Parti Keadilan Rakyat (PKR) vice-president Tian Chua and two opposition activists have again failed in their bid to drop the sedition charge against them.

High Court Judge Kamardin Hashim yesterday rejected their application to dismiss the charge after hearing submissions by deputy public prosecutor Mohamad Abazafree Mohd Abbas, and counsel N Surendran who is representing Tian Chua, 51, Adam Adli Abd Halim and Hishamuddin Md Rais.

He then ordered the case to be remitted to the Sessions Court for trial.

The first application by Tian Chua, who is also member of parliament for Batu, Adam Adli, 25, and Hishamuddin, 62, to drop the charge against them was dismissed on Feb 18 by the High Court which found it to be premature and without merit.   

The charge pertained to allegedly seditious speeches they presented at the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi on May 13, 2013 between 8.55pm and 11.55pm.

On March 5, they filed a second bid to dismiss the charge.

Kamardin in his ruling today, said the court was bound by a Court of Appeal decision on Nov 29, 2013, which rejected Tian Chua’s appeal against another sedition charge.   

The Court of Appeal had maintained that the charge under Section 4(1)(b) of the Sedition Act 1948, which pertained to Tian Chua’s alleged seditious comments related to the Lahad Datu intrusion in Sabah, was constitutional.

The three accused are facing a maximum fine of RM5,000 or a jail term of up to five years if convicted, under Section 4(1)(b) of the Sedition Act 1948 (Act 15), punishable under Section 4(1) of the same act.    

- Bernama