Hong Kong’s Court of Appeal upheld Hong Kong activist Tam Tak-chi’s sedition convictions on Thursday and refused to grant him leave to appeal his convictions. The District Court of Hong Kong previously sentenced Tam on April 20, 2022 to 40 months in prison over sedition charges. He was found guilty of uttering seditious words, holding or conniving to an unauthorized assembly and public disorder.

In applying for leave, Tam’s lawyer argued that Tam lacked intention to incite violence and that section 9 of the Crimes Ordinance disproportionately restricts the right to freedom of expression. Nonetheless, the court found that it is not disproportionate to convict a defendant who lacked intention to incite violence. The court also found that the prosecution is not required to prove that Tam’s speech or actions led to violence and that sociopolitical factors should be considered in assessing whether Tam had the intention to incite violence.

In addition, Tam’s lawyer argued that criminal sanctions on speech would not increase societal benefits or strike a fair balance between societal benefits and individual rights. However, the court stated that Tam’s lawyer did not consider the importance of national security and public order that sedition offenses aim to protect. The court wrote:

Safeguarding national security and preserving public order is indispensable to the stability, prosperity and development of society. It ensures a safe and peaceful environment where the public can exercise their fundamental rights and pursue their goals. The societal benefits involved are evidently enormous.

Tam was the first individual to stand full trial for sedition since Hong Kong’s 1997 Handover from British to Chinese rule. On January 10, Hong Kong’s West Kowloon Magistrates’ Courts sentenced Hong Kong activist Chu Kai-poon to three months in prison over sedition charges. Chu was arrested on November 27, 2023 for wearing a shirt with the slogan “Liberate Hong Kong, revolution of our times” at the Hong Kong International Airport.