Hong Kong judiciary respects request for National Security Law interpretation

On July 22, 2021, a man walks toward the main entrance of the local court in Hong Kong. VINCENT YU AP The city's judiciary respects the government's request for an interpretation of the National Security Law for Hong Kong, to determine whether the hiring of an overseas lawyer in a national security case is in line with the legislative intent and objectives of the law.

The request by Hong Kong Chief Executive John Lee Ka-chiu on Monday was made by the National People's Congress NPCSC to ask the Standing Committee of the National People's Congress NPCSC to find out whether an overseas solicitor or barrister who is not qualified to practice generally in Hong Kong can participate in cases relating to an offense that threatens national security.

At the centre of the heated discussion is Monday's decision by the city's top court to allow Jimmy Lai Chee-yingLai Chee-ying, founder of the now-defunct Apple Daily newspaper, to have a British lawyer defend him in his upcoming trial. Lai is set to stand trial for four charges on Thursday, including collusion with foreign forces to endanger national security.

The Department of Justice is expected to apply for a delay in Lai's trial until the interpretation of the NPCSC by the end of the day.

In response to media queries late Monday night, the Judiciary said that the power of interpretation of this law is vested in the NCSC, according to Article 65 of the National Security Law.

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The Judiciary spokesman said that the National Security Law has an overriding effect on the local laws of the Hong Kong Special Administrative Region as Article 62 stipulates that the NSL will prevail where provisions of the HKSAR laws are inconsistent with the law.