Foreign lawyers restricted from working on national security cases in Hong Kong – National | 24CA News
Hong Kong’s legislature handed a authorized modification on Wednesday to forestall international attorneys engaged on nationwide safety circumstances, a restriction critics say will undermine honest trials and the best of defendants to decide on their attorneys.
The modification enshrines in legislation a ruling from China’s prime lawmaking physique final December that Hong Kong courts should get the approval of the town’s chief earlier than admitting a international lawyer with out Hong Kong {qualifications} for nationwide safety circumstances.
The use of international attorneys by each prosecutors and defence has lengthy been a part of the rule of legislation traditions within the former British colony and lately some have turn out to be concerned in defending critics of the Beijing-backed metropolis authorities.
The December ruling by China’s National People’s Congress Standing Committee adopted an enchantment to it by metropolis chief John Lee after the town’s Department of Justice had tried unsuccessfully to dam British lawyer Timothy Owen from defending media tycoon and China critic Jimmy Lai.
Lai, 75, founding father of now shut pro-democracy newspaper Apple Daily, faces a complete of 4 expenses below the safety legislation and a colonial-era sedition legislation.
Under Wednesday’s modification, a international lawyer can’t get entangled in nationwide safety circumstances except the town’s chief has ample grounds for believing that the lawyer’s involvement shouldn’t be opposite to the pursuits of nationwide safety. It will likely be determined case-by-case.
Defending the modification, Secretary for Justice Paul Lam informed the town’s Legislative Council that Hong Kong had greater than 100 senior counsels and 1,500 barristers, so defendants may select appropriate authorized representatives amongst them.
“The bill complies with … the Hong Kong National Security Law on respecting and protecting the human rights and freedoms, nor does it deprive any people’s legal rights,” Lam mentioned.
The invoice was handed unanimously.
British-based authorized scholar Eric Lai mentioned the modification allowed for a broad authorities interpretation of what constituted a nationwide safety case, and subsequently who could be allowed to get entangled in it.
It would additionally discourage some international attorneys from getting Hong Kong restricts international attorneys from nationwide safety circumstances concerned, he mentioned.
“The vague definition of ‘cases concerning national security’ in the bill implies that the government can arbitrarily use the new powers to allow or prohibit foreign lawyers from taking up local cases, whatever civil or criminal, on the over-broad ground of ‘national security’,” Lai mentioned.
Beijing imposed the nationwide safety legislation on Hong Kong in 2020 after months of anti-government protests. It punishes acts of subversion, terrorism, collusion with international forces and secession with as much as life imprisonment.
Jimmy Lai’s authorized crew filed a authorized problem final month after Hong Kong’s nationwide safety committee suggested the Immigration Department to refuse Owen a brand new visa. A call will likely be handed down by a High Court choose.
