Hong Kong Chief Executive asks NPCSC to clarify Article 65 of national security law
On Monday, Hong Kong s Chief Executive John Lee Ka-chiuLee Ka-chiu submitted a request to the Standing Committee of the National People's Congress to interpret Article 65 of the city's national security law to clarify whether overseas lawyers are allowed to work on national security cases.
The request came after the Court of Final Appeal, the city's top court, upheld the High Court decision to allow Jimmy Lai Chee-ying, founder of the now-defunct tabloid Apple Daily, to hire British King s Counsel Timothy Owen as his counsel in his upcoming national security trial, scheduled to start on Thursday.
READ MORE: The top court of HK allows British Barrister to defend Lai.
Lai faces four charges, including colluding with foreign forces to endanger national security, an offense under the National Security Law for Hong Kong.
According to a press release from the Chief Executive's Office, Lee submitted a report to the central government in which he asks the NPCSC to clarify the following: Based on the legislative intent and objectives of the National Security Law, can an overseas lawyer or barrister who is not qualified to practice generally in Hong Kong participate in any means in the handling of work in cases involving offenses that could harm national security? Lee was speaking with the press shortly after the court judgment, and said he respects the ruling of the CFA. He said as the head of the Committee for Safeguarding National Security of the HKSAR and CE of the city, he has a duty to request the interpretation of the NPCSC when there is a question that needs clarification, especially because national security is of primary importance.
Lee said there are no effective means to ensure that counsel from overseas has not been coerced, compromised or is in any way controlled by foreign governments, associations or persons.
There is no effective means to make sure that the counsel will comply with Article 63 of the Hong Kong National Security Law, that he will not keep secret information such as State secrets, commercial secrets, or personal details during his legal practice.
Hong Kong political heavyweights and groups threw their weight behind Lee's decision.
In a post on his social media page, Leung Chun-ying, vice-chairman of the National Committee of the Chinese People's Political Consultative Conference, backed Lee's decision.
Leung said that the grounds on which the court decided to allow a UK barrister to defend Lai in his national security case are utterly wrong and will have far-reaching implications.
Tam Yiu-chung, a Hong Kong delegate to the NPCSC who participated in the deliberations of the draft of the National Security Law for Hong Kong, said he felt disappointment at the CFA's decision to allow a foreign attorney to handle national security cases.
Tam said that the NPCSC will hold a regular meeting at the end of December, which would be a good time for the NPC to interpret the law.
Henry Ho Kin-chung, a council member of the Hong Kong and Macao Basic Law Research Association under the China Law Society, expressed support for the HKSAR move, saying he hopes that the Hong Kong courts will wait for the interpretation of the NPCSC before he starts the trial of Lai's case.