 Hong Kong activist arrested for 'seditious words' before rally Hong Kong (AFP) Sept 6, 2020 - An opposition activist was arrested in Hong Kong on Sunday by a new police squad for "uttering seditious words", hours before a rally against a controversial security law. The arrest of Tam Tak-chi, vice president of radical democratic party People Power, is the latest detention of a high profile democracy supporter in the financial hub and came on the morning Hongkongers had been due to vote in a general election, delayed because of the coronavirus. An unauthorised protest in opposition to a new law that gives authorities sweeping powers -- as well as the poll's postponement and a Beijing-backed Covid-19 testing programme -- had more than 10,000 online subscribers. Tam, a former radio presenter known "Fast Beat", was arrested at his home in north east Hong Kong by police officers from the national security squad, although he was not detained under the new law, police said. "The gentleman we arrested this morning was arrested for uttering seditious words under the Crimes Ordinance's section ten," senior superintendent Li Kwai-wah said, referring to legislation enacted in the British colonial era to clamp down anti-government expressions. According to Li, Tam was held for using words that "brought into hatred and contempt of the government and raised discontent and disaffection among Hong Kong people" in speeches made across Hong Kong this summer. Li said the national security police was leading the arrest because at the initial stage of investigation the force suspected Tam of committing "incitement to secession" in article 21 of the national security law. "But after collection of evidence and consulting the Department of Justice, we decided that it is more suitable to use the Crimes Ordinance," Li said. Since the national security law was passed in Beijing and implemented in Hong Kong on 30 June, 21 people, including pro-democracy media mogul Jimmy Lai and prominent activist Agnes Chow, have been arrested for allegations of "incitement to secession", "collusion with foreign forces" and "terrorism acts". Hong Kong's administration insists the law has not impinged on the rights to freedom of speech and assembly guaranteed to the territory when it returned to Chinese rule in 1997. Yet certain opinions and expressions in previously free-wheeling Hong Kong have become illegal, and activists have spoken of a deep chilling effect that has seen books yanked from libraries and publishers rush to amend their titles.
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China issued a fierce rebuke Friday to UN experts who said a draconian national security law imposed upon Hong Kong poses a serious risk to the city's freedoms and breaches international legal obligations.
Beijing has faced a barrage of criticism over the legislation, imposed late June after pro-democracy protests rocked the semi-autonomous city last year.
The law, which criminalises secession, subversion, terrorism and colluding with foreign forces, carries a maximum life sentence and has intimidated many protesters into silence.
In a letter made public Friday, the UN special rapporteurs on human rights warned parts of the legislation "appear to criminalise freedom of expression or any form of criticism" of China.
In customarily strong language, China's foreign ministry was swift to strike down the allegations, saying the law "punishes an extremely small number and protects the absolute majority" in the financial hub.
"Some people disregard the facts and maliciously slander China's human rights situation... and crudely interfere in China's internal affairs," ministry spokeswoman Hua Chunying told reporters.
"Stop meddling in Hong Kong affairs and China's affairs in any way."
Hong Kong lurched into chaos last year as pro-democracy protesters -- furious at perceived encroachment by China on the city's freedoms -- clashed with police.
Unrest has simmered down thanks to coronavirus restrictions and the chilling effect of the security law -- under which more than 20 people have been arrested, including a prominent media tycoon.
The letter by the UN advisers -- the first issued since the law blanketed the southern Chinese city -- gave a vigorous dissection of the damage being inflicted upon the freedoms once enjoyed in Hong Kong, enshrined in an agreement made before the 1997 handover from British colonial rule back to China.
The security law "poses a serious risk that those fundamental freedoms and due process protections may be infringed upon", the rapporteurs said.
The letter warned the legislation could "impinge impermissibly on the rights to freedom of opinion, expression and of peaceful assembly".
The rapporteurs urged China's "reconsideration" of the legislation and for a fully independent reviewer to be appointed to ensure it complies with China's international human rights obligations.
They also expressed concern over one of the most controversial points of the law -- which allows cases to be transferred from the jurisdiction of Hong Kong to mainland China -- and warned it could undermine the right to a fair trial.
The broadly worded law criminalised certain political speech overnight, such as advocating sanctions against China or greater autonomy or independence for Hong Kong.
Lawyers for some of the more than 20 people arrested under the law so far say police are trawling historical actions of pro-democracy activists to beef up their cases.
The UN experts also raised concerns over the definition of terrorism under the national security law.
They warned it extends to damage of physical property such as transport facilities -- which goes well beyond the UN Security Council's definition of terrorist conduct as aiming to cause death or serious bodily harm.
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