17 Sept 2025獨媒#7325
【初選47人案】上周確認未獲扣減刑期 快必稱「預咗㗎啦」
Forty-seven people were charged with conspiracy to subvert state power over organising and participating in the pro-democracy primary election. Forty-five convicted defendants were sentenced last November, including People Power former vice-chairman Tam Tak-chi (Fast Beat), who was sentenced to four years and five months in prison. In a post on his social media account yesterday, Fast Beat said that after an earlier assessment, he received a “report card” last week confirming that he would not receive a sentence reduction. He said of the result, “Expected that,” and added, “It doesn’t matter,” because he had many books in prison that he had not yet read. Fast Beat said he still hoped to be released as soon as possible to meet his friends.
Tam is currently serving his sentence at Shek Pik Prison, with 20 months remaining. In a post yesterday, his social media account said several of his secondary-school classmates visited him before the end of last weekend. Two of them had not seen Fast Beat for nearly a year and felt that he had become considerably thinner, while his complexion looked ruddy. Fast Beat joked that his face was red because he had just finished exercising, then lifted his shirt to show his muscles to his classmates, who applauded him.
47涉組織及參與民主派初選，被控「串謀顛覆國家政權罪」，45名罪成被告去年11月判刑人民力量前副主席譚得志（快必）被判囚4年5個月。快必的社交媒站昨日發文，指早前經評估後，在上周收到「成績表」獲確認未獲扣減刑期。快必對結果表示「預咗㗎啦」，又稱「唔緊要」，因在獄中有很多書未看。快必最後稱，仍希望盡快出獄與朋友相聚。
譚得志目前在石壁監獄服刑，刑期尚餘20個月。他的社交媒站昨日發文，指數名中學同學在上周末前往探望，其中二人已近一年沒有見過快必，在見到他後感覺其瘦了不少，而且面色紅潤。快必就笑言，因為剛剛做完運動，所以面色紅紅地，並揭高上衣向中同展示肌肉，獲中同拍手讚好。
10 Jan 2025法庭線#4420
譚得志煽動案終極上訴 譚一方引甘地自述指「不涉煽暴應有自由表達不滿」
Former People Power vice-chairman “Fast Beat” Tam Tak-chi was convicted of 11 offences, including “uttering seditious words”, over remarks allegedly made at a street booth in 2020, including “black cops should die with their entire families” and “Liberate Hong Kong, revolution of our times”. He was sentenced to 40 months in prison and has completed his sentence in the case. Tam, dissatisfied with his conviction and sentence, brought a final appeal. Five Court of Final Appeal judges finished hearing submissions from both sides on Friday (the 10th) and reserved judgment.
One issue in the case is whether a sedition charge requires proof of an intention to incite violence. Senior Counsel for Tam, Philip John Dykes, cited Mahatma Gandhi’s account of his 1922 trial, saying that feelings cannot be manufactured or regulated by law. If a person has no feeling towards someone or an institution, he should have the freedom to fully express his dissatisfaction so long as it does not involve inciting violence. The Department of Justice reiterated that the Court of Final Appeal had ruled that the sedition offence was constitutional and did not infringe freedom of speech, and that the prosecution was not required to prove an intention to incite violence or disrupt public order.
In response to the appellant’s argument that sedition is an “indictable offence” that must be tried by a jury in the Court of First Instance, the judges questioned whether having the Court of First Instance and a jury handle the matter was “making a mountain out of a molehill”, given that the maximum sentence for the old sedition offence was only two years’ imprisonment. They also said that the requirement for indictable offences to be tried in the Court of First Instance was not a “straitjacket”.
