Security Law Judge To Mull Hearing Tam Tak-chi Trial
"); jQuery("#212 h3").html("

"); jQuery(document).ready(function() { jwplayer.key='EKOtdBrvhiKxeOU807UIF56TaHWapYjKnFiG7ipl3gw='; var playerInstance = jwplayer("jquery_jwplayer_1"); playerInstance.setup({ file: "https://newsstatic.rthk.hk/audios/mfile_1563132_1_20201202180618.mp3", skin: { url: location.href.split('/', 4).join('/') + '/jwplayer/skin/rthk/five.css', name: 'five' }, hlshtml: true, width: "100%", height: 30, wmode: 'transparent', primary: navigator.userAgent.indexOf("Trident")>-1 ? "flash" : "html5", events: { onPlay: function(event) { dcsMultiTrack('DCS.dcsuri', 'https://news.rthk.hk/rthk/en/component/k2/1563132-20201202.mp3', 'WT.ti', ' Audio at newsfeed', 'WT.cg_n', '#rthknews', 'WT.cg_s', 'Multimedia','WT.es','https://news.rthk.hk/rthk/en/component/k2/1563132-20201202.htm', 'DCS.dcsqry', '' ); } } }); }); });
2020-12-02 HKT 12:09
A judge specially tasked with handling national security cases is to hold a hearing to decide whether to take on the sedition trial of Tam Tak-chi, even though the pro-democracy activist has not been charged under the new legislation.
The District Court announced the move on Wednesday following a request by the Department of Justice (DOJ).
Tam, vice-chairman of People Power, faces a total of 14 charges, including shouting allegedly seditious slogans, such as "Liberate Hong Kong, revolution of our times", and inciting others to do the same.
The DOJ said such words "clearly have a subversive meaning", alleging that Tam tried to "alter the constitutional order of Hong Kong". For this reason, it said, the case could fall into the ambit of the national security law.
It added that having a designated national security judge would not be unfair to Tam as these judges can also hear cases that are unrelated to the new law.
But defence barrister Philip Dykes said it was inconsistent for the prosecutors to make the request only after the case had been transferred to the District Court, warning that it would set a bad precedent if the court approved the application.
Handing down his ruling on Wednesday, Chief District Judge Justin Ko said he would leave it to a designated judge to decide if Tam’s case really is related to the national security law.
Ko said he agreed with the DOJ's reasoning that if a "normal" judge were to preside over Tam's trial, he or she may act beyond their legal authority and the matter could be subject to a judicial review.
He said it would not be ideal to leave a "blemish" on an important issue during early proceedings, which may later come back to haunt both sides.
Ko said a national security judge would hold a hearing on Thursday to decide whether to take on Tam's case.
The activist has been kept in custody since his arrest on September 6.
Critics have slammed the stipulation in the national security law which gave the chief executive the power to draw up a list of judges to handle national security cases, saying this has undermined the independence of the judiciary.
In July, Chief Justice Geoffrey Ma stressed that judges should only be appointed on the basis of judicial and professional qualities, and not politics.
Treasury Secretary Grilled On Economic Figures And Foreign Policy. He Refrained From Directly Calling Ukraine An Ally.
Treasury Secretary Scott Bessent emphasized that prices would come down as soon as the Iran war ended, hailed Trump's ec... Read more
More Than Seven In Ten Americans Think The U.S. Is On The 'Wrong Track' Ahead Of The Midterms: Poll
The new poll also showed that Trump's approval rating had sunk to 34%, with more than half of respondents saying they "s... Read more
World Bank Encourages Developing Nations To Embrace 'Small' AI To Accelerate Economic Growth
Paschal Donohoe, the managing director and chief knowledge officer at the World Bank, said that so-called "small AI" cou... Read more
Ukraine Launches Large-Scale Drone Attack On Russia, Defies Trump's Demands To Leave Russian Energy Alone
Swarms of Ukrainian drones hit numerous targets in Russia, including an oil terminal, overnight despite Trump's repeated... Read more
Protests In France Are Becoming Increasingly Violent. Demonstrations Have Now Spread To Other European Countries.
The protests, which began as localized demonstrations against perceived neglect in the French education system, intensif... Read more
Trump Maintains Defiant Message In Kentucky Midterm Rally, Makes Dubious Claims About Republican Popularity
The president held a rally on Saturday in which he touted the supposed successes of his two terms in office, attacked hi... Read more
