therefore the application for further and better particulars was refused and the contested charges were not quashed.
26 Apr 2021

HKSAR v. TAM TAK CHI

Citation

[2021] HKDC 505
Court

District Court
Case number

DCCC930/2020

The stay application was refused because the defence failed to show on the balance of probabilities that a fair trial would be impossible or that proceeding would constitute an abuse of process; allegations of unconstitutionality are matters for trial and do not justify a pre-trial permanent stay.

Hong Kong Case Law

HKSAR v. TAM TAK CHI (譚得志)

HKSAR v. TAM TAK CHI

HKSAR v. TAM TAK CHI

HKSAR v. TAM TAK CHI