人民力量前副主席「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，被裁定「發表煽動文字」等 11 罪成，判囚 40 個月，他就本案已完成服刑。譚不服定罪及刑罰提終極上訴，終院 5 位法官於周五（10 日）聽畢雙方陳詞，押後裁決。
本案爭議之一，是煽動罪須否證煽暴意圖。代表譚的資深大律師戴啟思，引印度聖雄甘地在 1922 年大審判中的自述指，感情無法被製造或以法律去規範，若一個人對某人或制度沒有感情，只要不涉煽動暴力，他應該有自由充分表達不滿。律政司則重申，終院已裁定煽動罪合憲，沒侵犯言論自由，控方毋須證明具煽暴或擾亂公共秩序意圖。
針對上訴方指煽動罪屬「可公訴罪行」，須在高院原訟庭由陪審團審理，法官質疑，舊煽動罪最高刑罰僅判囚 2 年，由原訟庭及陪審團處理是否「小題大做」，又指「可公訴罪行」由原訟庭審訊的規定非「約束衣」。
16 Aug 2024法庭線#3911
首宗煽動罪終極上訴 終院拒批違憲議題 判詞：須在建設性批評及煽動間劃界線
Tam Tak-chi, former vice-chairman of People Power, was convicted of 11 offences including uttering seditious words over remarks including “May all black cops’ families die” and “Liberate Hong Kong, revolution of our times” while operating a street booth in 2020. He was sentenced to 40 months’ imprisonment and has completed his sentence. Dissatisfied with the convictions, Tam was granted leave by the Court of Final Appeal on Wednesday (14th) to apply for a final appeal. The hearing will take place on 10 January next year.
The Court granted leave on two legal points but refused leave on the issue of whether the sedition offence is unconstitutional. In reasons handed down on Thursday (15th), the judges said the sedition provisions set out categories of seditious intention and exempted intention, and that the wording was neither vague nor subjective. The judges reiterated that the law allows members of the public to criticise, “but a line must be drawn between constructive criticism and sedition”.
人民力量前副主席「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，被裁定「發表煽動文字」等 11 罪成，判囚 40 個月，已完成服刑。譚不服定罪，周三（14 日）向終審法院申請終極上訴許可獲批，明年 1 月 10 日進行聆訊。
終院就兩個法律觀點批出許可，拒批煽動罪是否違憲此議題。法官周四（15 日）頒判詞指，煽動罪條文列出煽動意圖、免責意圖類別，字眼亦非含糊、主觀。法官重申，法律容許市民批評，「但必須在有建設性的批評及煽動之間劃出界線」。
14 Aug 2024法庭線#3901
首宗煽動罪終極上訴 譚得志獲終院批出上訴許可 明年1月10日聆訊
Former People Power vice-chairman Tam Tak-chi, known as “Fast Beat”, was convicted of 11 offences, including publishing seditious words, over remarks including “Black cops, may your whole families die” and “Liberate Hong Kong, revolution of our times” made at a street booth in 2020. He was sentenced to 40 months’ imprisonment and has completed his sentence. Dissatisfied with his conviction, Tam applied to the Court of Final Appeal for leave to make a final appeal. The application was granted on Wednesday (14th), and the case is scheduled to be heard on 10 January next year.
Tam, who is currently remanded in custody in connection with the 47-person case, did not attend court on Wednesday. The case was handled by Permanent Judges of the Court of Final Appeal Lee Yee, Fok Siu-kong and Lam Man-hon. Leave was granted on two legal questions raised by the applicant: whether a sedition charge must be tried by a jury, and whether the prosecution must prove an intention to incite violence. The Court of Final Appeal refused leave on another question—whether, if an intention to incite violence need not be proved for a sedition charge, this excessively restricts freedom of expression and is unconstitutional.
In response to the Department of Justice’s argument that the former sedition offence has been replaced by the new sedition offence under the Safeguarding National Security Ordinance, and that the case is not of substantial and wide importance with limited future applicability, the applicant stressed that at least three cases involving the former sedition offence remain pending trial. The applicant therefore argued that this appeal is not merely an academic discussion.
人民力量前副主席「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，被裁定「發表煽動文字」等 11 罪成，判囚 40 個月，已完成服刑。譚不服定罪，向終審法院申請終極上訴許可，周三（14 日）獲得批准，案件定於明年 1 月 10 日進行聆訊。
目前因 47 人案還押的譚得志，周三未有到庭。案件由終院常任法官李義、霍兆剛、林文瀚處理，並就申請方 2 項法律爭議批出許可，包括煽動罪須否由陪審團審理、控方須否證明煽暴意圖；另一項爭議，即若煽動罪毋須證煽暴意圖，有否過份限制言論自由而違憲，終院則拒絕批出許可。
針對律政司一方指，舊煽動罪已被《維護國家安全條例》下新煽動罪取代，本案不具重大而廣泛重要性，日後可應用性有限，申請方強調，目前至少有 3 宗涉舊煽動罪的案件未審結，故是次上訴絕非純粹學術討論。
15 Nov 2023獨媒#8649
控辯就英國樞密院案例陳詞 官再押後裁決待快必上訴案判決
The parent company of Stand News, former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Lam Siu-tung were charged with conspiracy to publish seditious publications. They completed closing submissions at the end of June, and a verdict was originally scheduled for today. However, after the UK Privy Council ruled last month in a Trinidad judicial review case that an implied essential element of the offence of sedition is an intention to incite violence or disorder, the judge, in response to an application by the defence, asked both sides to make submissions on the issue today. The prosecution said the Privy Council had not conducted a constitutional analysis and that the above was merely an “incidental opinion”; it also said Trinidad and Hong Kong differed in their statutory provisions on sedition and social circumstances, and that Hong Kong’s “special social circumstances” involving the 2019 “black violence” meant the case could not be directly applied. The defence countered that the intention to incite violence was a “core argument” of the judgment, that the laws on sedition in the two places had the same legal origins, and that the court should adopt the case.
