HKSAR govt asks for law interpretation on ruling that allows UK lawyer to represent Jimmy Lai

Hong Kong’s top court rejected an appeal by the Department of Justice (DOJ) to overturn the permission to allow a UK barrister to represent Jimmy Lai, the imprisoned owner of Next Digital Media, in an upcoming national security trial, which is seen as a disappointing result.

Local officials and legal experts called for the interpretation of the national security law (NSL) for Hong Kong as allowing overseas lawyers in national security cases was inappropriate and risked leakage of national secrets.

Hong Kong Special Administrative Region (HKSAR) Chief Executive John Lee said on Monday that he has submitted a report to the central government, mentioning the case of Lai, suggesting that the National People’s Congress (NPC) Standing Committee should interpret the NSL for Hong Kong to clarify whether a lawyer without local full qualifications can handle national security cases.

Three judges of the Court of Final Appeal refused on Monday the DOJ’s appeal against a lower court’s earlier decision of allowing London-based King’s Counsel Timothy Owen to join Lai’s defense team, which was also the last chance for the HKSAR government to renounce the decision.

Lee mentioned during a press conference on Monday that one of the reasons for the suggested interpretation of the NSL for Hong Kong is that the HKSAR has no effective way to exclude overseas lawyers or barristers when they have their own national interests, which could result in conflicts of interest. There’s no effective way to ensure that those lawyers are immune from the influence of foreign governments, organizations or individuals.

Also, there’s no effective way to ensure that those lawyers to comply with the confidentiality requirements of state secrets, business secrets and personal privacy known to the practice activities under the NSL for Hong Kong, Lee said.