Debate over judge for Fast Beat

Judge Stanley Chan Kwong-chi is the judge designated to hear national security cases at the District Court.

In his first case as designated judge, Chan will decide whether "Fast Beat" Tam Tak-chi's case falls under national security.

Sing Tao Daily, The Standard's sister paper, revealed yesterday that arguments will be presented before Chan as to whether the case involving Tam, the 48-year-old People Power vice-chairman, should be heard by a judge designated to handle national security cases despite him not being charged under the national security law that Beijing imposed on Hong Kong.

Before hearing an unrest-related case last year, Chan ordered a man in the gallery to stand and remove his mask as he said he would not allow any yelling or shouting of slogans in his court.

A security officer also asked another man to take off his mask before entering the court.

This came after chief district court judge, Justin Ko King-sau, ruled yesterday that the arguments by the prosecution and defense in Tam's case should be heard before a designated judge in District Court today.

Ko said in his ruling: "A non-designated judge who rules in favor of the prosecution would in effect be confirming that he or she personally lacks jurisdiction to handle the argument in the first place, and the decision may be subject to challenge by way of judicial review.

"On the other hand, if he or she rules in favor of the defense, then the prosecution may persist in arguing the jurisdiction point on appeal or judicial review.

"It is undesirable to leave a blemish on such an important issue so early in the proceedings, which may come back to haunt the parties in due course."

This came after the Department of Justice requested that a judge be designated to adjudicate in Tam's case.

Ko was listed originally to hear the activist's plea on November 17, but the Department of Justice filed a request for a national security law-designated judge to hear the case.

That was because the law stipulates that all proceedings relating to national security in the District Court be handled by designated district judges.

The senior assistant director of public prosecutions, Anthony Chau Tin-hang, told the court that words uttered by Tam were subversive in intent and nature. So it was a mandatory obligation for Ko to list the case before a designated judge.

But defense counsel Philip Dykes questioned whether the prosecution was applying double standards as the case was not dealt with by a designated magistrate before being transferred to the District Court.

And allegations against Tam were not about offenses endangering national security.

Tam was arrested on September 6 and has been held in jail custody since. He is also the first person in Hong Kong to be charged with the colonial-era sedition charge since 1971.

Tam faces 14 charges over three cases, including seven counts of uttering seditious words and one of conspiracy to utter seditious words.

The court heard earlier he yelled protest slogans "Liberate Hong Kong, revolution of our times" 70 times and "Five demands, not one less" 90 times.

Other charges include three counts of disorderly conduct, one count of disobeying an officer's order, one count of holding unauthorized assembly and one count of incitement to take part in an unauthorized assembly.

michael.shum@singtaonewscorp.com