《立場新聞》母公司、前總編輯鍾沛權及前署任總編輯林紹桐被控「串謀發布煽動刊物」罪，今年6月底完成結案陳詞，原押至今天裁決，惟英國樞密院上月就一宗千里達司法覆核案，裁定煽動罪「隱含必要條件」為須有煽動暴力或動亂的意圖，法官因應辯方申請，要求雙方今就此陳詞。控方指，樞密院無進行憲法分析，上述僅為「附帶意見」，而千里達與香港的煽動條文和社會情況等均有分別，香港涉2019年「黑暴」的「特殊社會情況」，不能將案例直接套用。不過辯方反駁，煽暴意圖為判詞「核心論點」，而兩地煽動罪法律淵源一樣，法庭應採納案例。
4 Jul 2023法庭線#7919
首宗煽動案上訴 「快必」譚得志一方指須證意圖及在高院審 上訴庭9個月內宣判
Former People Power vice-chairman “Fast Beat” Tam Tak-chi was convicted after trial of 11 offences, including publishing seditious writings, over remarks such as “black cops, may your whole families die” and “Liberate Hong Kong, revolution of our times” made while operating a street booth in 2020. He was sentenced to 40 months’ imprisonment. Tam appealed against his convictions and sentence. On Tuesday (the 4th), the Court of Appeal of the High Court dealt with his application for leave to appeal, in the first appeal against a sedition conviction since 1997.
Tam’s side argued that a sedition offence requires proof of the defendant’s seditious intent and an element of violence. It also argued that under the National Security Law, trials of offences endangering national security are conducted “on indictment”, meaning that only the High Court has jurisdiction to hear them.
The Department of Justice argued that it was unnecessary to prove seditious intent. It also cited the English version of the National Security Law, arguing that “shall” could be understood as “may”, and therefore trials of offences endangering national security were not necessarily required to be held in the High Court. Chief Judge of the High Court Poon Siu-tat referred to the Chinese version, which states only that “the trial of cases endangering national security shall be conducted on indictment”, while the department reiterated that the context had to be considered.
The three judges said after hearing the submissions that they would hand down the reasons for their judgment within nine months. Tam appeared in a grey suit jacket, smiling and greeting people in the public gallery. League of Social Democrats member Tsang Kin-shing attended the hearing. Before leaving, Tam waved to people in the public gallery.
人民力量前副主席、「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，經審訊後被裁定「發表煽動文字」等 11 罪成，判囚 40 個月。譚不服定罪及刑罰提上訴，周二（4 日）在高院上訴庭處理許可申請，是 1997 年後首宗煽動罪上訴案。
譚得志一方指，煽動罪須證明被告的煽動意圖及暴力元素，又指根據《國安法》，危害國安罪行的審判「循公訴程序」進行，即只有高院有權處理。
律政司一方則認為，毋須證明有煽動意圖，又引述《國安法》英文版，指當中「shall」可理解為「may（可）」，故此危害國安罪行非必須在高院審理。高院首席法官潘兆初引中文版指，只寫有「危害國家安全案件的審判循公訴程序進行」，周重申要考慮語境。
3 名法官聽畢陳詞，表示將於 9 個月內頒下判決理由。譚穿著灰色西裝外套出庭，面露笑容與旁聽人士打招呼；社民連成員曾健成到場旁聽。譚離庭前，與旁聽人士揮手。
4 Jul 2023法庭線#7924
首宗煽動案上訴 「快必」譚得志一方指須證意圖及在高院審 上訴庭9個月內宣判
Tam Tak-chi, former vice-chairman of People Power, was convicted after trial on 11 charges, including publishing seditious words, over remarks including “black cops die with their whole families” and “Liberate Hong Kong” made while operating a street booth in 2020. He was sentenced to 40 months in prison. Tam, known as “Fast Beat”, appealed against his convictions and sentence. His application for leave to appeal was heard at the High Court’s Court of Appeal on Tuesday (the 4th), in the first appeal against a sedition conviction since 1997.
