Lai trial postponed pending Beijing’s legal interpretation
Defence team does not oppose adjournment, citing refusal to extend British barrister’s visa
The High Court agreed yesterday to postpone media tycoon Jimmy Lai Chee-ying’s national security trial to December 13 pending a legal interpretation by Beijing on whether overseas lawyers can join such proceedings.
Three judges approved by the chief executive to oversee the case granted an adjournment to the 30-day trial in light of an imminent interpretation of the national security law by Beijing’s top legislative body, after the defence raised no objection to the application.
Lawyers for the publishing tycoon said their decision was mostly because the Immigration Department had withheld the visa of British King’s Counsel Timothy Owen, who was previously allowed to appear for Lai.
The Post learned that Owen had already been issued a working visa to take up another case in the city when the High Court’s chief judge gave the green light for the barrister in October to represent the founder of the now-defunct Apple Daily newspaper in his trial.
But lawyers were told on Wednesday the Immigration Department had refused an application by the London-based lawyer to extend his temporary stay.
Lai’s legal team declined to indicate the department’s grounds in dismissing Owen’s extension bid, saying the reasons given were “very obvious”.
The Court of Final Appeal on Monday cited technical grounds in dismissing the justice secretary’s last-ditch attempt to overturn the permission granted to Owen to defend Lai against charges of sedition and collusion with foreign forces. But the top judges left open the overarching question of whether legal practitioners from abroad should in principle be excluded from national security cases, a position contended by the government and pro-Beijing politicians.
Hours after that ruling, Chief Executive John Lee Ka-chiu said he would ask the National People’s Congress (NPC) Standing Committee to decide whether such an appointment should be permitted given the need to safeguard national security.
Lai was charged in December 2020, months after Beijing imposed the national security law. He has been remanded in custody since New Year’s Eve two years ago. Prosecutor Anthony Chau Tin-hang said his team had “every reason to believe” Beijing would grant the chief executive’s request, citing “full support” shown by central authorities.
The interpretation may have the effect of not only barring overseas counsel from appearing in cases centred on the legislation, but also prohibiting any form of participation including offering legal advice, according to Chau.
“We invite the court to respect the NPC Standing Committee’s power and give effect to its interpretation,” he said. “This is also to ensure fairness for all parties, in particular to [Lai].”
While seeking a seven-day delay, the prosecutor acknowledged the case could be put on hold longer depending on Beijing’s deliberation.
Meanwhile, Senior Counsel Robert Pang Yiu-hung, representing Lai, argued that the Immigration Department’s decision to withhold Owen’s visa was against the public interest.
We invite the court to respect the NPC Standing Committee’s power and give effect to its interpretation
PROSECUTOR ANTHONY CHAU
“This effectively frustrates the order by the chief judge that the court should have the best assistance available to tackle all the formidable tasks at hand,” Pang told the court.
He said his team was “in delight” upon hearing the top court’s verdict on Monday, only to be left “in puzzlement” by the chief executive’s announcement.
The court earlier heard Lai would lodge an application for a permanent stay of proceedings on the grounds he had been deprived of the right to a fair trial.
Madam Justice Esther Toh Lye-ping, one of the trio of presiding judges, said she would “rather not waste time” and proceed to hear submissions concerning the request for stay, but acceded to an adjournment after the defence said it needed more time.
The court listed the next hearing for December 13 to decide whether the trial should be further rescheduled. The Immigration Department said it would not comment on individual cases.