National Security Law Pre-Trial of “Fastbeat” Tam Tak-Chi
Link to Twitter thread - Thread Written on 4 December 2020
1/ While media focus is on the predicament of @JimmyLaiApple and @joshuawongcf, we should also keep a close eye on the case of #Fastbeat Tam Tak-chi, not only because he's facing excessive pre-trial detention, but also that his case will have FAR-REACHING consequences for us all.
2/ Even though the #NationalSecurityLaw is NOT retroactive, the CCP collaborators in #HongKong seem to have found a legal loophole to punish "seditious" acts predated the #NSL, and this is exactly what's happening to #Fastbeat Tam Tak-chi.
3/ Tam was arrested in September on suspicion of "uttering seditious words" and "inciting hatred and contempt against the government" under a rarely-used colonial-era sedition law. The alleged "crimes" took place between January 17 and July 19, 2020.
4/ In November, another "sedition" charge was laid against Tam which accuses him of "conspiring with a passerby to utter seditious words by passing a microphone to him".
5/ Tam has been denied bail THREE TIMES (first in September then in November, yet again in December), so he'll have to spend a total of NINE MONTHS in pre-trial detention until May 2021. #未審先囚
6/ Yesterday, it was decided that a National Security judge will preside over Tam's upcoming trial despite the fact that Tam has not been charged under the #NationalSecurityLaw, setting a bad legal precedent for similar cases in the future.
7/ Why does it matter? Because under the #NationalSecurityLaw, judges designated to "sedition" cases are handpicked by the Chief Executive, and their rulings may lie beyond the scope of judicial review.
8/ Also, the fact that the Department of Justice can unilaterally decide if a case "falls into the ambit of the #NationalSecurityLaw" will put protesters in the most difficult and unfavourable position where a fair trial can no longer be guaranteed.