Tam’s side argued that the sedition offence requires proof of the defendant’s seditious intent and a violence element. It also said that under the National Security Law, trials of offences endangering national security are conducted “by way of indictment”, meaning that only the High Court has jurisdiction to handle them.
The Department of Justice argued that seditious intent need not be proved. It also cited the English version of the National Security Law, saying that “shall” could be understood as “may”, and therefore trials of offences endangering national security did not necessarily have to be held in the High Court. The Chief Judge of the High Court, Jeremy Poon Shiu-chor, cited the Chinese version, which states only that “the trial of cases endangering national security shall be conducted by way of indictment”; the Department of Justice reiterated that the context had to be considered.
The three judges heard the submissions and said they would deliver their reasons for judgment within nine months. Tam appeared in a grey suit jacket, smiling and greeting people in the public gallery. Tsang Kin-shing, a member of the League of Social Democrats, attended the hearing.
人民力量前副主席、「快必」譚得志，被指 2020 年擺街站時，發表「黑警死全家」、「光時」等言論，經審訊後被裁定「發表煽動文字」等 11 罪成，判囚 40 個月。譚不服定罪及刑罰提上訴，周二（4 日）在高院上訴庭處理許可申請，是 1997 年後首宗煽動罪上訴案。
譚得志一方指，煽動罪須證明被告的煽動意圖及暴力元素，又指根據《國安法》，危害國安罪行的審判「循公訴程序」進行，即只有高院有權處理。
律政司一方則認為，毋須證明有煽動意圖，又引述《國安法》英文版，指當中「shall」可理解為「may（可）」，故此危害國安罪行非必須在高院審理。高院首席法官潘兆初引中文版指，只寫有「危害國家安全案件的審判循公訴程序進行」，周重申要考慮語境。
3 名法官聽畢陳詞，表示將於 9 個月內頒下判決理由。譚穿著灰色西裝外套出庭，面露笑容與旁聽人士打招呼；社民連成員曾健成到場旁聽。
20 Apr 2022獨媒#1932
快必發表煽動文字等11罪成 判囚3年4個月
Tam Tak-chi was convicted of 11 offences, including publishing seditious words, over slogans including “Liberate Hong Kong, revolution of our times” and “May all black cops’ families die” that he shouted while running a street booth the year before last. He was sentenced to 3 years and 4 months in prison and fined $5,000. The case was the first conviction for seditious words since the handover of sovereignty.
譚得志涉前年擺街站時叫「光復香港，時代革命」、「黑警死全家」等口號，被裁定「發表煽動文字」 等11罪成，判囚3年4個月及罰款5,000元。本案為主權移交後首宗煽動文字的定罪案件。
3 Dec 2020立場新聞#1000
被控 14 罪 指定法官排期明年 5 月審訊 譚得志續遭還押
The case has been assigned to National Security Law-designated judge Chan Kwong-chi and scheduled for trial in May 2021. “Fast Beat” Tam Tak-chi remains remanded in custody.
案件交由國安法指定法官陳廣池處理，排期至2021年5月審理，「快必」繼續還押。
4 Nov 2020眾新聞#890
【再加控發表煽動文字】快必被控共14項罪 代表律師戴啟思指濫用司法程序
The Department of Justice applied to add one charge of conspiracy to publish seditious words against Tam Tak-chi, known as “Fast Beat”, alleging that he passed a microphone to another person dressed in black at a street booth in Mong Kok in July to shout seditious slogans including “black cops die with their whole families”. Chief Magistrate and designated national security law judge Esther Toh approved the prosecution’s application. The case was transferred to the District Court and adjourned until 17 November for mention. “Fast Beat” remained in custody.
律政司申請加控「快必」譚得志一項串謀發表煽動文字罪，指他7月在旺角街站傳咪給另一黑衣人呼喊「黑警死全家」等煽動性口號。總裁判官兼國安法指定法官蘇惠德批准控方申請，案件轉介至區域法院，11月17日再訊，「快必」繼續還押。
Translations are supplied by the source workbook. Consult the original reporting for context.
