My Take | For Hong Kong’s top court, challenges of the security law have only just begun
Such cases are often seen in black and white terms. But interpreting and applying the law along with the legal system’s core principles is complex
Hong Kong’s national security cases have often sparked controversy, with strongly-worded clashes between governments and even the threat of US sanctions on judges.
But almost five years after Beijing passed a national security law, the city’s top court has had relatively few opportunities to rule on such cases.
Last week, there were two judgments on the same day, one in favour of the government and the other against.
Colonial-era sedition laws, dating back to 1938, were considered in the case of activist Tam Tak-chi. He was jailed for 40 months for sedition and public order offences in 2022.
Tam argued his seven convictions for “uttering seditious words” following civil unrest in 2019 should be overturned. The case focused on whether sedition should be limited to an intention to incite violence or public disorder.
After examining the legislative history, the court ruled these two categories are not the only ones capable of amounting to seditious intention under the law. Tam’s convictions were upheld.