Long wait behind bars for 'Fast Beat'

"Fast beat" Tam Tak-chi has been remanded in jail custody until his trial starts in May next year, with a designated judge for national security cases handling his case.

District Court judge Stanley Chan Kwong-chi adjourned the case to May 10 next year, when a trial is expected to take five days with five prosecution witnesses testifying.

Chan rejected a bail application from Tam, who has already been in jail custody since September 6.

Tam, 48, is the first person in Hong Kong to be charged with a colonial-era sedition charge since 1971.

The vice-chairman of People Power faces 14 charges covering three cases.

They include five counts of uttering seditious words, conspiracy to utter seditious words and disorderly conduct for chanting the slogans "Liberate Hong Kong, revolution of our times" and "Five demands, not one less" from March to July this year at street booths in various districts.

He was also charged with incitement to take part in an unauthorized assembly, uttering seditious words and being disorderly for urging secondary school students at Tai Po Waterfront Park to take part in an assembly on January 17.

Other charges include holding an unauthorized assembly, disorderly conduct and disobeying an officer's order after he allegedly used profanities at police outside the Sogo store in Causeway Bay on January 19.

Chan was supposed to hear legal arguments from the prosecution and defense on whether Tam's case fell into the scope of national security.

But Chan explained he has two capacities - a designated judge to hear national security cases and a District Court judge. So he can handle Tam's case regardless of its status.

Debating it further would be unhelpful, Chan said, suggesting a move to other technical issues.

Defense counsel Philip Dykes said he will leave his arguments until later.

He also said the defense will not withdraw a notice of discontinuance - a notice filed to a court when a mistaken claim is being made or it is against the wrong person.

Chan, who decided on March 31 to handle that matter, also decided that the trial will be conducted in Cantonese as Tam chanted the slogans in question in his native tongue, but the hearing for notice of discontinuance will be in English.

Chief District judge Justin Ko King-sau had ruled on Wednesday that a national security law-designated judge should hear Tam's case to avoid a non-designated judge potentially overstepping his or her powers.

That was after the Department of Justice asked for a designated judge to adjudicate in Tam's case even though the charges he faced did not fall under the national security legislation.

michael.shum@singtaonewscorp.com