Jailed Hong Kong activist Tam Tak-chi has withdrawn his appeal application against his sentence in the city’s largest national security trial.
Tam, better known as “Fast Beat,” was among 45 democrats jailed in November over their participation in an unofficial primary election that was deemed a subversion plot by the High Court.
The activist, who was jailed for four years and five months after pleading guilty in the trial, filed an appeal application in December, seeking a shorter sentence.
According to the Judiciary’s court diary, the Court of Appeal (CA) is set to hear on Monday the leave to appeal applications of 13 democrats jailed in November. The hearing is scheduled to last 10 working days.
Among them are journalist-turned-activist Gwyneth Ho, jailed for seven years; former lawmaker Lam Cheuk-ting, jailed six years and nine months; and veteran activist “Long Hair” Leung Kwok-hung, jailed six years and nine months.
However, Tam’s name is no longer listed in the court diary.
Ming Pao reported on Wednesday, citing the Judiciary, that Tam had dropped his application.
A total of 47 democrats were arrested in January 2021 over their roles in the primary election and charged with “conspiracy to commit subversion” under the Beijing-imposed security law.
Two democrats, Lawrence Lau and Lee Yue-shun, were acquitted – the first people tried under the Beijing-imposed security law to be cleared of their charges.
The Department of Justice (DoJ) said it had filed an appeal against Lau’s not-guilty verdict but would not appeal Lee’s acquittal.
The Court of Appeal will also hear the DoJ’s appeal application against Lau on Monday.
Lost appeal against sedition law
In March, Tam lost an appeal against a since-repealed sedition law after the Court of Final Appeal (CFA) upheld his conviction and sentence.
The activist was found guilty and jailed for 40 months by the District Court in 2022 for 11 charges including uttering seditious words.
It marked the first time the CFA heard an appeal against the colonial-era legislation, which was repealed in March last year when Hong Kong enacted the Safeguarding National Security Ordinance – commonly known as Article 23.
Under Article 23, the maximum penalty for sedition has been raised from two years in prison to seven years behind bars, or 10 years if the offence was committed with “external forces.”
Tam’s appeal has far-reaching implications for sedition cases brought to the court under Article 23. Several ongoing cases had been adjourned awaiting the result of the appeal, with lawyers saying that it could affect how the defendants might plead.
